GUILTY AL - Kamille "Cupcake" McKinney, 3, kidnapped from party, Birmingham, 12 Oct 2019 *Arrests, 1 Guilty* #8

[Subiechik21]

Alabama Law Enforcement Agency Online Services

3-year-old girl kidnapped from Birmingham birthday party; Amber Alert cites ‘extreme danger’

Kamille “Cupcake” McKinney vanished about 8:30 p.m. Saturday from Tom Brown Village public housing community in Avondale. She was outside with friends when she disappeared.

According to other children, a man and a woman in a dark SUV picked up Kamille. An 11-year-old boy said he saw a man get out of the SUV, pick up Kamille and put her in the vehicle. Police do not believe this is a custodial issue. Both of Kamille’s parents as well as her extended family are on the scene.

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[Seattle1]

U.S. District Court
Northern District of Alabama (Western)
CRIMINAL DOCKET FOR CASE #: 7:20-cr-00243-LSC-SGC-1​

Case title: USA v. Brown

Date Filed: 07/28/2020

---

Assigned to: Judge L Scott Coogler Referred to: Magistrate Judge Staci G Cornelius Defendant (1) Derick Irisha Brown also known as Quentesa Jackson Pending Counts 18:1201(a)(1) KIDNAPPING (1s) 18:1201(c) KIDNAPPING (2s) Highest Offense Level (Opening) Felony Date Filed # Docket Text 07/28/2020 1​ INDICTMENT as to Derick Irisha Brown (1): counts 1, 2. Please file all subsequent documents using the criminal case number assigned to this indictment. (Attachments: # 1 (SEALED) Signed Indictment) (KBB) (Entered: 07/29/2020) 07/28/2020 2​ MOTION to Seal Indictment filed by USA as to dft Derick Irisha Brown. (KBB) (Entered: 07/29/2020) 07/28/2020 3​ ORDER granting 2 Motion to Seal Indictment as to dft Derick Irisha Brown (1). Signed by Magistrate Judge Gray M Borden on 7/28/2020. (KBB) (Entered: 07/29/2020) 07/29/2020 ​ INDICTMENT UNSEALED as to dft Derick Irisha Brown (KBB) (Entered: 07/29/2020) 07/29/2020 4​ TEXT ORDER as to dft Derick Irisha Brown; The Court having been notified that the dft is in State Custody, this case is unsealed. Signed by Magistrate Judge Gray M Borden on 7/29/2020. (KBB) (Entered: 07/29/2020) 07/30/2020 5​ MOTION To Access And Copy Grand Jury Records by Derick Irisha Brown. (Threatt, Glennon) (Entered: 07/30/2020) 07/31/2020 6​ TEXT ORDER as to Derick Irisha Brown : Arraignment set for 8/20/2020 09:30 AM in Hugo L Black US Courthouse, Birmingham, AL before Magistrate Judge Staci G Cornelius. Signed by Magistrate Judge Staci G Cornelius on 7/31/2020. (KWC, ) (Entered: 07/31/2020) 07/31/2020 7​ MOTION for Writ of Habeas Corpus ad prosequendum by USA as to Derick Irisha Brown. (Mark, Robin) (Entered: 07/31/2020) [...] 10/14/2021 52​ MOTION To Preserve Evidence by Derick Irisha Brown. (Case, Allison) (Entered: 10/14/2021) 02/02/2022 53​ TEXT ORDER as to Derick Irisha Brown: Telephone Conference set for 4/27/2022 01:30 PM before Magistrate Judge Staci G Cornelius; parties to call 877-336-1831 and use access code 2778178 to participate; Signed by Magistrate Judge Staci G Cornelius on 2/2/22. (BST, ) (Entered: 02/02/2022) 02/23/2022 54​ TEXT ORDER as to Derick Irisha Brown; Telephone Conference set for 3/3/2022 10:00 AM before Magistrate Judge Staci G Cornelius; parties to call 877-336-1831 and use access code 2778178 to participate; Signed by Magistrate Judge Staci G Cornelius on 2/23/2022. (BST, ) (Entered: 02/23/2022) 03/03/2022 ​ Minute Entry for proceedings held before Magistrate Judge Staci G Cornelius:Telephone Conference as to Derick Irisha Brown held on 3/3/2022; Case, Butler, Green, Thompson, Peoples and Mark present. (Court Reporter Carrie Robinson.) (BST, ) (Entered: 03/03/2022) 03/04/2022 55​ ORDER as to Derick Irisha Brown: the court DIRECTS that on or before March 18, 2022, the Government shall (1) file a notice under 18 U.S.C. § 3593(a) that it will seek the death penalty