Motion to drop charges in missing baby case
LUDINGTON -- It is a case that has left investigators stumped.
It's been almost two months since baby Katherine Phillips went missing from her Ludington home, now lawyers for the man accused of kidnapping her claim they have grounds to have the charges against him dropped.
7&4's Lauren Amstutz was in Ludington on Wednesday and has the latest on the investigation.
Baby Kate signs are still on store fronts and Ludington Police Chief Mark Barnett is still searching for answers. Katherine Phillips disappeared on June 29th when police say Sean Michael Phillips drove off with her in front of the Birch Lake Apartments. Police say they found her clothes in Phillip's pocket, but couldn't locate the infant.
Chief Barnett says, "Tips have continued to come in, but the flow is just not what it initIally was. Detective are following up so they continue to work it from that standpoint."
Chief Barnett says his police officers work on the case everyday, he says it's one of the most frustrating investigations they've ever been involved with.
Chief Barnett says, "This is not a who-done-it case. We have a suspect who's been charged with a crime, its my feeling that there is one person who knows where baby Kate is and they're just choosing not to say. Its frustrating from that standpoint."
Phillips has been charged with Kidnapping, a felony punishable by up to life in prison. This week his attorney filed a motion to dismiss all charges. Published reports say DNA test results reveal Phillips is the father of Baby Kate, and under state law biological parents cannot be charged or convicted of Kidnapping.
While the case plays out in court, the Ludington Police Department says their main priority is to bring the baby home.
The motion for dismissal is set for September 14th in Mason County Circuit Court. If approved, Phillips can still face other charges like Parental Kidnapping which carries a lesser punishable.
