United States v. Kristen Smith

831 F.3d 793, 2016 U.S. App. LEXIS 18362, 2016 WL 4145184
CourtCourt of Appeals for the Seventh Circuit
DecidedApril 28, 2016
Docket14-3442
StatusPublished
Cited by7 cases

This text of 831 F.3d 793 (United States v. Kristen Smith) is published on Counsel Stack Legal Research, covering Court of Appeals for the Seventh Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
United States v. Kristen Smith, 831 F.3d 793, 2016 U.S. App. LEXIS 18362, 2016 WL 4145184 (7th Cir. 2016).

Opinion

SYKES, Circuit Judge.

Kristen Smith took her half-sister’s newborn son from his bassinette in the middle of the night and started out on the long drive from Beloit, Wisconsin, to her home in Colorado. When she reached eastern Iowa, she learned that police in Wisconsin were pursuing leads on the missing infant and wanted to interview her. She spoke by phone with a Beloit police officer who told her to pull over so that local law enforcement could speak with her.

In the pre-dawn hours, Smith pulled off the interstate, wrapped the baby in blankets, placed him in a plastic container, and put the container behind a gas station. There she left the infant to freeze in subzero mid-winter temperatures. She then drove to another gas station, called the Beloit officer back, and was eventually arrested by Iowa police on an unrelated warrant. When the police and FBI agents questioned her, she persistently denied any knowledge of the child’s whereabouts. It was only after the baby was found alive the next day that she admitted taking him. A federal jury convicted her of kidnapping.

Smith raises many issues on appeal. She claims that her statements to law enforcement were the product of coercion. She argues that a subset of her statements— those the district court suppressed based on a Miranda violation — were improperly admitted for impeachment purposes. She objects to the government’s inquiry during her cross-examination about the crime for which the arrest warrant was issued. Finally, she asks us to reverse on the ground that no rational jury could conclude that she lacked parental permission to take the child or that she attained a benefit from the kidnapping. We reject these arguments and affirm.

I. Background

A. Kayden’s Disappearance

Brianna Marshall and her boyfriend, Bruce Powell, started trying to conceive a baby in April 2013, and Brianna soon became pregnant. Not long after she announced her pregnancy, Kristen Smith, her estranged half-sister, unexpectedly contacted her via Facebook. Smith lived in Aurora, Colorado; Brianna and Bruce lived in Beloit, Wisconsin. The reunited half-sisters began communicating regularly on Facebook and by text.

A short time later, Smith announced on her Facebook page that she too was pregnant with twins, a boy and a girl. When Smith later learned that Brianna was having a boy, she told her half-sister that she had lost the female twin but was still carrying a healthy male. In August 2013 Smith offered to let Brianna come to Colorado and stay with her and her husband. Brianna declined.

On October 23 Smith posted a sonogram on her Facebook page, claiming it was an image of the child she was carrying. It was not. The original sonogram, dated November 16, 2007, had been downloaded to Smith’s computer, and she had changed the mother’s name to her own.

Between August 2013 and November 2013, Smith’s computer and eBay account were used to search for fake pregnancy bellies and to view websites titled “How to Create a Fake Pregnancy Belly,” “Breastfeeding your Adopted Baby or Baby Born by Surrogate,” and “How to Get a Birth Certificate for a Newborn.” On January 16, 2014, Smith sent her mother-in-law a sonogram image via text. This one, too, was altered.

On February 1, 2014, Brianna gave birth via C-section to a baby boy and named him Kayden. On February 3 Smith emailed her *796 employer saying she was having labor induced that evening and would not be at work that week. She then left Colorado, alone, and drove to Wisconsin, arriving in Beloit on February 4. She stopped at a Walmart and bought an electric blanket, and then went to the hospital, unannounced, to visit Brianna and Kayden.

Mother and baby were discharged that day; Smith accompanied them, with Bruce, to Brianna’s mother’s house, where they were promptly told they were not welcome. (Brianna’s mother apparently disapproved of her daughter’s relationship with Bruce.) The foursome — Bruce, Brianna, baby Kayden, and Smith — went to stay with Brianna’s grandmother instead. Smith told Brianna’s grandmother that she was pregnant and due in two weeks. That same day Smith emailed her employer announcing that she had given birth to a 6-pound-10-ounce baby boy named “Kaysin.” Brianna’s son Kayden weighed 6 pounds, 10 ounces when he left the hospital.

The next day (February 5) Brianna and Bruce discussed with Smith the possibility of moving to Colorado to live with her in light of the turbulence in their family situation in Wisconsin. Smith told them that she would need to call her husband and clear the idea with him. She did so, and Brianna and Bruce then announced to Brianna’s family that they planned to relocate to Colorado. It didn’t go over well; Brianna’s half-brother Byron was upset by the news and grew increasingly agitated with Bruce during the course of the conversation.

At some point later that day, Smith told the couple that she would get a head start on the move and planned to leave for Colorado late that evening or very early the next morning, taking some of Brianna’s belongings with her. She promised to return immediately with her husband and drive Brianna, Bruce, and Kayden back to Colorado.

Bruce went to bed early that evening because he had a headache. Brianna and her grandmother stayed up until shortly after midnight. At about 1:30 a.m. on February 6, while the rest of the household was asleep, Smith quietly lifted Kayden from his bassinette, placed him in the back of her car, and took off for Colorado. Brianna woke up at about 4:30 a.m. to discover her baby missing. She awakened everyone else and frantically searched the house for Kayden, then called Smith in “hysterics,” telling her the baby was gone. Smith, of course, had Kayden with her, but she did not inform her half-sister of that fact.

Brianna immediately called the police to report the kidnapping. She and Bruce initially suspected that Byron had taken the baby. Beloit police officers arrived within minutes. At 4:54 a.m. Smith called back, and Brianna’s grandmother handed the phone to one of the officers, who began questioning Smith about the missing infant. She gave her name as “Kristen Andrews” with a date of birth of July 10, 1985. She denied any knowledge of Kay-den’s whereabouts and blamed his disappearance on Byron. The officer instructed her to pull over as soon as possible to meet with local law enforcement to discuss the matter further. She said she would do so.

Smith did pull off the highway, but not to meet with the police — at least not right away. Instead, she exited 1-80 in West Branch, Iowa, and pulled into a BP gas station. There she wrapped Kayden in blankets (including the electric blanket she purchased in Beloit) and put him in a plastic container. She closed the lid, placed the container on the ground behind the station, and left the baby there. The temperature in West Branch early that morning was -11 degrees Fahrenheit, with a windchill of about -20. *797 Smith then drove a few hundred yards to a different gas station. At 5:21 a.m. she called the Beloit officer back to report her location. This information was immediately transmitted to local police. While Smith was still on the line with the Beloit officer, a West Branch police squad pulled into the gas station.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Smith v. United States
W.D. Wisconsin, 2022
State v. Ross
Court of Appeals of Kansas, 2022
State v. Webster
Court of Appeals of Kansas, 2020
United States v. Dane Gillis
938 F.3d 1181 (Eleventh Circuit, 2019)
State v. Price
444 P.3d 1017 (Court of Appeals of Kansas, 2019)
United States v. Euripides Caguana
884 F.3d 681 (Seventh Circuit, 2018)
United States v. David Simpson
864 F.3d 830 (Seventh Circuit, 2017)
State v. Horn
Court of Appeals of Kansas, 2016

Cite This Page — Counsel Stack

Bluebook (online)
831 F.3d 793, 2016 U.S. App. LEXIS 18362, 2016 WL 4145184, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-kristen-smith-ca7-2016.