or (2) notify the court and the defendant it will not seek the death penalty. The court further DIRECTS that on or before April 4, 2022, the parties are to submit a joint proposed scheduling order. Signed by Magistrate Judge Staci G Cornelius on 3/4/2022. (KWC, ) (Entered: 03/04/2022) 03/17/2022 56​ NOTICE of Intent to Not Seek Death Penalty as to Derick Irisha Brown by USA (Peeples, Lloyd) Modified on 3/17/2022 (KWC, ). (Entered: 03/17/2022) 04/04/2022 57​ RESPONSE to by USA as to Derick Irisha Brown re 55 Joint Proposed Scheduling Order (Mark, Robin) (Entered: 04/04/2022) 04/08/2022 58​ TEXT ORDER as to Derick Irisha Brown: Status Conference set for 4/28/2022 10:00 AM before Magistrate Judge Staci G Cornelius in CR 3A; any out of town counsel that remain as attorneys of record may appear by video; Signed by Magistrate Judge Staci G Cornelius on 4/8/2022. (BST) (Entered: 04/08/2022) 04/08/2022 59​ ORDER as to Derick Irisha Brown: the telephone conference previously scheduled for 4/27/22 is cancelled in light of the status conference set for 4/28/22; Signed by Magistrate Judge Staci G Cornelius on 4/8/2022. (BST, ) (Entered: 04/08/2022) 04/28/2022 61​ STANDING BRADY DISCOVERY ORDER as to Derick Irisha Brown. Signed by Magistrate Judge Staci G Cornelius on 4/28/2022. (BST, ) (Entered: 04/28/2022) 04/28/2022 62​ ORDER as to Derick Irisha Brown Jury Trial set for 11/14/2022 at 9:00 AM before Judge L Scott Coogler. Signed by Judge L Scott Coogler on 4/28/2022. (PSM) (Entered: 04/28/2022) 04/28/2022 ​ Minute Entry for proceedings held before Magistrate Judge Staci G Cornelius:Status Conference as to Derick Irisha Brown held on 4/28/2022; dft present w/FPDs Butler and Case, Thompson and Greene; AUSAs Peeples, Mark and Milner also present; status of the case and deadlines discussed; trial date to be set; hrg adj. (Court Reporter Pam Weyant.) (BST, ) (Entered: 04/29/2022) 04/29/2022 64​ STANDING DISCOVERY ORDER with instructions and deadlines set out as to Derick Irisha Brown. Signed by Magistrate Judge Staci G Cornelius on 4/29/2022. (BST, ) (Entered: 04/29/2022) 05/03/2022 66​ ORDER as to dft Derick Irisha Brown re 52 Motion to Preserve Evidence; As discussed during the status conference held on April 28, 2022, the court GRANTS the motion to the extent it is ORDERED as set out within. Signed by Magistrate Judge Staci G Cornelius on 5/3/2022. (KBB) (Entered: 05/03/2022) 05/03/2022 67​ ORDER as to dft Derick Irisha Brown ; The court noted it would consider the need to grant an additional continuance after a final decision was made regarding whether to seek the death penalty against the defendant. The Court construes the parties' joint proposed scheduling order as include in a request for a further continuance and GRANTS that request. The court determines the ends of justice served by granting a continuance in this case outweigh the interests of the public and the defendant in a speedy trial. Accordingly, the court ORDERS that this case is CONTINUED until this matter proceeds to trial or is resolved by a change of plea and that the period of delay resulting from this continuance shall be excluded in computing the Speedy Trial Act deadline. Signed by Magistrate Judge Staci G Cornelius on 5/3/2022. (KBB) (Entered: 05/03/2022) 05/03/2022 ​ Minute Entry for proceedings held before Magistrate Judge Staci G Cornelius:Sealed ex parte hearing as to Derick Irisha Brown held on 5/3/2022 (court reporter Pam Weyant) (BST, ) (Entered: 05/03/2022) 05/24/2022 70​ JOINT SCHEDULING ORDER as to dft Derick Irisha Brown; The parties have conferred and propose the attached scheduling order; Jury Trial set for 11/14/2022, at 9:00 AM, before Judge L Scott Coogler, with pretrial deadlines as set out. Signed by Judge L Scott Coogler on 5/24/2022. (KBB) (Entered: 05/24/2022) 06/03/2022 72​ NOTICE of