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Court Clears Way For Trial For Michigan Man In 'Baby Kate' Murder Case

LUDINGTON, Mich. (WWJ/AP) - The trial of a man accused of killing his infant daughter is clear to move forward after the Michigan Supreme Court declined to get involved in a dispute about the judge.

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.

Katherine Phillips, known as "Baby Kate," disappeared in 2011 in the Ludington area, about 80 miles northwest of Grand Rapids — and her body was never found.

Her father, Sean Phillips, is charged with murder.

The case originally was dismissed by Wadel, who found insufficient proof the 4-month-old child was killed.

The murder case later was upheld.

Sean Phillip has been imprisoned since 2012, serving a 10 to 15 year sentence after being convicted of unlawful imprisonment for failing to return Katherine to her mother, Ariel Courtland.

Courtland has said Phillips told her that Katherine is still alive, but extensive searches never turned up the girl. Investigators have also tried to find the girl's body by examining seeds and other plant material on Phillips' shoes.

Prosecutors said Phillips took the baby from Courtland because he feared a court-ordered paternity test would show he was the father. Courtland said Phillips wanted to put Katherine up for adoption, but she refused.

Phillips was arrested shortly after the baby's disappearance after, according to court documents, police found what Phillips admitted was Kate's clothing in his shorts pocket.

Wadel in April called a time-out in the hearing to allow defense experts to examine a letter authorities say links Sean Phillips to his daughter's disappearance. Phillips' handwritten letter to the girl's mother allegedly says the baby was accidentally killed and left in a "peaceful place."

TM and © Copyright 2016 CBS Radio Inc. and its relevant subsidiaries. CBS RADIO and EYE Logo TM and Copyright 2016 CBS Broadcasting Inc. Used under license. All Rights Reserved. This material may not be published, broadcast, rewritten, or redistributed. The Associated Press contributed to this report.

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