LUDINGTON, Mich. (WOOD) — Mason County Judge Peter Wadel can hear the trial of Sean Phillips for the murder of his infant daughter Katherine.
Monday, Judge Scott Hill-Kennedy of Mecosta County denied a motion filed by the state Attorney General’s Office and the Mason County Prosecutor’s Office seeking Wadel’s disqualification.
Noting almost a dozen examples of law and court rules that state that removing a judge from a case should be an extreme step only used in extraordinary situations, 49th Circuit Court Judge Scott Hill-Kennedy ruled that Judge Peter Wadel can remain on the Sean Phillips murder case in 51st Circuit Court, where Hill-Kennedy served as a visiting judge on Monday.
Hill-Kennedy was appointed by the State Court Administrator’s Office to hear a motion to disqualify Wadel filed by Michigan Assistant Attorney General Donna Pendergast.
Interesting, just saw this today.
http://fox17online.com/2015/07/09/m...-baby-kate-case-and-baby-doe-found-in-boston/
Does anyone know if there is an age progressed picture of Baby Kate?
Remains of Boston child not a DNA match to Baby Kate
The Michigan Court of Appeals has upheld the "Baby Kate" murder case against Sean Michael Phillips, ruling that the case can proceed to trial. In an opinion dated Thursday, Oct. 22, a three-judge panel ruled unanimously that a Mason County circuit judge properly reinstated the murder case after Mason County District Judge Peter Wadel had dismissed it at the preliminary examination stage.
In the other proceeding in the complicated case, the state attorney general on Oct. 16 appealed a visiting judge's ruling that Wadel was within his rights to appoint himself the trial judge for Phillips' murder case in circuit court. Wadel made that self-appointment as Mason County's chief judge because the county's only other judges both have conflicts.
Assistant Attorney General Donna L. Pendergast argues that Wadel cannot fairly preside over the murder case at trial because he has already, as a district judge, concluded it does not merit trial.
The Michigan Supreme Court has upheld the "Baby Kate" murder case against the long-vanished infant's father, Sean Michael Phillips, ruling that the case can proceed to trial.
In a one-sentence order released Wednesday, March 9, the high court denied Phillips' request to appeal an Oct. 22 judgment by the Michigan Court of Appeals upholding the murder case...
In a separate case, Attorney General Bill Schuette and Spaniola are appealing a circuit judge's decision that Wadel – the judge who once ruled the murder case too weak to go to trial – can preside over the trial itself.
The court issued an order Wednesday saying it wouldn't hear an appeal by Mason County Prosecutor Paul Spaniola and Michigan Attorney General Bill Schuette that sought to replace Judge Peter Wadel...
The case originally was dismissed by Wadel, who found insufficient proof Kate was killed. Her body hasn't been found.
The murder case earlier was upheld.
Phillips' jury trial on a charge of open murder, expected to last 15 days, has been scheduled to start Sept. 26, according to a Mason County Circuit Court clerk. Phillips has a final pretrial conference set for 1 p.m. Sept. 6.
With a charge of open murder, juries have the options of acquittal or conviction of either first-degree murder, second-degree murder or in some cases manslaughter.
Sean Michael Phillips is scheduled to appear in 51st Circuit Court at the Mason County Courthouse today at 1 p.m. for a final conference.
A final conference is typically an opportunity for the prosecutor to offer a plea agreement to the defendant. If the defendant refuses the plea agreement, then the matter will go to trial.
Phillips is currently serving the fourth year of a 10 to 15 year prison sentence for the unlawful imprisonment of Katherine Phillips.
The case is scheduled for trial from Sept. 26 to Oct. 14
After some discussion in chambers with Prosecutor Donna Pendergast of the Michigan Attorney Generals Office, Mason County Prosecutor Paul Spaniola and Defense Attorney David Glancy, Mason Countys 79th District Court Judge Peter Wadel came out into the courtroom and announced to the media that nothing on the record was happening today.
The case remains scheduled for trial from Sept. 26 to Oct. 14.