Over two months ago, a local baby went missing, and her location and health is still as big a question as it was on day one.  The local papers and radio stations have announced a vigil to happen at Waterfront Park, at the end of South William Street in Ludington.  Even if you can't attend the event or hold much stock in vigils, hope and pray that there is a good ending to this story.

WMOM Baby Kate Vigil

 

In related news, Sean Phillips, who happens to be Baby Kate's father as a paternity test has recently found, is still set to be tried for the crime of kidnapping by the local Prosecuting Attorney Paul Spaniola. 

State law does not allow the biological parent to be tried for the harsher penalty of kidnapping, but our PA thinks this is still the right crime to convict Phillips of since he hadn't known for sure of his actual paternity until Baby Kate went missing.  Is this a good strategy?

WMOM Spaniola

Views: 388

Reply to This

Replies to This Discussion

The PA needs to go back to law school. It's the states duty to prove kidnapping and if Phillips is the father how can the PA possibly prove kidnapping when the law clearly states it was not. It's not the defendants obligation to prove innocence, so whether he knew he was the father or not is irrelevant.

I agree.  What part of MCL 750.350 doesn't he get when it says:  (2) An adoptive or natural parent of the child shall not be charged with and convicted for a violation of this section.

According to the law, it doesn't matter if he wasn't 100% sure of his fatherhood of Baby Kate, just that he is the natural parent.  I'd be willing to assume that he sure as heck knew he was engaging in baby-making actions with the mother around 9 months before Kate's birth.

The PA has no clothes.  Wednesday, the Kidnapping charge against Phillips was dismissed by Judge Cooper, backing the defendant and state law.

http://www.mlive.com/news/muskegon/index.ssf/2011/09/kidnapping_cha...

Spaniola came back with two other felonies:  parental kidnapping and unlawful imprisonment.  Whereas, the first is warranted and which was what should have been sought originally, the second one is a puzzle.   Unlawful Imprisonment involves something which the prosecution is unlikely to prove at the present time, that Baby Kate was or is 'restrained'.  If you read that law, he must show that Baby Kate was forcibly restricted or confined so as to interfere with her liberty.  We don't even know whether she's alive and well somewhere, or dead.  I wonder how he is going to try and show that she was restrained as the law defines it.

God bless that little girl.  And I will hope in about an hour along with the people who go to this, that this Sean Phillips monster gives up the information of her whereabouts.
I heard that last night's vigil had about 4-5 dozen people attend including the baby's mother Ariel and her sister Haley who was handing out pics of her sister.  I can't help thinking that the competency of the local police chief as the incident commander is a contributing factor as to why this case is not being solved.

Hello Xavier,

My name is Morgan and I am the producer of a podcast called Children of The Void. The show profiles cases of missing children and missing child cases wherein justice has not been completely served. I was referred to you by someone who has taken an interest in this case and has cited you as an expert. I am inviting you to be interviewed on the show by my hosts Michelle and Rachel. We would love to learn more about this case. If you're interested, let me know, and we can discuss the particulars. 

Warm regards,

Morgan

Welcome to the Ludington Torch, Morgan.  

I will be happy to talk with you and them about the case.  I have sent you personal contact information in a private message that you can access using that feature.  Just check your inbox.

RSS

© 2024   Created by XLFD.   Powered by

Badges  |  Report an Issue  |  Terms of Service