Withdrawal by Robin Beardsley Mark (re-filed as a Motion to Withdraw see doc [ 73 ) (Mark, Robin) Modified on 6/3/2022 (KBB). (Entered: 06/03/2022) 06/03/2022 73​ MOTION to Withdraw as Counsel of Record by Robin B. Mark. by USA as to Derick Irisha Brown. (Mark, Robin) Modified on 6/3/2022 (KBB). (Entered: 06/03/2022) 06/03/2022 74​ ORDER granting 73 Motion to Withdraw as Attorney; Robin Beardsley Mark withdrawn from case as to Derick Irisha Brown (1); Signed by Magistrate Judge Staci G Cornelius on 6/3/2022. (BST, ) (Entered: 06/03/2022) 06/21/2022 77​ NOTICE Of Substitution of Counsel by Kevin L Butler (Butler, Kevin) (Entered: 06/21/2022) 06/23/2022 78​ NOTICE OF ATTORNEY APPEARANCE Brittany Tedford Byrd appearing for USA. (Byrd, Brittany) (Entered: 06/23/2022) 07/12/2022 79​ MOTION to Continue Deadlines by Derick Irisha Brown. (Butler, Kevin) (Entered: 07/12/2022) 07/13/2022 80​ Unopposed MOTION to Continue Deadlines (Corrected) by Derick Irisha Brown. (Butler, Kevin) (Entered: 07/13/2022) 07/13/2022 81​ TEXT ORDER finding as moot 79 Motion to Continue as to Derick Irisha Brown (1), an amended motion has been filed; Signed by Magistrate Judge Staci G Cornelius on 7/13/22. (BST, ) (Entered: 07/13/2022) 07/13/2022 82​ NOTICE OF HEARING as to Derick Irisha Brown: Telephone Conference set for Friday, 7/15/2022 at 10:30 AM before Judge L Scott Coogler. Counsel is to call 877-336-1828 and use Access Code 3967498 five (5) minutes prior to the start of the conference. (MEB2) (Entered: 07/13/2022) 07/14/2022 ​ NOTICE OF RESETTING HEARING as to Derick Irisha Brown: Due to a conflict on the Court's calendar the Telephone Conference set for Friday, 7/15/2022 at 10:30 AM is RESET for Tuesday, 7/19/2022 at 11:00 AM before Judge L Scott Coogler. Counsel is to call 877-336-1828 and use Access Code 3967498 five (5) minutes prior to the start of the conference. (MEB2) (Entered: 07/14/2022) 07/18/2022 83​ NOTICE Government's Intention to Use Expert Testimony as to dft Derick Irisha Brown by Lloyd C Peeples, III (Peeples, Lloyd) Modified on 7/18/2022 (KBB). (Entered: 07/18/2022) 07/18/2022 84​ MOTION to Change Venue to the Western Division by Derick Irisha Brown. (Smith, Tobie) (Entered: 07/18/2022) 07/18/2022 85​ MOTION to Dismiss Counts One and Two by Derick Irisha Brown. (Smith, Tobie) (Entered: 07/18/2022) 07/18/2022 86​ MOTION to Expand Examination and Selection of Jurors by Derick Irisha Brown. (Smith, Tobie) (Entered: 07/18/2022) 07/18/2022 87​ MOTION to Quash Writ of Habeas Corpus Ad Prosequendum by Derick Irisha Brown. (Butler, Kevin) (Entered: 07/18/2022) 07/19/2022 ​ Minute Entry for proceedings held before Judge L Scott Coogler: Telephone Conference as to Derick Irisha Brown held on 7/19/2022; Attys Butler, Smith, Robertson, Peeples, Milner, & Byrd present (Court Reporter Lindy Fuller) (MEB2) (Entered: 07/19/2022) 07/19/2022 88​ ORDER as to dft Derick Irisha Brown (1) re 84 Motion for Change of Venue; The Government having stated no opposition during the telephone conference held on July 19, 2022, the court GRANTS the motion. The venue for all purposes including trial is changed to the Western Division. The Clerks Office is DIRECTED to reassign this case to the Western Division. Signed by Judge L Scott Coogler on 7/19/2022. (KBB) (Entered: 07/19/2022) 07/19/2022 89​ TEXT ORDER: The defendant, Derick Irisha Brown, has filed a motion to dismiss (Doc. 85 ) and a motion to quash a writ of habeas corpus ad prosequendum (Doc. 87 ). The Government is DIRECTED to respond to the motions within fourteen (14) calendar days from the entry day of this order. Signed by Magistrate Judge Staci G Cornelius on 7/19/2022. (KWC, ) (Entered: 07/19/2022) 07/28/2022 90​ TEXT ORDER as to Derick Irisha Brown re 80 Unopposed MOTION to Continue Deadlines; As stated on the record during the telephone