04-17-2012, 01:30 PM
The trial for Sean Phillips started today:
Ludlington Daily News - The 14 members of the jury for Sean Phillips’ unlawful imprisonment charge were seated by 5 p.m. Monday and the trial began with opening arguments this morning.
Sean Phillips, 22, of Victory Township is charged with secretly confining his daughter Katherine “Kate” Shelbie-Elizabeth Phillips of Ludington, who disappeared June 29, 2011.
She was 4 and a half months old when she disappeared and was reported missing by her mother, Ariel Courtland.
Ariel has testified she left Kate in her car seat behind the driver’s seat of Sean’s 1998 silver Oldsmobile Intrigue with Sean at the wheel. She said she left for a couple of minutes for something inside her apartment complex and Sean, his car — and Kate — were gone when she came back.
Police have testified that Sean said “Ariel had ‘it’” when asked where Kate was on the day of her disappearance. Police also testified Sean said he wasn’t telling the whole truth.
When police found Sean — about three hours after Kate was reported missing — they also found Kate’s car seat and diaper bag in his car’s trunk and found baby clothing in his pocket, clothing Ariel had said she put on the baby the day she disappeared.
Sean is now facing a charge of unlawful imprisonment in connection with Kate’s disappearance, a crime if the prosecution can prove beyond a reasonable doubt that the restrained person was secretly confined. Secretly confined can mean either keeping the confinement of a restrained person a secret, or keeping the location of a restrained person a secret.
A conviction on the charge carries a penalty of up to 15 years in prison.
Sean has remained locked up in the Mason County Jail since June 29. His bond is $250,000.
On Monday, Sean wore a gray button-down shirt, striped tie and light tan slacks in the courtroom. During past appearances he had worn an orange jail outfit, a bulletproof vest and wrist and ankle chains.
Jury selection
The Mason County Courthouse was packed Monday after more than 80 people were called in for the jury selection process.
51st Circuit Court Judge Richard Cooper started the process by talking to the potential jurors.
Cooper explained the prosecution must prove each element of his case beyond a reasonable doubt to secure a guilty verdict and explained that the defense does not have to prove anything.
It was also explained to the potential jurors that Sean Phillips is innocent unless proven guilty.
Among the questions Cooper asked were:
• were any potential jurors 70 or older who wanted to be excused?
• did they understand English?
• did they have knowledge of the case other than what they learned in the local media?
• would a 10-day trial pose insurmountable problems for them?
• did they have a problem with the prosecutor?
• did they have a problem with the defense attorney?
Cooper also had many potential witnesses introduce themselves to the potential jurors and then asked if the jurors had any problems with the witnesses.
Those witnesses — who number about 50 — include many police officers from the Ludington Police Department, Mason County Sheriff’s Office, Michigan State Police, and FBI; as well as friends and family members of both Ariel Courtland and Sean Phillips.
Defense attorney Annette Smedley also introduced two potential witnesses Monday, Ken Wilson and Aaron Salisbury.
Prosecution questions/remarks
Mason County Prosecutor Paul Spaniola asked the potential jurors many questions Monday, including:
• how do they feel about sitting in judgment of a fellow citizen?
• had they heard about the case through the media?
• if the judge asked them to wipe that information from their mind, could they do that?
• were they ever crime victims?
• had they ever served on juries?
• had they ever served in the military and would Sean’s involvement with the U.S. Army National Guard make any difference to them? did they participate in any search for Kate or attend any vigil for the missing baby?
• do they have cell phones or GPS units and do they understand how GPS can be used to track people’s cell phones?
• do they understand what reasonable doubt is?
Spaniola also asked if they have feelings about a case involving children born out of wedlock and if they had ever been involved with paternity testing and custody disputes, because those would be parts of the testimony.
He asked the jurors and potential jurors if they thought the circumstances of the case made it less of a case because the parties involved knew each other.
Defense questions/remarks
Smedley asked potential jurors what clubs they belong to and what magazines they read.
She also reiterated that the defense does not have to call witnesses or say anything — that it is up to the prosecutor to prove guilt beyond a reasonable doubt and that Sean is innocent until proven guilty. To do that, the prosecutor needs to prove every element of his charge is true.
Smedley compared the prosecutor’s job to building a bicycle chain that needs several parts. She said if there is a missing link the verdict must be not guilty.
In the case of unlawful imprisonment, according to the Michigan Penal Code, it requires that a person commits the crime “if he or she knowingly restrains another person under any of the following circumstances: the person is restrained by means of a weapon or dangerous instrument; the restrained person was secretly confined; or the person was restrained to facilitate the commission of another felony or to facilitate flight after the commission of another felony.”
Smedley also asked the jurors if they felt it was easier for people to remember the truth or to remember a lie.
Some of the jurors’ responses were varied, with some saying it is easier to remember the truth, others saying it is easier to remember a lie, and with at least one man saying it’s about the same.
