MASON COUNTY, Mich. (WZZM)- Mason County prosecutors are pushing to keep a judge from throwing out the case against the man charged with kidnapping Katherine Phillips.
Sean Phillips, 21, is accused of abducting "Baby Kate," as she is known, on June 29th. That was the day the infant's mother was taking the child in for a paternity test. At the time, Phillips denied he was Kate's father. Testing has since proven he is.
Phillips' lawyer wants the kidnapping charge thrown out, saying it doesn't apply since he is Kate's father.
According to the Muskegon Chronicle, prosecutors argue that because Phillips did not know he was Kate's father at the time of the kidnapping, the charge still applies.
Katherine Phillips is still missing.
By Matt Campbell