Sean Michael Phillips is going to trial. Judge Richard Cooper decided, this afternoon, that there was enough evidence to charge Phillips with open murder of his daughter, Baby Kate. The prosecution appealed the original ruling made by Judge Wadel, in September, and claimed he used abuse of discretion. Assistant Attorney General Donna Pendergrast argued that Wadel failed to recognize the new evidence that was presented at the preliminary examination. These include testimonies from a deputy, a friend and a fellow inmate of Phillips... and the letter Phillips wrote to Kate's mother, Ariel Courtland. The prosecution argued that the letter he wrote was a "series of conjoined admissions." Defense attorney, David Glancy, said the decision made by Judge Wadel was justified and that all pieces of evidence were weighted and considered in credibility. As far as the letter, Glancy contended that it didn't prove criminal intent, only that the crime was an accident. Although Judge Cooper believes Judge Wadel was "keenly aware" in his decision... he agrees that the evidence the prosecution presented was enough to move forward with a trial.