More at link: http://www.ludingtondailynews.com/news/6...wsgroup_id=
![[Image: katherine-phillips.png]](http://www.michellesigona.com/wp-content/uploads/2011/06/katherine-phillips.png)
Ludlington Daily News - The 14 members of the jury for Sean Phillips’ unlawful imprisonment charge were seated by 5 p.m. Monday and the trial began with opening arguments this morning.
Sean Phillips, 22, of Victory Township is charged with secretly confining his daughter Katherine “Kate” Shelbie-Elizabeth Phillips of Ludington, who disappeared June 29, 2011.
She was 4 and a half months old when she disappeared and was reported missing by her mother, Ariel Courtland.
Ariel has testified she left Kate in her car seat behind the driver’s seat of Sean’s 1998 silver Oldsmobile Intrigue with Sean at the wheel. She said she left for a couple of minutes for something inside her apartment complex and Sean, his car — and Kate — were gone when she came back.
Police have testified that Sean said “Ariel had ‘it’” when asked where Kate was on the day of her disappearance. Police also testified Sean said he wasn’t telling the whole truth.
When police found Sean — about three hours after Kate was reported missing — they also found Kate’s car seat and diaper bag in his car’s trunk and found baby clothing in his pocket, clothing Ariel had said she put on the baby the day she disappeared.
Sean is now facing a charge of unlawful imprisonment in connection with Kate’s disappearance, a crime if the prosecution can prove beyond a reasonable doubt that the restrained person was secretly confined. Secretly confined can mean either keeping the confinement of a restrained person a secret, or keeping the location of a restrained person a secret.
A conviction on the charge carries a penalty of up to 15 years in prison.
Sean has remained locked up in the Mason County Jail since June 29. His bond is $250,000.
On Monday, Sean wore a gray button-down shirt, striped tie and light tan slacks in the courtroom. During past appearances he had worn an orange jail outfit, a bulletproof vest and wrist and ankle chains.
Jury selection
The Mason County Courthouse was packed Monday after more than 80 people were called in for the jury selection process.
51st Circuit Court Judge Richard Cooper started the process by talking to the potential jurors.
Cooper explained the prosecution must prove each element of his case beyond a reasonable doubt to secure a guilty verdict and explained that the defense does not have to prove anything.
It was also explained to the potential jurors that Sean Phillips is innocent unless proven guilty.
Among the questions Cooper asked were:
• were any potential jurors 70 or older who wanted to be excused?
• did they understand English?
• did they have knowledge of the case other than what they learned in the local media?
• would a 10-day trial pose insurmountable problems for them?
• did they have a problem with the prosecutor?
• did they have a problem with the defense attorney?
Cooper also had many potential witnesses introduce themselves to the potential jurors and then asked if the jurors had any problems with the witnesses.
Those witnesses — who number about 50 — include many police officers from the Ludington Police Department, Mason County Sheriff’s Office, Michigan State Police, and FBI; as well as friends and family members of both Ariel Courtland and Sean Phillips.
Defense attorney Annette Smedley also introduced two potential witnesses Monday, Ken Wilson and Aaron Salisbury.
Prosecution questions/remarks
Mason County Prosecutor Paul Spaniola asked the potential jurors many questions Monday, including:
• how do they feel about sitting in judgment of a fellow citizen?
• had they heard about the case through the media?
• if the judge asked them to wipe that information from their mind, could they do that?
• were they ever crime victims?
• had they ever served on juries?
• had they ever served in the military and would Sean’s involvement with the U.S. Army National Guard make any difference to them? did they participate in any search for Kate or attend any vigil for the missing baby?
• do they have cell phones or GPS units and do they understand how GPS can be used to track people’s cell phones?
• do they understand what reasonable doubt is?
Spaniola also asked if they have feelings about a case involving children born out of wedlock and if they had ever been involved with paternity testing and custody disputes, because those would be parts of the testimony.
He asked the jurors and potential jurors if they thought the circumstances of the case made it less of a case because the parties involved knew each other.
Defense questions/remarks
Smedley asked potential jurors what clubs they belong to and what magazines they read.
She also reiterated that the defense does not have to call witnesses or say anything — that it is up to the prosecutor to prove guilt beyond a reasonable doubt and that Sean is innocent until proven guilty. To do that, the prosecutor needs to prove every element of his charge is true.
Smedley compared the prosecutor’s job to building a bicycle chain that needs several parts. She said if there is a missing link the verdict must be not guilty.
In the case of unlawful imprisonment, according to the Michigan Penal Code, it requires that a person commits the crime “if he or she knowingly restrains another person under any of the following circumstances: the person is restrained by means of a weapon or dangerous instrument; the restrained person was secretly confined; or the person was restrained to facilitate the commission of another felony or to facilitate flight after the commission of another felony.”
Smedley also asked the jurors if they felt it was easier for people to remember the truth or to remember a lie.
Some of the jurors’ responses were varied, with some saying it is easier to remember the truth, others saying it is easier to remember a lie, and with at least one man saying it’s about the same.
More at link: http://www.ludingtondailynews.com/news/6...wsgroup_id=
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