Baby Kate' Missing:Frantic Search for Michigan Infant, Katherine Shelbie-Elizabeth Phillips."Father"(proven thru DNA) Sean Phillips,21,.04/27/12:Sean Phillips convicted of unlawful imprisonment!06/05/12: Now a homicide investigation.

By BARBARA PINTO
June 30, 2011

An intense search is underway in Michigan for Katherine Shelbie-Elizabeth Phillips, a baby girl missing since Wednesday afternoon.

Sean Phillips, 21, the four-and-a-half-month-old's father, is suspected of kidnapping his daughter.

"He did not say where she was, and he did not say he knew where she was," Mason County Prosecutor Paul Spaniola said at a news conference this afternoon.

Phillips, a National Guardsman, was set to deploy to Afghanistan, but instead faces a kidnapping charge at home and is being held on a $500,000 bond. If convicted of kidnapping, he would face a potential penalty of life in prison.

Katherine's mother, Ariel Courtland, 19, identified Phillips as the alleged kidnapper. The couple also has an older child.

Courtland and Phillips had run an errand near their home in Ludington, Mich., about 80 miles west of Grand Rapids, Mich., police said. They evidently got into an argument and Phillips allegedly took off with the child.

"I can't eat or sleep," Courtland told a group of reporters outside her home. "I want to know where my daughter is at and that she's safe."

"Baby Kate," as her mother calls her, is teething. She has no hair, blue eyes and was dressed in a white one-piece outfit with black polka dots, and black and pink flowers.

Courtland said she never suspected Phillips would hurt their daughter and does not think he would leave the child with someone else. "I think, if anything, he just left her somewhere," she said.

Now that he's been arrested, she said she feared he would keep the baby's location a secret.

"Nobody's getting anything out of him now," she said.

Phillips was arrested at his parents' home late Wednesday afternoon, but police found no trace of baby Katherine.

Acting on a search warrant, investigators combed that house for evidence this afternoon. They also called in a U.S. Coast Guard helicopter to survey nearby Crystal Lake. A team of search dogs are at the ready.

State police and the FBI have also joined the search.

Officials are operating under the assumption Katherine will be found alive, Ludington Police Chief Mark Barnett said, but time is of the essence.

"We are still optimistic she'll be found safely," he said.

"She is small," said Spaniola, the prosecutor, "but it's not like it's January or 20 below zero. Hopefully, we can find her safely if she's been left outside or in the wild."

Police believe Phillips may have taken his daughter to a local Wendy's restaurant sometime between 1 and 2 p.m. Wednesday afternoon. They are looking for anyone who may have seen one or both of them there.

Authorities have issued an Amber Alert for the baby. Police are urging anyone with information to call (231) 869 5858 or to leave anonymous tips on their Silent Observer Hotline, 888-786-7274, or on the website [You must be registered and logged in to see this link.]

Volunteers asked to help search for missing baby Katherine Shelbie-Elizabeth Phillips at 1 p.m. in Ludington
Published: Friday, July 08, 2011, 10:15 AM Updated: Friday, July 08, 2011, 11:18 AM
Heather Lynn Peters | The Muskegon Chronicle By

LUDINGTON — Authorities are asking for volunteers to help comb a new area in Ludington this afternoon for missing 4-month-old Katherine Shelbie-Elizabeth Phillips, who's been missing since June 29.
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Sean Michael Phillips, 21, is accused of abducting the child outside the Ludington apartment where the baby lived with her mother, Ariel Courtland, 19, and the couple's 3 1/2-year-old daughter, Haley.

Phillips has been charged with kidnapping, and remains lodged at the Mason County Jail on $500,000 bond. He has not cooperated with authorities about the whereabouts of the infant, whom Phillips claims is not his biological child. Courtland insists the child is his.

At 1 p.m. Friday, volunteers are asked to help search the area of School Forest Trails and the Levianthan Disk Golf Course.

“Investigators are asking volunteers to come to the parking lot of the disk golf course on the west side of Jebavy Road. The search will progress west from that location and then systematically double back until that entire area has been covered,” authorities said in a press release.

Volunteers are asked to come equipped with a photo ID, water, footwear appropriate for a wooded search, brightly colored shirt or vest and a walking stick to move aside vegetation.

Upon arrival, volunteers will be asked to check in with officials from the Ludington Police Department and volunteers will be assembled and briefed, and the search will begin.

“We are asking that no search begin until the entire group search begins,” the press release said.

Meanwhile, authorities still hope to speak with anyone who saw Phillips from 1 p.m. to 4 p.m. on June 29. Phillips was seen at the Wendy’s Restaurant, 5189 W. U.S. 10, that afternoon.

Courtland said she and Phillips got into an argument in his vehicle parked outside her Ludington apartment at 922 E. Tinkham before he drove off around 1 p.m. with the baby in the vehicle. That was the last time she saw the infant, police said. The couple was arguing over parenting issues, Courtland said.

Phillips was arrested a few hours later at his parents' home, 280 Millerton, in Victory Township about five miles north of Scottville, without the baby in his care. He refuses to tell anyone what happened with the infant.

Authorities have searched a swampy, wooded area near the Victory Township home and all over the Ludington area, but haven't found anything significant to assist the investigation.

Many believe that by now the baby is deceased, although Phillips has told Courtland she is alive.

Anyone with information is asked to contact Mason-Oceana 911 at 231-869-5858.

Those wishing to provide information anonymously can call Silent Observer at 888-STOPCRIME (888-786-7274). Anonymous information can also be provided at HYPERLINK "[You must be registered and logged in to see this link.] [You must be registered and logged in to see this link.] or by texting “LSOTIP and your tip to 274637 (CRIMES).

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911 call made by Ariel Courtland, mother of missing 5-month-old Baby Kate from Ludington

Published: Tuesday, July 19, 2011, 9:29 AM
Updated: Tuesday, July 19, 2011, 10:21 AM

Heather Lynn Peters | The Muskegon Chronicle

LUDINGTON — A recording of a 911 call made by the mother of missing 5-month-old "Baby Kate" is making the rounds on local and national news channels.

The call from Ariel Courtland, 19, was made moments after Sean Michael Phillips, 21, the man believed to be the infant's father, allegedly drove away with her.

Katherine Shelbie-Elizabeth Phillips has been missing since June 29.

The “physical” search orchestrated by law enforcement officially ended following a search Saturday that didn't generate any new information that would lead investigators to the missing baby.

Phillips has been charged with kidnapping and is being held on $500,000 bond in the Mason County Jail. He has refused to cooperate with authorities about the whereabouts of the child. A preliminary examination is slated for Aug. 3.

Phillips is being represented Muskegon attorney Annette Smedley.

Courtland said she last saw Phillips when she was arguing with him in his car outside her apartment at 922 E. Tinkham, over the fact that Phillips wouldn't tell his parents that the baby is his.

The couple has a 3 1/2-year-old daughter, Haley.
Sean-Phillips.jpgSean Michael Phillips

Courtland alleges that Phillips tried to convince her to give Baby Kate up for adoption on June 29, and didn't want to get a paternity test that would prove to his parents, of Victory Township, near Scottville, that that he fathered the child.

Phillips was arrested a couple of hours after Courtland called 911 around 1 p.m. June 29 when Phillips drove off with the infant.

Phillips left with the infant after Courtland exited the vehicle to retrieve a stroller from her apartment. An Amber Alert was issued for the infant and Phillips was arrested at his parents' house without the child in his care. He refuses to tell authorities the whereabouts of the child, police have said.

Phillips, who was part of the U.S. National Guard, was set to deploy to Afghanistan in August.

