Sean Phillip's father chokes up during testimony

Sean Phillips father Larry grew tearful several times on the stand including as he recalled a conversation he had with his son on June 28th.

He testified that until that day, Sean had denied being the father of baby Kate.

Larry Phillips says, "I told him I loved him and that we'd cross that bridge when it came."

Sean would be taking a court ordered paternity test the next day that would require him to pay child support.

Larry testified that it wasn't uncommon for the police to be called to their home because Sean and Ariel fought over their other daughter Haley regularly. He said Ariel was not allowed in the Phillips home because she stole money from visiting family members at his brother's funeral.

Larry Phillips says, "We asked Ariel about it. She was wearing tight, white pants and we could see the wad of money in her front pocket. We asked her to return the money. I said if you don't return the money, I'm calling the police, and the police were called."

FBI Special Agent Todd Reineck also took the stand testifying about Sean Phillips cell phone records on June 29th. He said that Phillip's phone did not register with any phone tower between 1:17pm and 3:19pm, meaning it was either turned off or the battery was removed.

Earlier Larry Phillips testified that Ariel sometimes called Sean up to 50 times a day, and Kim Phillips, Sean's mom said it was normal for him to turn off his phone to ignore her when they were fighting.

The prosecution is expected to wrap up its case on Wednesday, and then the defense will call it's witnesses.

One of those witnesses could be Jamie Jones, the lead investigator for the Missing You Foundation. The judge allowed defense attorney Annette Smedley to add Jones to the witness list after Smedley learned of new evidence she says is critical to the case.