Phillips bound over to circuit court; Judge Cooper overturns Judge Wadel’s ruling.

Judge Richard Cooper

By Rob Alway. Editor-in-Chief.

LUDINGTON — The open murder case against Sean Michael Phillips will be bound over to circuit court. Judge Richard Cooper, 51st Circuit Court Judge, ruled in favor of an appeal, overturning 79th District Court Judge Pete Wadel’s earlier decision not to bind the case over.

Phillips is charged with the 2011 death of his 4-month-old daughter Katherine “Baby Kate” Phillips.

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“I reluctantly agree with the prosecutor that our current case law allows the prosecutor to go forward even though I don’t necessarily think it’s the solid way to go,” Cooper told the court.

Defense attorney David Glancy argues his case.

“I think Judge Wadel, in analyzing the situation, was keenly aware that this might be a penny wise and a pound foolish to take things that are there.” Cooper warned that there may not be enough evidence to convict a murder, which is most likely Judge Wadel’s concern.

Cooper said he was reluctant to say that Judge Wadel’s decision was an abuse of discretion, which is how he had to rule.

The case will most likely be one of the first criminal trials heard by in-coming judge Susan Sniegowski, who will take the circuit court bench on Jan. 1, 2015.