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This reminds me of that Skeleton character in or near Toledo whose 3 boys are and have been missing and he sits in jail on a 3 million dollar bond.

MASON COUNTY — It appears the search for the missing 5-month-old Ludington baby girl who was allegedly abducted on June 29 has ended until something substantial would warrant another extensive search, an official said Monday.

In a press release issued Monday by the Ludington Police Department, Chief Mark A. Barnett said “there are no additional searches scheduled at this time” and said Saturday's search turned up nothing of significance that would help find missing Katherine Shelbie-Elizabeth Phillips.

Mason County Undersheriff Tom Trenner confirmed that the “physical searches” for the infant, known as Baby Kate, have ceased “until they get something substantial to warrant another one.”

“The case remains under investigation. We still have detectives on the case,” he said.

The search Saturday combed the area of Meyers Road near the railroad tracks and involved 13 emergency service personnel and volunteers, Barnett said in the release.

It will be three weeks Wednesday that the infant was last seen with the man believed to be her father, Sean Michael Phillips, 21, who has since been charged with kidnapping.

Phillips is currently lodged in the Mason County Jail, held on $500,000 bond, awaiting an Aug. 3 preliminary examination on the charge. He is being represented by a court-appointed attorney, Annette Smedley, of Muskegon.

The baby's mother, Ariel Courtland, 19, said she last saw Phillips when she was arguing with him in his car outside her apartment at 922 E. Tinkham, over the fact that Phillips wouldn't tell his parents that the baby is his.
HOW TO HELP

Anyone with information about Baby Kate's whereabouts is asked to contact Mason-Oceana 911 at 231-869-5858. Tips can be provided anonymously at Silent Observer, 1-888-STOPCRIME (888-786-7274). Anonymous information can also be provided at HYPERLINK "[You must be registered and logged in to see this link.] [You must be registered and logged in to see this link.] or by texting “LSOTIP and your tip to 274637 (CRIMES). A reward of $1,320 is being offered for information.

The couple has a 3 1/2-year-old daughter, Haley.

Courtland alleges that Phillips tried to convince her to give Baby Kate up for adoption on June 29, and didn't want to get a paternity test that would prove to his parents, of Victory Township, near Scottville, that that he fathered the child.

Phillips was arrested a couple of hours after Courtland called 911 around 1 p.m. June 29 when Phillips drove off with the infant.

Phillips left with the infant after Courtland exited the vehicle to retrieve a stroller from her apartment. An Amber Alert was issued for the infant and Phillips was arrested at his parents' house without the child in his care. He refuses to tell authorities the whereabouts of the child, police have said.

Phillips, who was part of the U.S. National Guard, was set to deploy to Afghanistan in August, Courtland said.

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OMG this baby has been missing for three weeks! I cannot imagine. And this man is allowed to sit in jail and not answer any questions to the whereabouts of this child because it would violate 'his' rights. What a crock. Never mind that the baby is in danger or worse. I don't understand our system.

I don't either and I am sick of it. Casey walked, both that Skeleton idiot with the three boys missing and this idiot have children missing and won't talk. They would rather stay in jail on huge bonds than pay their child support or whatever it is that keeps them from talking.

And, this guy is in the Coast Guard? Not anymore he isn't. And, they have another child, too?

There's a three year old. I've heard it's his and I heard once (I think on NG) that it was the the females daughter. I wish the media could get things straight.

IOW, it the 3 year old is not biologically his?

She is only 19!! That little one is 3-1/2. So, she was probably pregnant at 15. Dear God! What a mess these kids get themselves into! And, where are the parents?

And, he is 27 and nothing to write home about. I just don't understand. How many times are we going to hear that a "father" or "boyfriend" injured or killed a child? These mothers just don't get it!

Don't quote me on the three year old not being biologically his, I've heard it both ways.
You're so right, is is nothing to write home about!
He didn't want his parents to know about the baby! I've read that and I also heard that on NG. Can you imagine?
That's all I've read/heard about the parents. I don't know anything about her parents.
I just pray that baby is alive.

Little Kate looks exactly like him. Where is she?

I am thinking of that gal that took off with her son and won't tell anybody where he is. Her court date is coming up soon. Elizabeth Johnson. Never told and has been a guest of the taxpayers.

Put these losers on road crews in this heat and I bet they will sing a different song.

Sitting in jail eating three squares and snacking and watching tv all day. Geeeeez

jeanne1807 wrote: Put these losers on road crews in this heat and I bet they will sing a different song.

YES!!!!! I'm so sick of these people clamming up and not saying a word. We all know too many are getting away with it. They shouldn't be allowed to stay in jail, I agree, throw them on the chain gang, doing hard physical work in the heat that most of the nation is going thru' right now and nothing to eat except a peanut butter & jelly sandwich.

Ludington's Katherine Shelbie-Elizabeth Phillips has been missing one month today, mother devastated

Published: Friday, July 29, 2011, 2:49 PM
Updated: Friday, July 29, 2011, 2:57 PM
Heather Lynn Peters | The Muskegon Chronicle

LUDINGTON — One long, excruciating month has passed since Ariel Courtland has held, touched, kissed or rocked her newborn baby girl, last seen in the backseat of her estranged boyfriend's vehicle on June 29.

“I want my daughter back home safe and sound,” the 19-year-old Ludington mother said of her infant, Katherine Shelbie-Elizabeth Phillips.

“I want her home. I don't understand why it's taking so long to get her home. They have searched every place possible and still nothing.”

Sean Michael Phillips, 21, the man believed to be the infant's father, allegedly drove away with the infant around 1 p.m. on June 29.

Phillips has been charged with kidnapping and is being held on $500,000 bond in the Mason County Jail. He has refused to cooperate with authorities about the whereabouts of the child.

A preliminary examination is slated for Aug. 3. Phillips is being represented by Muskegon attorney Annette Smedley.

Courtland says during her jail visits with Phillips, he refuses to say what happened to the baby and authorities claim he has never given any indication of her whereabouts.

“We don't know anything,” Courtland said.

“I just want people to look at the case still and still be hopeful that she's still alive. She's not just another kid out there missing.”

Courtland said she last saw Phillips when she was arguing with him in his car outside her apartment at 922 E. Tinkham, over the fact that Phillips wouldn't tell his parents that the baby is his.

The couple has a 3 1/2-year-old daughter, Haley.
Sean-Phillips..

Courtland alleges that Phillips tried to convince her to give Baby Kate up for adoption on June 29, and didn't want to get a paternity test that would prove to his parents, of Victory Township, near Scottville, that he fathered the child.

Phillips was arrested a couple of hours after Courtland called 911 around 1 p.m. June 29 when Phillips drove off with the infant.

Phillips left with the infant after Courtland exited the vehicle to retrieve a stroller from her apartment. An Amber Alert was issued for the infant and Phillips was arrested at his parents' house without the child in his care. He refuses to tell authorities the whereabouts of the child, police have said.

Phillips, who was part of the U.S. National Guard, was set to deploy to Afghanistan in August.

Courtland said Phillips refused to take a polygraph test. She said she took one and passed. Authorities have never named Courtland as a suspect.

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I was listening to one of the shows...NG or JVM and an attorney on there said if he didn't kill the baby then his attorney would be advising him to tell where she is.

But....if he has done something bad to the baby they would tell him to say nothing.

They also say they have him on bread and water and sleeping on a bed rack with no mattress.

The silence is deading. Poor little baby girl!

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Missing Baby Kate Case: Sean Phillips back in court
by Kate Fox
Posted: 08.03.2011 at 10:36 PM

LUDINGTON -- The man accused of kidnapping 5-month-old Kate Phillips from her Ludington home was back in court Wednesday.

