GUILTY CA - Girl, 3, abducted & raped, Yreka, 2 March 2009

[dreamweaver]

what an unbelievable, idiotic . thankfully she was much smarter than him. what is the deal with her home situtation? does anyone know if she's back home or not? a couple of the comments seemed to say she is in CPS care. are her parents bad?

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From the news report from last week, it stated that little F was in the custody of the state of California. The mom was to have said, we hope to see her in the next few months.

Went to find link: None found?
So, FWIW.

 

[Missizzy]

This has been a LONG time in coming. Those of us who are in Southern Oregon/Far Northern California have been waiting as patiently as possible. Like a COV is going to help this guy. Wait until a jury hears the facts and watches the child's taped interview. I truly hope little "F" has moved on with help from her therapists and family. She's a survivor and a fighter.


http://www.siskiyoudaily.com/news/x...-man-charged-with-attempted-murder-of-toddler

Change of venue sought for man charged with attempted murder of toddler

"Kody Lee Kaplon will appear in court again on Thursday, Feb. 25, as he and his attorney, Siskiyou County Public Defender Andrew Marx, petition for a change of venue for his trial.

Kaplon is charged with attempted murder, sexual intercourse with a victim under 10 years of age, sexual penetration with a foreign object with a victim under 10 years of age, two counts of sexual oral copulation with a victim under 10 years of age, kidnapping and endangering the health of a child. Evidence of personal infliction of great bodily injury upon a child under 5 years of age was considered for special allegation, making all seven counts violent and serious felonies under California’s three strikes law......."


Much more at link.

 

[Missizzy]

Just checked up on the status of this case and there's some new developments:

http://www.siskiyoudaily.com/highlight/x909201072/Change-of-venue-denied-in-Kaplon-case

Change of venue denied in Kaplon case

July 9, 2010

"Kody Lee Kaplon will be tried in Siskiyou County unless during jury selection there is evidence to suggest jurors would not be able to proceed with their duties in an impartial manner.

That was the decision of Siskiyou County Superior Court Judge Donald Langford on Thursday as he denied a motion for a change of venue for the 23-year-old Hornbrook man...."

more at link



http://www.siskiyoudaily.com/highlight/x1652684280/Trial-dates-set-for-Sturm-Kaplon

Trial dates set for....Kaplon

August 11, 2010

"...The trial date for [Kody] Kaplon was moved from the previously set Aug. 30 to Oct. 19. A trial management conference and pre voir dire conference will precede the trial on Oct. 8 at 8:30 a.m. and Oct. 18 at 1:30 p.m., respectively.

The 23-year-old Hornbrook man is charged with attempted murder, sexual intercourse with a victim under 10 years of age, sexual penetration with a foreign object with a victim under 10 years of age, two counts of sexual oral copulation with a victim under 10 years of age, kidnapping and endangering the health of a child....."

more at link

 

[JBean]

Yreka, Calif. —
The jury trial for Kody Lee Kaplon was continued last week, while a preliminary hearing for William Bracken will take place this week.
http://www.siskiyoudaily.com/news/x1665089131/Kody-Kaplon-trial-continued

 

[Missizzy]

Delayed again!! It's been over two years since the crime.

http://www.siskiyoudaily.com/news/x1859065112/Kaplon-trial-delayed-again

"Issues with DNA evidence once again resulted in a continuation of the jury trial for a Hornbrook man facing sex charges...."

and

"...Kaplon will appear again in court May 10 at 8:30 a.m. for a pre-trial conference an resetting of the trial dates."

more at link

 

[MsFacetious]

The status of the victims and the accused – Marx contests that the press branded the girl as the “innocent child” and Kaplon as the “drug-addicted child molesting kidnapper.”

“In as much as the press painted [the girl] as an innocent child, Mr. Kaplon was the antithesis of that picture,” the motion states.

http://www.siskiyoudaily.com/news/x...-man-charged-with-attempted-murder-of-toddler

What else exactly would the attorney have liked the press to "brand" or "paint" the child as?

A 3 year old who ran away??? She was THREE. A 3 year old is not anything other than innocent.

We are not talking about a teenager here, we are talking about a baby. Of course she is an innocent child!

