Defense granted 21-day extension in Phillips murder charge appeal.

David Glancy

By Rob Alway. Editor-in-Chief.

LUDINGTON — An appeal by the state of Michigan in the murder case against Sean Michael Phillips will take place on Dec. 5, at 1:30 p.m., in 51st Circuit Court.

A hearing was held this morning in front of Judge Richard Cooper to extend the defense’s brief in opposition to the state.

Defense attorney David Glancy told Judge Cooper he has not had adequate time to prepare for the case because of his assignment load as the county’s court-appointed defense attorney.

Donna Pendergast of the Attorney General’s Criminal Division, who is serving as the primary prosecutor, told Cooper that she just wanted to make sure there was a set date so she could plan her schedule accordingly, citing that she has a very busy November and December.

Pendergast, along with Mason County Prosecuting Attorney Paul Spaniola, are appealing Judge Peter Wadel’s 79th District Court ruling that Phillips could not be bound over on a charge of murder in the June 2011 disappearance of Katherine Phillips, also known as “Baby Kate.”

Cooper granted Glancy a 21-day extension.

“The court recognizes your arguments were made in good faith and the defense attorney certainly has a heavy load. This is a substantial case and I would rather see he had time to prepare himself appropriately than than squeeze himself into a corner,” Cooper said.

Phillips, of Victory Township, is currently serving a 10-15 year prison sentence for the disappearance of Baby Kate. He was convicted of unlawful imprisonment.