MASON COUNTY, MI (WHTC) – First-degree murder charges will no longer an option for jurors to consider in the murder trial of Sean Phillips for the presumed death of his four-month-old daughter in 2011.
Judge Peter Wadel dropped that charge yesterday because he doesn’t believe the facts of the case indicate Phillips intended to kill Katherine Phillips, who has become known as “Baby Kate.”
The judge yesterday entered a directed verdict of acquittal on first degree premeditated murder, leaving parole as an option if there is a conviction on lesser charges.
Judge Peter Wadel has been with this case since the beginning, once dismissing the charges because Baby Kate’s body was never found. It took a State Supreme Court ruling to reinstate the charges.
The prosecutor even tried to get Judge Wadel tossed off the case. He has survived that challenge to the State Court Administrator’s office. The prosecutor argued he had a conflict and should recuse himself because of his prior involvement in the case.
The trial is in its third week in Ludington.
– John McNeill contributed to this report.