I know the change of venue was denied... but if the jury were to see that motion... wow.

http://www.siskiyoudaily.com/news/x1859065112/Kaplon-trial-delayed-again

At a trial management conference Tuesday, Marx said previous discovery (evidence) issues had been resolved but a new issue had arisen: new DNA analysis from a Sacramento lab that provided new results had been provided to him Tuesday morning. The new evidence required further analysis by a forensic expert, which could take a few weeks, Marx said.

Andrus shared that the evidence was only received by the DA’s office that morning, as well, and was given to Marx about an hour after receipt.

“My perspective on this is that this changes the game,” Andrus told Masunaga. “This is information that we didn’t think would be part of the trial, but it is vitally important; it couldn’t be more material.”

So it was agreed by both sides that the trial would not go forward next week, but new trial dates were not set.

Kaplon will appear again in court May 10 at 8:30 a.m. for a pre-trial conference and resetting of the trial dates.

 

[Missizzy]

It has begun.....finally. It never ceases to amaze me how little press a major crime receives if it occurs in a small town more than 50 miles from a city and major news source. I live in Ashland, OR--only 30 miles from where this kidnapping and rape occurred. Our paper isn't covering it. Medford, OR (another 15 miles north) which is a mid-sized city and home of the Mail Tribune and numerous TV news sources isn't either that I can find. Never really have. I don't see it in the Sacramento press either. Why not? This was a heartless, vicious crime. It's a miracle that the child survived.

http://www.siskiyoudaily.com/news/x1249731923/Kaplon-trial-begins

Kaplon trial begins
July 12, 2011

"The trial of  the man accused of kidnapping and attempting to murder a 3-year-old Yreka girl in 2009 began Monday. Kody Kaplon, a 23-year-old Hornbrook man, is charged with attempted murder, sexual intercourse with a victim under 10 years of age, sexual penetration with a foreign object with a victim under 10 years of age, two counts of sexual oral copulation with a victim under 10 years of age, kidnapping and endangering the health of a child.

The charges stem from a 2009 incident involving a then-3-year-old Yreka girl...."

more at link

 

[Missizzy]

I have never seen so little media interest in such a heinous crime. it simply has to be because of the relatively remote location of Yreka. Anyway, testimony began today and it sounds as if the defense attorney has some tricks up his sleeve concerning DNA:


http://www.siskiyoudaily.com/news/x1217536961/Kody-Kaplon-trial-Testimony-begins

Kody Kaplon trial: Testimony begins
July 27, 2011

"After opening statements by District Attorney Kirk Andrus and Public Defender Andrew Marx on Thursday morning, witnesses took the stand in the case of Kody Kaplon, including two officers and several members of the alleged victim’s family.

Kaplon, a 25-year-old Hornbrook [OR] resident, is charged with attempted murder, sexual intercourse with a victim under 10 years of age, sexual penetration with a foreign object with a victim under 10 years of age, two counts of sexual oral copulation with a victim under 10 years of age, kidnapping and endangering the health of a child...."

more at link

 

[Missizzy]

Thank goodness for the Siskiyou Daily or we wouldn't know a single thing. The little girl testified today. Bless her heart. That must have been tough:

http://www.siskiyoudaily.com/news/x2014918264/Kody-Kaplon-trial-Alleged-victim-tesifies

Kody Kaplon trial: Alleged victim testifies
July 29, 2011

"The young girl who was the alleged victim of a kidnapping and sexual assault took the stand in the Kody Kaplon trial Wednesday, as did one of the men who found her...."

and

"...The child’s time of testimony was closed to the public, but Siskiyou County District Attorney Kirk Andrus said that he and Public Defender Andrew Marx first asked her questions to determine she was competent and knew the difference between telling the truth and a lie. Then they questioned her about the events, including Kaplon taking her, possibly strangling and burying her, and the sexual acts that are alleged.

When asked why such a young girl would be asked to take the stand instead of providing testimony on camera or audio tape, Andrus said she did it because she could.“If she can, we don’t really have a choice,” he said. “We only pursue other options if it’s demonstrated that there’s an ability that testifying in person could psychologically damage the child. I imagine this can’t be easy, but she’s holding up very well.” At the end of her testimony, Andrus said she did “perfectly.” In the hallways, her family and friends lauded her as “very strong...."

and

"....[Miner George] Flippen and his group decided to help search the area because they knew it well. They traveled far back into the hills because “we had an intuition we should keep going,” he said. They followed tire tracks they noticed along the way and eventually found a green car. As two in the party went to go alert the police, Flippen and his cousin set out on foot in search of the child after confirming she wasn’t in the car. They followed a set of footprints, an adult set and a child’s set, he said. Flippen said the child’s prints looked like she had been dragged by the arm at one point. But on a muddy, hilly terrain, he said, “The one thing that stuck in my head is that the little girl had never slipped.” As the men talked about an out-of-place buck brush they notice down a hill, “We must have been talking loud because all of a sudden her head popped up,” Flippen said.

