Baby Kate Trial: Week Two

[XLFD]

A synopsis and quick analysis of today's (4-23-2012) proceedings, the sixth day of the Trial of the Millenium (in Mason County):

 

I presumed today would start out with handwriting and computer forensics, in the analysis of the mysterious letter presented before the weekend.  It began with a computer forensics detective who testifiedwhat was found on two computers one at Ariel's and one at Sean's as well as an SD card.  He recounted a variety of sites visited:  several regarding New Mexico and adoptions therein, MI paternity sites and adoption sites, "Hide my IP", searches for fake adoption papers and forms, and including a visit to parentprofiles.com (the site mentioned on the note) by a user registered as Sean.  Profiles of adoptive couples in MI were checked.  The other computer also had a link to the parentprofiles.com link under the user name of Ariel.  Being that it has been acknowledged the couple were talking about adoption, this isn't conclusive proof of any wrongdoing on either or both parties.

 

Then a MSP trooper, Eric Young testified that he checked out the two couples in MI that were looked at by the computer searches.  Both couples allowed the police to search, with no sign of Kate.  He was excused and a recess for lunch ensued. 

After lunch lead detective Tom Posma (the county commissioner's son) of the MCSO testifies with an audiotape of the interview he had with Sean shortly after Sean was taken in for questioning about 6:30 PM on June 29.  I have seen Posma's interviewing technique (luckily not firsthand) and he is good at his craft.  Sean, unlike how he was initially portrayed did volunteer some information to Posma.  Basic questions are asked and Sean replies frankly and fully.  They talk about the fight for custody of Ariel's older sister, and how they've been fighting over things the whole week.  They argued the night before, and when they had driven to the DHS.  He claims to have taken Ariel and Kate around until dropping them off at home, thereby establishing that he had saw Kate that day. 

He later affirms that statement, that both Ariel and Kate were dropped off at Birchwood around 2 PM.  He claims he and Ariel have talked often about the adoption of Kate, and Ariel has him help her in the process.  Posma presses Sean to say that he had actually drove off with Kate, but Sean clams up.  The prosecutor stops the tape where Detective Posma emphatically asks:  "Where's Katherine?"   And the day has come to an end.

 

It looks as if the prosecutor is getting better at court cinematography, but here's what I would be seeing at this time.  Barring some amazing admission tomorrow morning  the tape by Sean, I see this tape as some evidence that works to the defense's advantage.  Sean comes off as oblivious to the implications of what Posma eventually springs on him, and when pressed on doing something illegal, realizes that the detective is accusing him of something heinous, and does what someone who thinks he may be charged with would do, defend himself by not making any further statements. 

If there is no more substance on this tape, which I believe there isn't, it makes perfect sense for Sean to quit talking (if he is innocent) and wait for a mouthpiece.  Television teaches us that one lesson at least.  One would think if he was guilty from the start, that he would have either not talked at all, or unwisely  build a story that might not be substantiated by the known facts.  He didn't do either. 

As with the morning testifiers which involved looking at websites that most anyone in the same boat may visit, and the lack of any witnesses to adoption, this actually helps prove reasonable doubt about the charge being prosecuted. 

Other testifiers today: an FBI official who found nothing suspicious in either Sean or Ariel's financial activities, LPD's Officers Haveman and McMellen who conducted a search of the Birchlake Apt. with no significant results, and Sean's parents house where they turned up mud crusted shoes (near swampland, gasp!), and MCSO Steve Hansen who checked their phone records, again finding nothing suspicious.  I was amazed there has not been any rigorous analysis of Friday's note, one must assume the prosecution wants the jury to take it at face value.

[XLFD]

It didn't really seem like there was much to laugh at for her in court today-- unless it's nervous laughter about her future.

[XLFD]

 

 

 

 

 

Oh my God.  They (the defense) killed Kenny!!!

 

But you'll notice that Det. Kenney is not wearing the orange coat worn by that character on South Park.  That tied-up jacket is donned by Prosecutor Paul Spaniola, whose key witness used to summarize the State's case against Sean Phillips, fell rather flat, but someone's career may soon flatline because of the strength of his case against the defendant, and all the questions the public is having about the other parent in this case.  Det. Kenney stayed on the stand for the afternoon, with just a brief stint by LPD detective JB Wells for corroboration.  Kenney this afternoon entertained the jury with a timeline based on phone evidence and primarily Ariel testimony-- a questionable source indeed-- followed by some re-enactments, including Ariel's bicycle ride to Dan Ruba's house.  She really needs to reenact that a few more times, just saying.  Kudos to Defense attorney Annette Smedley who managed to keep a straight face all day, unlike Ariel who was noticed as talking and chuckling with a friend in the courtroom.

Anyhow two things came out of the afternoon testimony.  A couple wanting to adopt whose webpage was visited by a computer is going to be interviewed (just the wife, the husband is in Germany) as a possible late lead.  One has to wonder why they didn't back in July when they had that info, DA Smedley sure did, but Judge Cooper is allowing the woman to be interviewed by the FBI.  Also noted was that Sean had changed his shoes from what he wore earlier according to Kenney.  No clear idea whether those muddy shoes were what he wore earlier though.  Muddy shoes and dirty diapers-- send Sean up for 15 years.

