His attorney has filed a motion to drop the charges against his client after the DNA test results showed that Phillips is the father of Baby Kate. Under Michigan state law, a biological parent cannot be charged or convicted of kidnapping their child.
Michigan's kidnapping law reads, :An adoptive or natural parent of the child shall not be charged with and convicted for a violation of this section."
But, that doesn't mean that Phillips won't be charged with parental kidnapping, which carries a lighter sentence. The Prosecuting Attorney has not responded at this time.
Phillips has been in Mason County Jail for almost two months and he still refuses to tell anyone the whereabouts of Baby Kate, who disappeared June 29. Later that day, PHillips was found with Baby Kate's clothes in his pant pockets.
Phillips has always maintained he does not know what happened to Baby Kate.
The hearing is for dismissal is on September 14th.
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