Police: Baby Kate case now a homicide

LUDINGTON, Mich. (WOOD) - Authorities are now calling the disappearance if a Ludington baby 10 months ago a homicide.

The Tuesday announcement came only minutes after baby Katherine Phillips's father was sentenced following his unlawful imprisonment conviction in the case.

Sean Phillips was sentenced to between 10 and 15 years in prison.

Baby Kate was 4 1/2 months old when she was last seen in June 2011 outside the home where she lived with her mother Ariel Courtland. Despite extensive searches, she was never found.

Phillips was convicted April 27 of the unlawful imprisonment of his daughter.

== Photos: The trial of Sean Phillips ==

An official statement from involved law enforcement agencies released shortly after the sentencing stated that they are "officially transitioning to a homicide investigation."

This is the first time law enforcement has officially said they believe Baby Kate is dead.

It said investigators "are convinced" that Phillips knows where Kate's body is.

The statement said that speculation that Kate was given to someone else "is not supported by the evidence." It also said that speculation that Courtland was involved in the disappearance is not supported by the evidence.

The family of Baby Kate said that though authorities are now treating the case as a homicide, they haven't given up hope.

"Until we find a body, I'm still going to hold hope," said Courtland's mother April Lange. "I still always will. Until we find Kate, until we know, until somebody speaks and says what happened that day, I'll always have hope."

Before the sentencing, Phillips's defense attorney Annette Smedley told 24 Hour News 8 the sentencing guidelines called for between 19 and 38 months in prison.

Mason County Prosecutor Paul Spaniola recommended a minimum sentence of 10 years, well above the sentencing guidelines.

Spaniola described this case as a "worst-case scenario" for unlawful imprisonment. He urged the judge to go above sentencing guidelines because Baby Kate "is the most vulnerable victim imaginable."

But Smedley said that calling for a sentence above the guidelines was "outrageous."

"There is no substantial and compelling reasons" to depart from the sentencing guidelines, Smedley said.

"He did nothing but cooperate in this case," said Smedley . "Seven years above the guidelines ... is too much."

She said the this was "not a one-of-a-kind case" and that Phillips will "continue his fight" against the charges.

Smedley also objected to Phillips being denied contact with his other daughter by Courtland.
 
"I'm kind of appalled that the probation department would recommend that he has ... no contact with his daughter," said Smedley. "He's asking you to ruin this child's life."

"She goes every Sunday to see her father (in jail)," Smedley added.

Courtland declined to make any verbal remarks to the court prior to the sentencing, but provided a written statement to the judge. She spent more than a day and a half on the stand during Phillips's trial as the defense tried to poke holes in her account of the day Kate disappeared.

When asked by judge if he'd like to make a statement, Phillips replied, "No, your honor."

"We're still entirely open ended as to what has happened to Baby Kate," said Judge Richard Cooper. "What we have here is still a worst-case scenario in the sense that we don't know where Katherine is."

"This case has a component of circumstantial evidence that is very, very strong," Cooper went on to say.

Cooper said letters have expressed the notion that the "wrong person" is on trial. But he said that if the defense believes Ariel took Kate, it has "a gap in logic."

He pointed out the fact that Phillips didn't explain why he had Baby Kate's clothing on the day of her disappearance after his conviction.

Phillips's parents sat behind him during the proceedings.

"The Phillips family is a quality family," Cooper said.

He then sentenced Sean Phillips to at least 10 years in prison. Phillips will receive credit for time served.

The judge justified the sentencing by pointing out the extraordinary nature of the case and Kate's inability to defend herself.

Phillips's mother Kim began to cry as the sentence was read.

But April Lange said she was glad that Phillips got the maximum sentence.

"I'm excited. I'm ecstatic," she said after the sentencing.

Following the statement from law enforcement, Spaniola told 24 Hour News 8 that homicide charges are a long way away.

"Law enforcement has to consider this as a worst-cast situation," said Spaniola. "She hasn't been found yet. Is she possibly dead? She possibly is."

Smedley was skeptical.

"They haven't found anything. They haven't charged my client with homicide and I don't see a charge coming in the future," said Smedley.

==Watch above: Closure won't come for Ludington community until Baby Kate is found==