LUDINGTON, Mich. — Testimony has been delayed in the Baby Kate murder trial because the Michigan Attorney General's office has filed a motion to dismiss the judge.
Assistant Attorney General William Rollstin presented at a hearing Wednesday afternoon an appearance of impropriety on the part of Judge Peter Wadel. Rollstin says that Wadel met last week Thursday with retired Newaygo County judge, Terrance Thomas. Thomas had apparently thrown out a case while on the bench in a murder trial where no body was ever found, due to a lack of evidence.
Sean Phillips is on trial for the murder of Baby Kate in 2011. Kate's body has not been found.
Rollstin contends that Thomas was telling people in the courtroom last week that Wadel sees things his way. That would mean that Judge Wadel has a bias in this case.
Just before 4:00pm, Judge Wadel ruled that nothing improper happened between him and Judge Thomas and he is able to continue, by law, to be the judge on the case.
The trial of Sean Phillips is in its second week. The trial continued after the judge's ruling with more witnesses testifying for the prosecution.
Phillips is accused of killing his daughter, four month old Katherine Phillips in 2011. He is currently serving a ten year sentence for kidnapping the child. Baby Kate's body has not been found.
We'll have more details from court as they become available.