LUDINGTON, Mich., (April 4, 2014)–Day two of Sean Phillips’ preliminary hearing wrapped Friday but the judge didn’t make a decision on if there was enough evidence to send the case to trial. Instead, he adjourned the case for three months. Phillips is charged with open murder, accused of killing his infant daughter Katherine Phillips, known as ‘Baby Kate’ in 2011.
The defense asked for time to review and do their own analysis of that alleged confession letter written by Phillips from prison.
The defense wants to find their own handwriting expert and asked the judge for three months. While the judge granted that time he did say a status conference hearing would be held between that time.
This comes on the same day the prosecution introduced a new witness to the case. While much of the testimony during the preliminary hearing has been heard in Phillips’ previous trial of unlawful imprisonment, Rushaun DeMario Burton’s testimony has never been heard before.
Burton is currently serving 2-6 years in prison for delivery of a controlled substance/manufacture of marijuana. He says he was promised nothing and is getting nothing for his testimony but felt he needed to do the “right thing.”
Burton says he got to know Phillips at the Carson City Correctional Facility after meeting him in the chow hall last July. He says one day they got to talking about wives leaving their husbands and taking all their money, a conversation he claims that led to more.
Burton testified that Phillips told him “he picked up the baby and got rid of the baby,” he went out say Phillips told him he can’t be charged because they won’t find the baby.
Burton says Phillips wouldn’t give him any more details than that. Burton says it was once he got to the Macomb Correctional Facility a few months after that alleged conversation when he wrote a letter to the Michigan Attorney General’s office about what Sean apparently told him.
He said it was weighing on his mind and he was thinking about his own daughters and family. The defense was quick to point out Burton’s past including a conviction of conspiracy to commit armed robbery.
Burton is past his first release date, he says he went to a parole board in February but hasn’t heard back.