He said they found her sitting behind the brush, muddy, wet and cold. Flippen said they took off her T-shirt – the only thing she was wearing – and put a dry sweatshirt on the shivering girl who seemed tired, as her eyes kept on shutting. “We picked her up and told her we were going to take her to her family, that she would be OK and that she didn’t have anything to worry about anymore..."

more at link


There are knights in shining armor. Sometimes they just wear miner's coats and boots. It is an absolute miracle that this child was found. That forest is dense. Bless those men for not giving up.

 

[BeanE]

'He strangled her, left her for dead and walked away'
Kaplon found guilty on nine charges, including sex abuse, kidnapping and attempted murder of 3-year-old Yreka girl
August 24, 2011


Kody Lee Kaplon, 25, was found guilty of attempted first-degree murder, kidnapping with special circumstances that includes inflicting great bodily harm, two counts of lewd acts on a child, sexual intercourse with a child younger than 10, two counts of oral copulation with a child younger than 10, child abuse and child endangering, said Siskiyou County District Attorney Kirk Andrus.

snip

Kaplon kidnapped the victim from her parents' home on March 2, 2009, police said. Drunk and high on methamphetamine, the man had left a party at about 3 a.m., only to return to the apartment building at 4:30 a.m. Kaplon then snuck into the little girl's bedroom and molested the 30-pound child, the DA said.

"When she cried out, he grabbed her and ran," Andrus said.

Awakened by her daughter's cries, the child's mother watched in horror as Kaplon drove away in his 1992 Pontiac Grand Am. She then immediately called police, he said.

snip

Kaplon strangled the little girl to unconsciousness, Andrus said.

snip

"She said (Kaplon) told her, 'This is your new home,' as he was burying her. She managed to dig herself out," Bowles said.

http://www.mailtribune.com/apps/pbcs.dll/article?AID=/20110824/NEWS/108240320

 

[dreamweaver]

'He strangled her, left her for dead and walked away'
Kaplon found guilty on nine charges, including sex abuse, kidnapping and attempted murder of 3-year-old Yreka girl
August 24, 2011


Kody Lee Kaplon, 25, was found guilty of attempted first-degree murder, kidnapping with special circumstances that includes inflicting great bodily harm, two counts of lewd acts on a child, sexual intercourse with a child younger than 10, two counts of oral copulation with a child younger than 10, child abuse and child endangering, said Siskiyou County District Attorney Kirk Andrus.

snip

Kaplon kidnapped the victim from her parents' home on March 2, 2009, police said. Drunk and high on methamphetamine, the man had left a party at about 3 a.m., only to return to the apartment building at 4:30 a.m. Kaplon then snuck into the little girl's bedroom and molested the 30-pound child, the DA said.

"When she cried out, he grabbed her and ran," Andrus said.

Awakened by her daughter's cries, the child's mother watched in horror as Kaplon drove away in his 1992 Pontiac Grand Am. She then immediately called police, he said.

snip

Kaplon strangled the little girl to unconsciousness, Andrus said.

snip

"She said (Kaplon) told her, 'This is your new home,' as he was burying her. She managed to dig herself out," Bowles said.

http://www.mailtribune.com/apps/pbcs.dll/article?AID=/20110824/NEWS/108240320

Just came to post this.
Wonderful news! Convicted.
And she seems like a brave little girl.

 

[Missizzy]

I'm very pleased that Kaplon was convicted. I was getting worried there for a day or so when things started to look confusing.

I live in Ashland, just over the Siskiyou Pass from where this crime occurred. We have a daily newspaper, the Daily Tidings. There's also a daily in Medford, just north of us--the Mail Tribune. Both followed the story when it broke. Why was the Siskiyou Daily the only paper following this very tragic case? I don't even see coverage from Redding or Sacramento. Very odd.

How I hope this child can heal and move on. She's so fortunate to have made it out alive. She's a brave girl to have taken that witness stand.