Other facebook sites by WMOM and MCP have more precise testimony today, but nothing really blew my skirt up today.

[april]

LOL I love Spaniolas pic.

[XLFD]

The trial may be over by this weekend as the prosecution wrapped up their case, and the defense quickly got their three witnesses out-- none of them was Sean himself, and closing statements will be enjoined after lunch break.  There was some interesting revelations this morning, but the lead witness from the FBI had bad news for those thinking that Kate may have been found in SE Michigan:  their was no hint that she/they had been contacted.  The defense rubbed a little bit of salt in the wound by asking about certain procedural items that were not followed.

After this witness, the people rested their case.  DA Smedley asked for the usual motion to dismiss the case against Phillips, a routine strengthened by the lack of any showing of "unlawful imprisonment" of any kind.  How is this going to be tied together in Spaniola's closing statement?  I just don't see it in the summary of what he has presented unless Sean's guilt is presumed (what it looks like most of the prosecution has all along). 

Defense led off its case with Ariel Courtland, briefly asks her about allegations that she wished she never had Kate, which Ariel angrily denied.  Hard to believe with her previous false testimony and her admitted appeals to Sean for mony for an abortion of fetus Kate.  Next witness. 

This writer's satirical picture of yesterday was amazingly prescient in that a new witness named Kenny (Wilson) took the stand.  He did not kill the prosecution's case, however, he did bring up on cross-examination that Sean had offered him $5000 at one point if he would kill Ariel.  The earnestness of this proposal was never explored.  But he also testifies that Ariel had threatened often to kidnap Hailey.  Ariel left the courtroom during Kenny's testimony.  He also witnessed that Ariel did not help in some searches because 'she knew' Kate would not be in those places.  Also volunteered that Ariel got angry at her mom after seeing a picture of Sean in prison orange.

Next witness is Aaron Salisbury, a former boss of Ariel, he states:  "Ariel said that her newest child was causing problems  Says that Ariel says she wished Kate would die."  Adds that she told co-workers that Sean had thrown Kate into a river.  Obviously, this witness establishes an alternate person of interest to anyone that is not prosecuting this case.  The defense rests, and closing statements are a lunch away...

 

[XLFD]

The prosecution and defense has closed their case and the fate of Sean Phillips is in the hands of twelve peers that heard this case through.  The prosecutor went through trying to show how the "secret confinement" applied to this case, ending with:  "You can totally disbelieve Ariel if you want," he told the jury. "The times don't lie.  The data shows that the defendant has motive, opportunity and ability to unlawfully imprison Katherine."

So does just about the witnesses in the case who think the mother was doing a terrible job of raising Baby Kate.  One can hope that somewhere Katherine is with a loving family, or at least, did not suffer for long. 

 

The defense drove their "reasonable doubt" truck through the mammoth holes the prosecution left behind, and pointed to the motive, opportunity, and ability for Ariel to do something with Kate.  And that she lies. 

"Is there doubt?  Doubt is all over this case. ... When there's doubt, (the verdict is) not guilty."

 

"Ariel and an awful lot of other people are interested in knowing where Baby Kate is at.", Spaniola rebutted.

Smedley objected, saying it didn't matter how the public felt about the case. She said that Spaniola was misleading the jury.

"Absolutely not am I misleading the jury," Spaniola snapped back, visibly upset.

The judge immediately called for a break. Upon returning to the courtroom, Spaniola apologized to the judge for snapping.  [But not for misleading the jury.] 

The jury is out until tomorrow morning, we will have news and analysis up as quick as we are able.

[Lisa O'Brien]

Unless the sources I was looking at - left out a lot of information, I don't see how they could find him guilty. I just feel bad that other than the parties involved in her disappearance no one will ever no what happened to that poor baby. I pray that she was really given to a good home to be raised and has a happy life and not disposed of like trash. And I sincerely hope that her big sister Haley is given to her grandparents (Sean's parents) to be raised. They seem like the only ones involved that have a moral compass and would give her a good life. 

[XLFD]

Agreed on all counts, Lisa.  I have checked out most every media outlet in the courtroom, the Facebook feeds, the Tweets, to get all of the information I miss from not being in the courtroom.  Even the most sympathetic to the prosecution hasn't been able to build a road to Convictionville for me. 

Two big questions remain: how long will it take for them to come back with a 'not guilty' verdict? and will Sean Phillips be called in to testify at Ariel's perjury trial?

[april]

There will be no perjury trial, Ariel Courtland does as she pleases in Ludington.

[XLFD]

The prosecutor will need a scapegoat if Sean is found innocent, who better than Ariel.  That mantle of inviolability she has wore since last June will soon be stripped from her as the prosecutor looks to save some face. 

And guess who should voluntarily come forward, after that is announced, to testify that Ariel is a serial liar?  Hint: their first name is the same as this month, and their last name is a brand of aluminum foil.  If they don't pursue Ariel, it will be in a large part because of the willingness of Judge Cooper to admit lies into his court proceedings in a certain PPO action, and his wanting to put that in the rear view.