The accused kidnapper and believed father, Sean Phillips was ordered to stand trial, after investigators testified that the girl’s clothes were found in Sean Phillips’ pocket the day she went missing.

After hearing 4 witnesses, and more than 3 hours of testimony, the judge ordered him to stand trial on kidnapping charges.

7&4’s Kate Fox was in the courtroom and has the latest.

Sean Phillips entered the courtroom dressed in orange and wearing a bulletproof vest. He showed little emotion throughout the testimony.

The first to take the stand was his estranged girlfriend, and Baby Kate's Mother, 19-year-old Ariel Courtland.

She answered prosecutor’s questions about her relationship with Phillips and how he felt about Baby Kate.

Courtland tells the judge, "At first he wanted an abortion; after it was too late he wanted to do adoption. I didn't want that, he knew I didn't want to."

Courtland also testified that the day Kate went missing, she and Phillips were supposed to get DNA testing to determine if Phillips was the biological father.

The Defense argued Courtland wanted someone to adopt the baby and forced her to admit she had partially filled out adoption paperwork.

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LUDINGTON, Mich. (WZZM) - After three hours of testimony at a preliminary hearing, Sean Michael Phillips has been bound over for trial on kidnapping charges in the case of Baby Kate.

Phillips is charged with kidnapping charges Katherine Phillips, also known now as Baby Kate. Police believe she was last seen with him.

During the hearing, Kate's mother Ariel Courtland, testified that she had last seen the then four-month old in a car seat in Phillips car.

Police testified that during a pat-down of Phillips when he was taken into custody, police found the pink shorts and white top that Kate was last seen wearing. The clothing was balled up in Phillips' cargo shorts pocket. When repeatedly asked where Kate was, Phillips said "Ariel had it," referring to the missing baby, according to police.

Police also testified that Phillips was nervous and admitted not telling police everything he knew about the child's disappearance when they located him at his parents' house about four hours after Kate went missing.

Baby Kate disappeared in late June. Search crews were unable to find her in the Ludington area. The ground search was called off, but police are still collecting tips.

There's a $1,400 reward for information leading to Baby Kate's recovery.

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Baby Kate case: Phillips to stand trial
Sean Phillips allegedly kidnapped 4-month-old

Updated: Wednesday, 03 Aug 2011, 6:42 PM EDT
Published : Wednesday, 03 Aug 2011, 12:04 PM EDT

By Tony Tagliavia

LUDINGTON, Mich. (WOOD) - The man accused of kidnapping still missing 5-month-old "Baby Kate" from her Ludington home was ordered Wednesday to stand trial, after investigators testified that the girl's clothes were found in Sean Phillips' pocket the day she went misssing.

Phillips, who sat in court dressed in an orange jumpsuit and a bulletproof vest, will remain in jail, at least for now. Judge Peter Wadel continued the $500,000 bond keeping the defendant in custody.

With tears in her eyes, Katherine Phillips' mother, Ariel Courtland, testified that the clothes -- along with a diaper bag and a car seat found in Sean Phillips' car -- were indeed Kate's.

A Ludington police officer testified that he and a Mason County sheriff's deputy found the items on the day of the disappearance -- June 29 -- during their first in-person conversation with Phillips.

He was pacing, nervous, had a twitching muscle and maintained a boxing stance toward the officer, investigators testified.

Before the clothes were discovered, the investigators said Phillips told them the Kate was with Courtland, her mother. But he later told the Ludington officer that he was not telling the "whole truth," the officer and the sheriff's deputy both testified.

The lawyer representing Phillips honed in on the fact that her client had plenty of time to dispose of the clothes and other items if he felt he had something to hide.

Courtland testified earlier that Phillips wanted to abort the child -- and later repeatedly said the two should give Kate up for adoption.

The 19-year-old mother said Phillips again talked about putting Kate up for adoption on June 29, the day she went missing and the day the baby was set to take a test to determine if Phillips was the father.

The defense tried to argue that Courtland, too, wanted to have someone adopt the baby -- and forced her to admit she filled out at least portions of unsubmitted adoption paperwork.

When the prosecutor followed up, Courtland said Phillips threatened that she would never see her other daughter again if she didn't work toward an adoption.

Courtland admitted under cross-examination that she had told Phillips she and their other daughter missed him, but told prosecutors it was part of an effort to convince Phillips to tell her where Kate could be found.

No trial date was set Wednesday.

The Ludington/Scottville Area Chamber of Commerce has set up a reward fund in the case.

Anyone with information is asked to call Mason-Oceana 911 at 231.869.5858, or Silent Observer at 1.888.STOPCRIME (888-786-7274), going to [You must be registered and logged in to see this link.] or texting LSOTIP and your tip to 274637 (CRIMES).

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OMG, he had her clothes in his pants pocket!!! This "man" is a MONSTER!!!

Preliminary hearing testimony provides new details, no answers about missing Baby Kate, the 5-month-old Ludington baby

LUDINGTON — The mother of a Ludington baby missing since June 29 broke down on the witness stand Wednesday when asked to identify the clothing the 5-month-old was last seen wearing.
"I put them on her that morning," said 19-year-old Ariel Courtland, who wept while she testified during a preliminary hearing Wednesday in Mason County 79th District Court.
Clutching a tissue, Courtland was hesitant when asked to look inside the brown and pink diaper bag containing tiny infant diapers she had packed the morning Sean Michael Phillips, 21, drove off with Katherine Shelbie-Elizabeth Phillips.
Phillips now faces trial in Mason County 51st Circuit Court on a felony charge of kidnapping.
Authorities found the baby’s clothing, car seat and diaper bag with Phillips when he was taken into custody following Courtland’s 911 call.
Courtland said she tried to call Phillips as soon as she realized he had left with Baby Kate and wasn’t coming back.

“I called Sean a lot. He just wasn’t answering the phone. It was going to voicemail,” she said.
Police testified the infant’s clothes were found in Phillips’ pants pocket. The car seat and diaper bag were found in the trunk of his car, which was parked at his parents' Millerton Road home in Mason County.
At that point, Phillips was “cuffed” and arrested,” police testified.
Courtland told police that Phillips had left with the infant from the parking lot of her apartment complex, 922 E. Tinkham, when she briefly exited her vehicle to retrieve a stroller.
That was all part of lengthy testimony during Phillips’ preliminary examination before Judge Peter J. Wadel Wednesday in Mason County 79th District Court.
Bound over
At the end of the nearly four-hour hearing, Wadel bound Phillips over to Mason County 51st Circuit Court on one count of kidnapping a child under 14, a felony punishable up to life or any term of years. His bond of $500,000 cash or surety was continued, and he remains lodged at the Mason County Jail.
Annette Smedley, Phillips’ court-appointed attorney, asked for Phillips’ bond to be reduced to a $10,000, 10 percent bond, but that was denied by the judge. She waived circuit court arraignment.
Phillips has no serious crimes on his record, she said, and is a member of the U.S. armed forces. “He’s not a threat to the community. He’s not a flight risk,” Smedley told the judge.
However, Mason County Prosecutor Paul Spaniola said his record includes a drunken driving conviction, and the case regarding the missing infant is “very serious.”

