A judge has acquitted Sean Phillips of first-degree murder charges in the case of the disappearance of "Baby Kate".

While Phillips will not be convicted for first-degree murder, he could still be convicted of second-degree murder.

Judge Peter Wadel issued a verdict on the first-degree murder charges Tuesday, Oct. 11. He said he will allow the jury to deliberate second-degree murder charges.

Wadel stated in his comments that there is not "at all" enough evidence to support first-degree murder charges.

Katherine Phillips was 4-months-old when she disappeared in 2011. Her body has never been found.

Sean Phillips is the baby's father. He is currently serving a ten-year sentence for the child's kidnapping.

The prosecution rested its case on Tuesday morning.

[FOX-17 News]