Murder charges against Sean Phillips, the man previously accused in the death of his baby, Katherine (known throughout the investigation as "Baby Kate"), have been dismissed.

79th District Court Judge Peter J. Wadel dismissed the charge on Monday, stating that the prosecution has not been able to prove that Baby Kate was actually murdered.

Baby Kate (Photo courtesy of WZZM-13)
Baby Kate (Photo courtesy of WZZM-13)

Judge Wadel's official ruling reads in part as follows:

This case is about an infant who has been missing now for over three years, The baby cannot be found despite the diligent efforts of law enforcement. A baby is not deceased merely because she is missing, especially since the Defendant indicated that he gave her away for private, non-legal, adoption. The only proofs presented that the baby is dead comes from Defendant's letter to Ariel Courtland. When used to establish that the baby is dead, the letter then becomes the source for how the baby died, by accident and not by criminal agency.

The prosecution has failed to show that the crime of open murder has been committed because the proofs failed to show death by a criminal act of Defendant. This case is dismissed.

The baby’s body has never been found. She went missing in June of 2011. During the initial investigation, authorities found the clothing the four-month-old was last seen wearing at Sean Phillips' house.

Phillips is currently serving a 10 to 15-year sentence after being convicted of unlawful imprisonment related to the Baby Kate case. The earliest that he can be released from prison is in June 2021.

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