Sean Michael Phillips, 21, left, with his attorney Annette Smedley, right, was bound over for trial after his preliminary examination Wednesday at the Mason County Courthouse. He is being held on $500,000 bond in the Mason County Jail. He is charged with kidnapping in the June 29 disappearance of his infant daughter, Katherine Shelbie-Elizabeth Phillips.
The courtroom was packed with the family of Phillips on one side, and Courtland’s family on the other.
Phillips appeared in an orange jumpsuit, wearing a bullet-proof vest and had his head completely shaven. He occasionally took notes and spoke to his attorney throughout the hearing. He often looked at Courtland while she testified and appeared calm, and showed little emotion.
While those in the courtroom hoped to learn of the whereabouts of Baby Kate, who would be 5 months old now, many said they left the proceedings with more questions than answers.
Adoption for mother, not an option
Perhaps the biggest bombshell Wednesday came when Courtland admitted she and Phillips had discussed many times, and at length, about giving the infant up for adoption.
However, despite adoption paperwork partially filled out by the young couple — discovered in Courtland’s apartment after the alleged abduction — she adamantly denied having gone through with it.
Courtland, questioned by Spaniola and Smedley, said in the weeks before the baby went missing, even up to the day, Phillips had urged her to give the child up for adoption. Courtland said in the end, it wasn’t what she wanted.
“I didn’t want to and he knew I didn’t want to,” Courtland said.
“Sean told me if I didn’t put Kate up for adoption, he was going to take Haley and she would never see her again.” Haley Phillips is the couple’s 3 1/2-year-old daughter.
However, Smedley pointed out a voicemail from Courtland to Phillips on the evening of June 28, hours before the infant went missing, in which Courtland asks Phillips if he would want to “take Kate” that night because “after tomorrow it will be too late.”

Courtland didn’t deny leaving that voice mail and reiterated that, in the end, she didn’t want to give the infant up for adoption.
Smedley also questioned Courtland about her alleged devotion to Phillips. Smedley said Courtland continues to accept collect calls from Phillips, visits Phillips at the jail and even brought Phillips socks and money.
Courtland explained during cross examination that she visits Phillips, even tells him she loves him, and is willing to say anything to get him to talk about what he did with “Kate.”
“I was trying to get on his good side,” she said.
When questioned by Spaniola about her kind words to Phillips, Courtland said she hoped he would “talk.”
“I was hoping if I said something along the lines of me caring about him, he would talk. I was trying my own tactic. I was saying anything I can possibly say,” Courtland said. “I’m still desperate.”
Spaniola then asked her, “Would you do anything to get her back?”
“Yes,” Courtland replied.

During Sean Michael Phillips' preliminary examination, Mason County Prosecutor Paul Spaniola holds up the clothes that were found in Phillips pants pocket when he was questioned on June 29. Police testified Phillips told them the clothes belonged to 5-month-old Katherine Shelbie-Elizabeth Phillips.
Testimony Wednesday also walked the court through the events of June 29, the last day Courtland saw her daughter.
Courtland said Phillips tried to convince her to give the baby up for adoption, and he didn’t want to get a paternity test that would prove to his parents, Larry and Kimberly Phillips of Victory Township, that that he fathered the child.
He allegedly had had his DNA test around noon that day at Memorial Medical Center in Ludington and an appointment to provide Baby Kate’s DNA was scheduled for 1 p.m.
Courtland testified that Phillips initially agreed to take them to the infant’s appointment in his vehicle, but instead took them to the Mason County Department of Human Services building in Ludington.
They argued there, and he eventually took her and the infant back to her apartment complex parking lot where she said she was going to get the baby’s stroller and walk the infant to the DNA test.
When she left the vehicle “for maybe three minutes,” and got the stroller from a storage unit, Courtland said Phillips had driven off with the infant.
She was left standing in the parking lot, holding the baby's pacifier, an officer testified.
Courtland called 911 shortly after from a friend’s phone because Courtland said her phone was still in Phillips’ vehicle when he left.
Ludington Police Department Officer Chad Skiba testified he was the first officer to have contact with Courtland following Courtland’s 911 call.

Sean Michael Phillips, 21, has been bound over to Mason County 51st Circuit Court on one charge of kidnapping in connection with the disappearance of Ludington 5-month-old Katherine Shelbie-Elizabeth Phillips.

After taking Courtland’s statement, Skiba later spoke to Phillips who returned a call that Skiba placed to him regarding the baby’s whereabouts.
Phillips told the officer he had been with Courtland that day, but the last “he had seen Katherine” was with Courtland, Skiba testified.
“Sean said they had driven to the (Department of Human Services) building and back to her apartment complex,” Skiba said. “They were going to have Katherine adopted out. Ariel didn’t want to adopt the child out.”
Skiba said he went back to talk to Courtland about his conversation with Phillips.
When Skiba told Courtland that Phillips was claiming she had the infant last, “she ran outside the front door (of her apartment) and threw up.”
Later that same day, other officers on the case felt they had sufficient reason to take Phillips into custody for additional questioning.
A nervous suspect
Ludington Police Officer Tony Kuster, who was on duty June 29, testified that he was asked to try and find Phillips after Courtland placed the 911 call, and eventually did so at his parents' home.
Kuster, accompanied by an assisting Mason County Sheriff’s Office deputy, said he observed Phillips standing outside is parents’ attached garage “pacing.” Kuster said when he asked Phillips if he knew where the infant was, Phillips referred to the infant as “it.”
“He said ‘it’ is with Ariel,” Kuster said.
During questioning around 3:45 p.m., Kuster said Phillips appeared extremely nervous and the deputy with him asked Phillips “to relax.”
Deputy Jordan Hartley said Phillips was "very, very nervous” and at one point assumed a “boxer stance” giving Hartley the impression Phillips might become confrontational.
“At that point, I asked him to relax and calm down and I was afraid he was going to hit (Kuster),” Hartley said.
Hartley said he then performed “a pat down” of Phillips and located Phillips’ cell phone and chewing tobacco and a “bulge in the right cargo pocket of his shorts.”
“I felt that. I asked him, ‘What’s this?’ He said, ‘It’s her clothes.’”
Phillips, who was part of the U.S. National Guard, was set to deploy to Afghanistan in August. He has continued his silence about what happened to the child.
Volunteers and authorities conducted dozens of searches, none of which turned up any information about the baby’s whereabouts, police have said. The investigation remains open, police said, and authorities are still hoping for new information from the public.
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That voice mail that Ariel Courtland left for Phillips bothers me. She asked him if he wanted to take the baby that night because after tomorrow it would be too late. Maybe they did give that baby up to someone and she's in on it too?

raine1953 wrote:That voice mail that Ariel Courtland left for Phillips bothers me. She asked him if he wanted to take the baby that night because after tomorrow it would be too late. Maybe they did give that baby up to someone and she's in on it too?

Bothers me too, that and the throwing up. We truly do live in a disposable society, and it seems to now include the children. :no:

laga wrote:

raine1953 wrote:That voice mail that Ariel Courtland left for Phillips bothers me. She asked him if he wanted to take the baby that night because after tomorrow it would be too late. Maybe they did give that baby up to someone and she's in on it too?

Bothers me too, that and the throwing up. We truly do live in a disposable society, and it seems to now include the children. :no:

I so wish I didn't agree with what you said Laga but I do.

Nothing learned about whereabouts of missing baby

Kevin Braciszeski - Daily News Staff Writer
Thursday, August 4, 2011

When missing baby Katherine “Kate” Phillips’ diaper bag, car seat and clothing were produced as evidence during Wednesday’s court proceedings in the kidnapping case against Kate’s alleged father Sean Phillips, her grandmother sobbed in Mason County’s crowded courtroom.

Kate’s mother, Ariel Courtland, also cried on the stand when she was called to identify the items.

During earlier testimony, Ariel said she last saw Kate in the car seat, which was in the back seat of Sean’s car, and last saw the diaper bag, which contained items including her wallet and diapers, about 1 p.m. Wednesday, June 29.

