It will be two weeks before it's determined if Sean Michael Phillips will face open murder charges against his daughter, Baby Kate. Phillips appeared in court this morning for a preliminary hearing. Judge Wadel informed the court that he will review the exhibits and arguments presented to him, before making a final decision on whether or not there is sufficient evidence to charge Phillips with open murder. The prosecution argued that there were three pieces of evidence to charge Phillips... but the totality of the note, written to Kate's mother, Ariel Courtland, is proof he committed a crime. The letter states that he can't explain much but Kate is "somewhere peaceful." Michigan Assistant Attorney General Donna Pendergrast also said DNA testing done by the FBI and an independent forensic lab confirm the letter was written by Phillips, while serving time in prison. defense attorney, David Glancy, argues that the evidence presented by the prosecution doesn't prove Phillips was acting with criminal intent or that the crime was premeditated. Glancy says there is only enough to charge him with manslaughter and not first- or second-degree murder.