Arguments, reprimand at Baby Kate trial

LUDINGTON, Mich. (WOOD) - Tensions continued to mount on the third day of the trial of Sean Phillips, accused in the disappearance of his 4-month-old daughter Katherine.

Day 3 of the Baby Kate trial started off shakily after a reprimand by the judge following the discovery of a photo of the jury that was posted to Facebook by a member of the public.

The court has now been prompted to ban all picture-taking devices except those belonging to media.

"Why the person did it: That's an unknown thing ... it is clearly irresponsible," said Judge Richard Cooper.

One juror asked to be excused because of posting:

"I was feeling the pressure already. This just kinda pushes me over," said the juror regarding the jury photo.

But Judge Cooper said he would not excuse the juror yet.

Later in the day, the source of the Facebook juror picture was found to be completely "inadvertent" and has been removed. The concerned juror was not in the picture.

Ariel Courtland, Baby Kate's mother, finished a day-and-a-half on the witnesses stand, which included intense scrutiny by defense attorney Annette Smedley.

Courtland's first 911 call was played in court. The defense accused her of lying about whether she 'walked' or 'jogged' to Campbell's house to call 911.

"We were in a panic trying to find my daughter," said Courtland describing the day Baby Kate went missing.

Courtland said she thought Phillips loved Baby Kate. "He said 'I love her because she's mine,'" said Courtland.

"I don't love Sean like that any more," said Courtland. "I love him because he's the father of my children."

After Smedley finished her questioning of Courtland, the prosecution was able to question Courtland in redirect.

Courtland then told the courtroom that Phillips "didn't want Kate and made it obvious."

Courtland also said that she was persistent about adoption in her texts because if she didn't pretend to want an adoption, she wouldn't be able to see her other daughter.

She later testified that she and Phillips went on a trip to give Kate up for adoption, but she couldn't go through with it.

The defense quoted Courtland as saying: "I can tell them that we picked a family to give her to..." during a visit with Phillips in jail.

Courtland defended herself about the conversation saying that she was willing to take the fall if Phillips would tell her where baby Kate is.

"I would die for her, that she could be with us today," said Courtland.

Regarding her feelings about Phillips, Courtland said she no longer has romantic feelings for him, though she has visited him often in jail:

Tensions escalated throughout the day. During a courtroom break Wednesday afternoon, the prosecutor and defense attorney were heard arguing:

"As an officer of the court, do not challenge my credibility!" Mason County Prosecutor Paul Spaniola shouted to Smedley before he stormed out of the courtroom.

It was not clear what the argument was about though during the questioning before the debate Smedley seemed to be inquiring about whether or not Courtland had been coached by the prosecutor.

The second witness called to the stand was Alaina Campbell, a friend of Courtland who lived in the same complex as Courtland when Baby Kate disappeared. Courtland testified she called 911 from Campbell's house.

Campbell said that Courtland was a "great mom," but wasn't on the stand for long.

Mason/Oceana County dispatcher Kristine Kokx then testified about the 911 calls.

First responder Chad Skiba, who is no longer with the Ludington Police Department, also testified.

Court broke for the day around 5 p.m.

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Phillips, 22, is facing 15 years in prison on charges he unlawfully imprisoned the girl who came to be known as Baby Kate. She has not been seen since the afternoon of June 29, 2011 in Ludington.

Courtland, the first witness in the trial, testified for hours about her relationship with Phillips, Baby Kate and the events before and after the baby disappeared.

She was so bothered by the questions from defense attorney Annette Smedley she asked for and was granted a recess late Tuesday afternoon.

The trial is expected to last up to two weeks with Mason County Judge Richard Cooper presiding. Jurors will be allowed to ask the witnesses questions that have been screened by the judge during the trial.

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