Ariel, 19, also testified that Kate was wearing the clothing entered as evidence when she last saw her daughter.

“I put them on her that morning,” Ariel said.

That clothing was discovered — inside out — in Sean’s pocket by police about 4 p.m. June 29. The clothing was a white top with black dots and pink accents and a pink diaper cover.

The baby’s diaper bag and car seat were found in the trunk of his car, according to testimony.

“She was inside of it when I left her in Sean’s car,” Ariel said about the car seat.

Also on Wednesday during Sean’s preliminary examination, Ludington police officer Tony Kuster testified that Sean told police June 29 that Ariel had Katherine, adding that Sean referred to the then 4-month-old baby as “it.”

“… (Sean) said Ariel had it,” Kuster testified, adding that Sean also said he wasn’t telling the whole truth.

Sean Phillips did not testify during the hearing, nor were any defense witnesses called.

The grandmother who sobbed was April Lange, Ariel’s mother.

Moving on to circuit court

After hearing Ariel’s testimony and testimony from Ludington police officers Kuster and Chad Skiba and Mason County Sheriff’s Office Sgt. Jody Hartley, 79th District Court Judge Peter Wadel found there was sufficient evidence, probable cause in a prelim, to bind Sean Phillips over to 51st Circuit Court for trial on a charge of kidnapping Kate.

Wadel set Aug. 9 as the date for Sean Phillips’ arraignment in circuit court, but Sean’s attorney, Annette Smedley, said her client would waive that arraignment and enter a not guilty plea.

Wadel also continued Sean’s bond at $500,000. Sean has not yet posted bail and remains in Mason County Jail.

Smedley had argued that bond should be lowered to $10,000, 10 percent

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I agree with you, Laga! I don't trust the mother. Who says something like that about their baby? I cry b.s.!!

Vigil for Baby Kate This Weekend
Posted On: 9/9/2011
A candlelight vigil is scheduled this weekend in Ludington for Katherine Phillips, who has been missing since June.

The vigil for Baby Kate will happen at 8:00 PM on Saturday at Waterfront Park in Ludington.

Organizers are asking those who will be attending to bring a candle and a lawn chair.

Kate was 4 and 1/2 months old when she was last seen on June 29 outside her mother's apartment.

Sean Phillips is currently in jail and charged with her kidnapping.

Phillips lawyer is working to have the criminal case against Phillips thrown out. A court date is scheduled for September 14 in Ludington.

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raine1953 wrote:OMG this baby has been missing for three weeks! I cannot imagine. And this man is allowed to sit in jail and not answer any questions to the whereabouts of this child because it would violate 'his' rights. What a crock. Never mind that the baby is in danger or worse. I don't understand our system.

Maybe if waterboarding was an available option for those who chose not to open up about where missing kids are, we'd get to the bottom of some cases like this. Jus sayin'. After all this time, the baby is dead and the father just sits in jail, a waste of time and space and oxygen. It's infuriating!!!!

HippyChick2 wrote:

raine1953 wrote:OMG this baby has been missing for three weeks! I cannot imagine. And this man is allowed to sit in jail and not answer any questions to the whereabouts of this child because it would violate 'his' rights. What a crock. Never mind that the baby is in danger or worse. I don't understand our system.

Maybe if waterboarding was an available option for those who chose not to open up about where missing kids are, we'd get to the bottom of some cases like this. Jus sayin'. After all this time, the baby is dead and the father just sits in jail, a waste of time and space and oxygen. It's infuriating!!!!

HippyChick this little babygirl is in heaven. I am sure the dad killed her. When they are guilty they don't speak. On advice of counsel.

So he sits with three hots and a cot at the taxpayers expense playing video games and showering and enjoying his life...such as it is.

Honestly, right now a Lynch Mob isn't looking too bad to me.

Something is surely wrong with our system.

Updated: Tuesday, 13 Sep 2011, 11:21 PM EDT
Published : Tuesday, 13 Sep 2011, 11:21 PM EDT

GRAND RAPIDS, Mich. (WOOD) - Three months after her disappearance, there has still been no sign of Baby Kate.

On Wednesday, the Ludington girl's father, Sean Phillips, will ask a judge to drop charges against him.

Sean Phillips' case centers around the fact that DNA proves he is the father of Katherine Phillips -- better known as Baby Kate.

Baby Kate disappeared on June 29. She was just four months old.

The little girl's mom says she and Sean Phillips were outside her apartment in Ludington when Phillips drove off, taking their daughter with him.

He was arrested a few hours later at his home. Kate was gone.

Sean Phillips is charged with kidnapping.

His attorney says he can't be charged with kidnapping because a Michigan law states that parents cannot be charged with kidnapping their own children.

Wednesday's hearing is at 1:30 p.m. at the Mason County Courthouse.

24 Hour News 8 will be at the courthouse on Wednesday. Check woodtv.com for information on the hearing.

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Published: Tuesday, September 13, 2011, 3:45 PM
By Heather Lynn Peters | The Muskegon Chronicle

LUDINGTON — The military unit in which Sean Michael Phillips is currently a member is preparing to deploy to Afghanistan, a state official confirmed Tuesday, as Phillips and his attorney prepare for a life-altering criminal court hearing set for Wednesday afternoon.

Phillips, a member of the Michigan Army National Guard's 125th Infantry Battalion based in Flint, is charged with kidnapping a child under the age of 14 in connection to the alleged abduction of his infant daughter, Katherine Shelbie-Elizabeth Phillips.

State Public Affairs Officer Capt. Aaron Jenkins said Phillips' military status will remain in limbo because he has been charged with a crime.

“If there are criminal charges pending, he will not be allowed to deploy. His battalion is preparing now to be deployed to Afghanistan,” Jenkins said.

The Ludington infant has been missing since June 29 and authorities have said she was last seen in the backseat of Phillips' vehicle. She was nearly 5 months old at the time.

Phillips is set to be back in Mason County Circuit Court at 1:30 p.m. Wednesday for a hearing that will determine whether the kidnapping charge fits the alleged crime for which he has been charged.

Phillips' attorney, Annette Smedley, recently filed a motion to dismiss the charge against her client, alleging that the charge doesn't fit the crime as he has been determined the infant's biological father via DNA test results.

Michigan's kidnapping law, under Section 350, states: "An adoptive or natural parent of the child shall not be charged with and convicted for a violation of this section." The charge carries a maximum penalty of imprisonment for life or any term of years.

Prosecutor Paul Spaniola recently filed a “responsive brief” challenging Smedley's motion and on Wednesday a judge will decide what if anything Phillips can be charged with in connection with the child's disappearance.

Spaniola has said the charge is still viable because at the time of the alleged abduction Phillips was not yet deemed the “natural parent.”

If the judge rules in favor of Smedley, however, Spaniola had said he will ask the judge to consider alternative charges he will present at the hearing.

Such charges could include parental kidnapping, which carries a penalty of a year and a day in jail, or possibly unlawful imprisonment, a 15-year felony, Spaniola said.

Other charges could be considered as well, he said.

Phillips already has served nearly 2 1/2 months in the Mason County Jail, where he has been lodged since the child's disappearance. Authorities say he has refused to tell anyone about the whereabouts of the baby.

Authorities caught up with Phillips at his parents' home in Mason County's Victory Township, near Scottville, the same day the infant went missing — a couple hours after the baby's mother, Ariel Courtland, called 911.

Authorities have ruled Courtland out as a suspect.

The baby's clothing was found in Phillips' pants pockets by authorities who questioned him outside his parents' home. Her car seat and diaper bag were found in the trunk of Phillips' vehicle, but he denied knowing what had happened to the baby, police said.

Courtland testified earlier this month at Phillips' preliminary examination that the couple had discussed giving the baby up for adoption, but in the end, she didn't want to do that, which angered Phillips.

The couple argued in the parking lot of her Ludington apartment complex about the baby, and when she went to retrieve a stroller from her apartment, Phillips drove off with the baby, and that's the last time she saw her, Courtland testified.
Phillips — already jointly raising the couple's 3 1/2-year-old daughter, Haley, and preparing to be deployed to Afghanistan in August — also didn't want to tell his parents about the new baby, Courtland said.

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Well, he's a dumbass because his parents know now!!!

He needs to come clean and tell where he put that babys body.

I wonder is he is still receiving checks from the Military while he enjoys his stay at the taxpayers expense.

A lynch mob doesn't look all that bad right now. We might mess up on a few but what the hell.

As it is now..we mess up on a few the other way.

Come see....come saw!

Father faces new charges in missing baby case
2:26 PM, Sep 14, 2011

Katherine Phillips (Courtesy: Michigan State Police)
LUDINGTON, Mich. (WZZM)-- The man charged in the kidnapping of a missing Ludington girl is now facing new charges.

Sean Phillips, 21, is accused of abducting baby Katherine Phillips outside her mother's Ludington apartment on June 29. At the time Phillips denied he was the child's father, but a paternity test proved he is.

Wednesday, a judge threw out the charge of kidnapping against Phillips. His attorney argued it did not apply since he is Kate's father. Phillips now faces new charges of parental kidnapping and unlawful imprisonment. The judge set his bond at $250,000.

Despite several searches in Mason County, there are few clues to baby Kate's whereabouts.

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LUDINGTON — It was a bitter-sweet day in Mason County 51st Circuit Court Wednesday for the family of Sean Michael Phillips, the alleged abductor of the baby girl from Ludington whose been missing since June.

Phillips, 21, no longer is facing life behind bars in connection with the missing infant Katherine Shelbie-Elizabeth Phillips, but could spend up to 15 years in prison if convicted of the more serious of two new charges filed against him at the Wednesday court hearing: Unlawful imprisonment.

Phillips was also charged with parental kidnapping, which carries a penalty of one year and one day in jail.

The initial kidnapping felony which Phillips had been charged with was dismissed by Mason County 51st Circuit Judge Richard I. Cooper after hearing arguments during a motion hearing involving Phillips' court-appointed attorney, Annette Smedley of Muskegon and Mason County Prosecutor Paul Spaniola. The two parties filed written motions, each arguing their own case, weeks ago.

After the 1 1/2-hour hearing, Cooper ultimately ruled in favor of Smedley's motion, which said the kidnapping charge didn't fit the alleged crime against her client.

DNA test results have proven that Phillips is the biological father of the baby who was reported missing by her mother, Ariel Courtland, on June 29. The infant was 5 months old at the time.

Based on the DNA test, Smedley argued that it is “legally impossible to convict" Phillips of kidnapping a child under the age of 14, and therefore the judge should dismiss the charge.

“It must be dismissed,” she said, citing Michigan law under Section 350, which states: "An adoptive or natural parent of the child shall not be charged with, and convicted for, a violation of this section." The charge carries a maximum penalty of life imprisonment or any term of years.

Spaniola argued that at the time of the alleged abduction, Phillips had not yet been proven to be the father and had denied any parental responsible for the child.

In that sense, he wasn't the "natural father," Spaniola argued.

“He denied that Katherine was his offspring. He denied it to his parents, he denied it to his friends and to his coworkers in the National Guard,” Spaniola told the judge before his ruling.

Spaniola said that “at the time of the taking” of the baby, Phillips didn't want to be named as the child's father until it worked in his favor.

“(Phillips) had no more status to this child, to Katherine, than I do, or that the court does. And now he comes before the court to say, 'Now I am the father and I guess I could see the child if I wanted to,'” Spaniola said.

Cooper ruled that because the infant is still missing and Phillips was last to have allegedly had her in his care, Spaniola could file the new charges.

The judge then set bond at $250,000 cash or surety. As of late Wednesday, Phillips remained lodged in the Mason County Jail. His entire bond would have to be posted in order for him to be released.

“There are serious issues that remain pending,” the judge said, justifying the high bond. Smedley had asked for the bond to be set much lower — as a $10,000 10-percent bond, which would have likely resulted in his bond being posted that day and Phillips being freed from jail.

An arraignment on the new charges is scheduled Tuesday.

Families in limbo
The rulings Wednesday doesn't change the fact that the child has been missing for more than 80 days, Spaniola pointed out.

An anxious and emotional Courtland sat in court with family members, some of whom wept when the judge ruled in favor of Smedley's motion.

Courtland and Phillips' family declined to comment for this story.

Authorities haven't released any new information about the case involving the missing infant and it appeared Wednesday that they were not any closer to locating her.

That was one argument Spaniola presented to Cooper when justifying the unlawful imprisonment charge. The charge is valid if a child is still in a location unknown to authorities, or essentially a “secret” location, Spaniola said.

“The location of Katherine Phillips, of Baby Kate, is still secret,” Spaniola told the judge.

Phillips has refused to tell authorities what happened to the child.

Still missing
Authorities haven't been able to locate the child despite expansive searches by authorities and volunteers in the Mason County area.

Authorities have said she was last seen in the backseat of Phillips' vehicle, in her car seat.

Phillips already has served nearly 2 1/2 months in the Mason County Jail, where he has been lodged since being arrested in connection with the child's disappearance. Authorities say he has refused to tell anyone the whereabouts of the baby.

Authorities caught up with Phillips at his parents' home in Mason County's Victory Township near Scottville the same day the infant went missing — a couple hours after the baby's mother, Ariel Courtland, called 911.

The kidnapping charge against Phillips was dismissed, but he now faces felony charges of unlawful imprisonment and parental kidnapping.

Authorities have ruled Courtland out as a suspect.

The baby's clothing was found in Phillips' pants pockets by authorities who questioned him outside his parents' home. Her car seat and diaper bag were found in the trunk of Phillips' vehicle, but he denied knowing what had happened to the baby, police said.

Courtland testified earlier this month at Phillips' preliminary examination that the couple had discussed giving the baby up for adoption, but in the end, she didn't want to do that, which angered Phillips.

The couple argued in the parking lot of her Ludington apartment complex about the baby, and when she went to retrieve a stroller from her apartment, Phillips drove off with the baby and that's the last time she saw her, Courtland testified.

Phillips — already jointly raising the couple's 3 1/2-year-old daughter, Haley, and preparing to be deployed to Afghanistan in August — also didn't want to tell his parents about the new baby, Courtland said.

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by jeanne1807 Today at 7:17

I wonder is he is still receiving checks from the Military while he enjoys his stay at the taxpayers expense.

I doubt it!!

Missing Baby Kate Update -- Anonymous Donation for Family
December 04, 2011 07:25 AM EST

Baby Kate vanished several months before Kansas City infant Lisa Irwin captivated America, and her case is still unsolved. Now, a new update has come up in the missing child's case in the form of an anonymous donation.

Sources are reporting that the family of missing baby Kate Phillips have received an anonymous donation of $6,000. Apparently the money is to be used toward finding the missing infant.

Kate went missing at the end of June when she was allegedly abducted by her own father. She was four-months old at the time, and hasn't been seen since. The most tragic part in all of this, aside from her not being found, is that her own father is refusing to cooperate with detectives. He remains in jail in connection with her kidnapping, since the mother claims he drove away with the child.

Family members are hopeful that the missing baby is alive and well somewhere, being taken care of by people who care about her. However, statistically speaking, this may not be the case. It's been reported that Sean Phillips did not want little Kate, and had tried to convince the child's mother to give her up for adoption several times. Could he have done something with the child because of this?

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Do you think this man gave, or sold, his baby to someone? I believe his main objective was to avoid paying child support. Whether his family was pressuring him about this or not, he's apparently afraid of something. Also, wouldn't he be due a court martial?

Great Questions..I would most def think he would at least get a dishonorable discharge.

As far as your other question, I don't know. But, it's food for thought. Wonder if they found a lot of money on him and are keeping it mum?

If his objective was just to get rid of the baby, he may have just given her away. I heard another instance last week of a couple trying to sell their baby for $25 at Walmart...

Trial for Father of Baby Kate Postponed.
Sean Phillips, the father and only suspect in the disappearance of Baby Kate Phillips, has had his trial postponed.

Jonathan Seely
FOX 17 Web Producer
7:48 p.m. EST, January 5, 2012

LUDINGTON, Mich—
Sean Phillips, the father and only suspect in the disappearance of Baby Kate Phillips, has had his trial postponed.

Phillips is charged with parental kidnapping and unlawful imprisonment in the case.

Police say Baby Kate was last seen in his car in Ludington on June 29, 2011. A number of searches have been conducted, but there's been no sign of the little girl.

Phillips was to go to trial on January 17, after he rejected a plea deal in the case.

That trial has now been postponed, though a reason for the delay has not been released. No new date has been set.

If convicted in the case, Phillips could get up to 15 years in prison

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ONLY 15 years? Where is Baby Kate????

New Trial Date Set for Father of Baby Kate

A new trial date has been set for Sean Phillips, the man accused of kidnapping his own daughter in June 2011.

Jonathan Seely
FOX 17 Web Producer
8:55 p.m. EST, January 12, 2012

LUDINGTON, Mich—
A new trial date has been set for Sean Phillips, the man accused of kidnapping his own daughter in June 2011.

Police say baby Katherine Phillips was last seen in Sean’s car in Ludington on June 29, and has not been seen since. A number of searches have been conducted, but no sign of the little girl has been found.

Phillips is charged with parental kidnapping and unlawful imprisonment in the case. Thursday a trial date was set for February 22.

If convicted, Phillips could get up to 15 years in prison.

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Trial adjourned in Baby Kate case
Sean Phillips charged in child's disappearance

Updated: Wednesday, 15 Feb 2012, 1:10 PM EST
Published : Wednesday, 15 Feb 2012, 1:10 PM EST

LUDINGTON, Mich. (WOOD) - The trial for Sean Michael Phillips in Ludington that was scheduled to begin later this month is being adjourned due a conflict with his attorney's schedule.

A new date hasn't been set.

Phillips is suspected of taking his daughter, Katherine Phillips, who was almost 5 months old when she disappeared in June 2011.

Her whereabouts are still not known. She was living with her mother, Ariel Courtland, at the time.

There is a reward totally more than $6,000 for information leading to her return.

Sean, 21, is in the Mason County Jail on a $500,000 bond. He was charged with unlawful imprisonment and parental kidnapping. He rejected a plea deal in October and could face up to 15 years behind bars if convicted.

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'Baby Kate' kidnapping trial of Sean Phillips in Ludington postponed again

Published: Wednesday, February 15, 2012, 2:08 PM Updated: Wednesday, February 15, 2012, 2:20 PM

The trial for Sean Michael Phillips, accused of kidnapping his still-missing infant daughter "Baby Kate" in Ludington, has been adjourned from Feb. 22.

No new date has been set for the trial.

Mason County Prosecutor Paul Spaniola announced the postponement Wednesday, attributing it to a conflict in the defense attorney's schedule.

Phillips, 21, of 280 W. Millerton, Victory Township, is charged with one count of unlawful imprisonment, punishable by up to 15 years in prison, and one count of parental kidnapping, punishable by up to a year and a day in jail.

Phillips has been lodged in the Mason County Jail since the day Katherine Shelbie-Elizabeth Phillips, then nearly 5 months, went missing June 29. He is being held in lieu of a $250,000 cash or surety bond. The infant is Phillips' biological child.

A previous kidnapping charge, a life felony, was dismissed earlier by a circuit court judge because Michigan law does not permit that charge against a parent.

Katherine Shelbie-Elizabeth Phillips, 4 months
Baby Kate's clothing was found in Phillips' pants pocket when authorities questioned him at his parents' home, hours after the infant's mother, Ariel Courtland, 19, called 911 to report her child missing. The infant's car seat and diaper bag were found in Phillips' vehicle trunk.
Earlier, the couple had been arguing in Phillips' vehicle with the baby in the back seat on June 29 in the parking lot of Courtland's Ludington apartment complex, police have said.

When Courtland briefly exited the vehicle to get a stroller from her apartment and then returned to the parking lot, Phillips drove off with the infant, police have said.
The couple had been involved in an ongoing disagreement about whether the baby should be given up for adoption, authorities have said. Phillips wanted to, Courtland didn't, she has testified.

Authorities have repeatedly said Courtland is not a suspect and she continues to cooperate with investigators in an effort to locate her daughter.

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Trial for Sean Phillips set for April 16-27 in Baby Kate case

KEVIN BRACISZESKI - DAILY NEWS STAFF WRITER
Thursday, March 1, 2012

Sean Phillips kidnapping trial to begin April 16
BY KEVIN BRACISZESKI

DAILY NEWS STAFF writer

Sean Phillips’ trial — on charges he kidnapped his still-missing daughter, Kate — is now scheduled for April 16 through April 27 in 51st Circuit Court.

He is charged with kidnapping his daughter, Katherine “Kate” Phillips, June 29, 2011.

Kate was 4 months old at the time and has not been seen since that day.

Sean Phillips’ trial was originally scheduled to begin Jan. 17 — but on Jan. 6 it was postponed and later rescheduled for Feb. 22. Then on Feb. 14 it was postponed again.

The postponements occurred after an appeal was filed with the Michigan Court of Appeals. That file is still partially or fully sealed, so the grounds for the appeal are not known.

The Michigan Court of Appeals denied the appeal Monday, allowing the trial date to be set.

Sean was arrested and originally faced charges of kidnapping/child enticement. Those charges were later reduced to charges of parental kidnapping and unlawful imprisonment after authorities learned, through paternity testing, he is Kate’s biological father.

He remains in jail with bond set at $250,000 cash or surety.

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5:18 PM, Apr 4, 2012

LUDINGTON, Mich. (WZZM) -- A Northern Michigan TV station is reporting two charges have been dropped against the father of Katherine Phillips.

According to the report from 9&10 News in Cadillac, charges of parental kidnapping and custodial interference were dropped Wednesday against Sean Phillips. He is still facing a charge of unlawful imprisonment.

Sean Phillips is scheduled to stand trial in Mason County on the remaining charge on April 16.

Phillips is accused of taking Baby Kate from the girl's mother in June 2011. The child was four months old at the time. Kate has not been seen since.

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WTH??????

7:39 PM, Apr 17, 2012

Written by
Bob Brenzing
Written by
Jessica Puchala

LUDINGTON, Mich. (WZZM) - Opening statements have been made and the prosecution called their first witness in Sean Phillips trial in the Baby Kate case.

Phillips is on trial for unlawful imprisonment in the case where Kate Phillips, who was 4 1/2 months old at the time, disappeared. She has not been found. Phillips is the biological father of Baby Kate.

The first witness called to the stand by the prosecution was Ariel Courtland, Baby's Kate's mother.

In opening statement, the prosecutor told the jury that Phillips was the last person to see Baby Kate and has been concealing her whereabouts from police. The defense says that there has been a "string of lies" involving police and other witnesses.

WZZM 13's Jon Mills was in court for Tuesday's proceedings. He reports Ariel Courtland testified her relationship with Sean Phillips was on-again and off-again.

We learned the day Baby Kate went missing she was supposed to have DNA tests conducted to confirm Sean Phillips was the father. However, according to Courtland, she and Phillips fought and missed their appointment at the hospital.

Courtland told jurors after that argument, she was getting a stroller from a storage area at her apartment when Phillips left with the infant in the back seat. That prompted a call to police and weeks of searching for the chid without success.

Courtland said during her pregnancy with Kate, Phillips was pressuring her to get an abortion. After Kate was born, Courtland says, that turned into efforts to give the baby up for adoption.

During cross-examination Phillip's attorney spent more than two hours going over dozens of text messages Courtland sent Phillips. In them, Courtland repeatedly asked for money from Phillips to get the procedure. At one point texting, "Why can't I come over there and get the money so we can get this over with?"

In the testimony, a voicemail was played where Courtland called Sean Phillips mother after Baby Kate's disappearance. In the message, Courtland says, ""Tell your dumb A** son to give me my daughter back. This is kidnapping. What is his deal?"

At 5:40 p.m. Tuesday the jury was sent home for the day. Testimony will resume on Wednesday at 9:30 a.m.

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Must See Video!!

Published: Friday, April 20, 2012, 5:52 PM Updated: Friday, April 20, 2012, 6:04 PM
By John S. Hausman | [You must be registered and logged in to see this link.]

LUDINGTON, MI – Friday was a dramatic day in the Baby Kate trial, marked by a bombshell jail note by defendant Sean Michael Phillips implying he gave the baby away and an emotional witness-stand walkout by the missing baby’s mom.

Mason County Prosecutor Paul Spaniola introduced the note mid-afternoon, displaying it on large-screen monitors in the courtroom.
This was the text of the note, found July 11, 2011, in a shirt pocket of Phillips’ jail uniform:

“I gave her to a guy, along with a list of families that are adopting (addresses). He was to take her to one and they would report that the baby was left on their doorstep but that they wish to keep it.
“Go on Parent Profiles.com and get contact info for families in the region.
“Hopefully the profile is still up.
“If not then I can find contact info I have when I get back.”

In her cross-examination of Mason County Sheriff’s Deputy John Long, who found the note and testified about it, defense attorney Annette Smedley of Muskegon focused on Sunday visitation at the jail. The note was found on a Monday.

Courtland had testified earlier that she visited Phillips in jail nearly every Sunday.

Smedley’s cross examination questions focused on the possibility that a visitor could hold up a notepad for an inmate to see through the visitation window.

The defense attorney’s apparent point: It was possible that Courtland held up a note to the window for Phillips to copy or memorize.

Smedley said in court that she had fought before trial to bar introduction of the note on the grounds of the Sixth Amendment right to a fair trial. Mason County 51st Circuit Judge Richard I. Cooper said he had rejected her motion to bar the note after a pretrial hearing, but he noted her objection and preserved it for the court record.

After the court day, Smedley told MLive.com that her objection focused on attorney-client privilege but did not elaborate.

Spaniola after court declined to comment on whether he believes the contents of the note are true.

The jail deputy was the week’s last witness. The trial day unexpectedly ended early after his testimony, around 3:45 p.m.

Ariel Courtland storms out of court Friday morning, April 20, at the Ludington trial of Sean Michael Phillips on a charge of unlawful imprisonment.
In the day’s earlier highlight, Courtland’s morning return to the witness stand was a moment of high drama – or low melodrama.
Spaniola recalled Courtland, the 20-year-mother of missing infant Katherine Shelbie-Elizabeth Phillips, to the stand at mid-morning. The purpose was to identify the clothing her 4 ½-month-old daughter was wearing when Courtland last saw her, clothes found in a pocket of the cargo pants Phillips was wearing.

When Courtland held the clothes up, she appeared to be overcome by emotion. Instead of answering, she got up and walked rapidly out of the courtroom.

The result: attorney uproar.
Smedley angrily denounced the walkout as staged, “theatrical stuff.”

“It was planned for the media and the jury!" she protested to the judge. "It was wrong!"

Smedley pointed out that Courtland had handled the same clothing at Phillips’ preliminary examination last August and not reacted emotionally.

Spaniola just as heatedly responded: "To say this was theatrics ... staged by the prosecutor is absolute falsehood.”

In the end, Smedley did not request a mistrial because Phillips didn’t want one. Mason County 51st Circuit Judge Richard I. Cooper said he wouldn’t grant one anyway. He directed the court record to reflect that Courtland gave an “almost angry look to the prosecutor” and walked out.

A few minutes later Courtland returned to court and identified Baby Kate’s clothes, this time with Spaniola holding them up from behind the prosecution table.

A further controversy over Courtland followed.
After her prosecution testimony ended, Smedley wanted her to continue to be barred from the courtroom audience – as she had been before Friday -- because Smedley said she intends to call Courtland as a defense witness later. Spaniola argued that Courtland had a right to be a present as a victim in the case.

Cooper ruled in the prosecution’s favor and Courtland was allowed to re-enter the courtroom as a spectator.

In a later potential mistrial moment, jail deputy Long inadvertently told jurors that Phillips is still a prisoner. That’s something jurors aren’t supposed to know to avoid prejudicing them against defendants.

But, again, Phillips declined to move for a mistrial. Again, Cooper said he wouldn’t have granted such a motion anyway.

Phillips, 22, of Mason County’s Victory Township, is charged with unlawful imprisonment, a 15-year felony. He is accused of taking Baby Kate without authorization from her mother shortly after 1 p.m. June 29, 2011, and keeping the baby’s whereabouts secret.

The infant has never been seen since. Numerous searches of the Mason County area haven't turned up a body or any evidence that would indicate she was given away.

Also testifying Friday morning was Mason County Sheriff’s Sgt. Jody Hartley. Hartley was one of two officers who confronted Phillips around 4 p.m. June 29 at his parents’ home on Millerton Road.

Hartley corroborated Ludington Police Officer Tony Kuster’s account of finding the baby’s clothes in the cargo pocket of Phillips’ khaki shorts, then – after handcuffing Phillips and placing him in a patrol car – finding a baby’s carseat and a diaper bag in the trunk of Phillips’ car.

Hartley added this detail of Phillips’ behavior when Kuster questioned him: “He was extremely nervous. He was standing in a boxer stance facing Officer Kuster. His hands were clenching and unclenching…

“I said, ‘Watch your stance,’” Hartley said. “It looked like he was going to punch Officer Kuster."

On cross-examination, Smedley stood extremely close to Hartley – at most three feet from his face – and, to her question, Hartley acknowledged that’s how close Kuster was standing to Phillips.

Hartley agreed that it was close enough to be uncomfortable.

Hartley also said Phillips, confronted by Kuster, agreed with the officer: "’You're right, I'm not telling the whole truth.’" Phillips didn't elaborate, Hartley said.

Heather Fricke, a phlebotomist at Memorial Medical Center in Ludington, testified that Phillips, Courtland and the baby all had appointments June 29 to have DNA cheek swabs drawn: Phillips at noon, the other two at 1 p.m.

She said Courtland called her three times that day about the appointments. The third time – after 1 p.m., to say she couldn’t make it – Courtland sounded “frantic,” Fricke said.

Testimony in the trial will continue at 9:30 a.m. Monday.

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