conference held on July 19, 2022, the court GRANTS the defendant's motion to extend the pretrial deadlines by two weeks. The deadline for pretrial motions is extended until August 1, 2022, with any response due not later than August 15, 2022. The parties are advised that the trial date of November 14, 2022 will not be continued. Signed by Judge L Scott Coogler on 7/28/2022. (MEB2) (Entered: 07/28/2022) 08/01/2022 91​ RESPONSE to Motion by USA as to Derick Irisha Brown re 87 MOTION to Quash Writ of Habeas Corpus Ad Prosequendum (Byrd, Brittany) (Entered: 08/01/2022) 08/01/2022 92​ ***WITHDRAWN PURSUANT TO ORDER 109 *** MOTION to Exclude Statement Under Federal Rule of Evidence 410(a)(4) by Derick Irisha Brown. (Butler, Kevin) Modified on 9/9/2022 (KBB). (Entered: 08/01/2022) 08/01/2022 93​ MOTION to Suppress Statements by Derick Irisha Brown. (Butler, Kevin) (Entered: 08/01/2022) 08/01/2022 94​ RESPONSE in Opposition by USA as to Derick Irisha Brown re 85 MOTION to Dismiss Counts One and Two (Peeples, Lloyd) (Entered: 08/01/2022) 08/01/2022 95​ NOTICE Pursuant to Rule 12.2(b) by Kevin L Butler (Attachments: # 1 Exhibit)(Butler, Kevin) (Entered: 08/01/2022) 08/02/2022 96​ TEXT ORDER: The defendant Derick Irisha Brown, has filed a motion to exclude (Doc. 92 ) and a motion to suppress (Doc. 93 ). The government is DIRECTED to respond to the motions within fourteen (14) calendar days from the entry day of this order. Signed by Judge L Scott Coogler on 8/2/2022. (MEB2) (Entered: 08/02/2022) 08/08/2022 97​ REPLY TO RESPONSE to Motion by Derick Irisha Brown re 91 Response to Motion, 87 MOTION to Quash Writ of Habeas Corpus Ad Prosequendum (Butler, Kevin) (Entered: 08/08/2022) 08/08/2022 98​ REPLY TO RESPONSE to Motion by Derick Irisha Brown re 94 Response in Opposition, 85 MOTION to Dismiss Counts One and Two (Butler, Kevin) (Entered: 08/08/2022) 08/15/2022 99​ OBJECTIONS to Motion by USA as to Derick Irisha Brown re 93 MOTION to Suppress Statements (Milner, M) Modified on 8/15/2022 (KBB). (Entered: 08/15/2022) 08/15/2022 100​ RESPONSE by USA as to Derick Irisha Brown re 92 MOTION to Exclude Statement Under Federal Rule of Evidence 410(a)(4). (Byrd, Brittany) Modified on 8/15/2022 (KWC, ). (Entered: 08/15/2022) 08/15/2022 101​ NOTICE Of Defendant's Intention To Use Expert Testimony by Derick Irisha Brown. (Butler, Kevin) Modified on 8/15/2022 (KWC, ). (Entered: 08/15/2022) 08/16/2022 ​ NOTICE OF HEARING ON MOTIONS in case as to Derick Irisha Brown re 92 MOTION to Exclude Statement Under Federal Rule of Evidence 410(a)(4) and 93 MOTION to Suppress Statements : Suppression Hearing and Motion Hearing is set for 9/22/2022 at 9:00 AM in Federal Building, Tuscaloosa, AL before Judge L Scott Coogler. (MEB2) (Entered: 08/16/2022) 08/22/2022 102​ MOTION to Amend/Correct 86 MOTION to Expand Examination and Selection of Jurors filed by Derick Irisha Brown by Derick Irisha Brown. (Butler, Kevin) (Entered: 08/22/2022) 08/22/2022 103​ REPLY TO RESPONSE to Motion by Derick Irisha Brown re 100 Response to Motion, 92 MOTION to Exclude Statement Under Federal Rule of Evidence 410(a)(4) (Butler, Kevin) (Entered: 08/22/2022) 08/22/2022 104​ REPLY TO RESPONSE to Motion by Derick Irisha Brown re 99 Response to Motion, 93 MOTION to Suppress Statements (Butler, Kevin) (Entered: 08/22/2022) 08/29/2022 105​ ORDER as to dft Derick Irisha Brown re 85 Motion to Dismiss Counts One and Two of the Indictment and 87 Motion to Quash the Writ of Habeas Corpus Ad Prosequendum; As grounds for her motion to dismiss counts one and two of the indictment, the defendant argues § 1201(a)(1), on its face and as applied in this case, is unconstitutional insofar as it exceeds the scope of Congress' power to regulate commerce. As grounds for her request that the court quash the writ of habeas corpus ad prosequendum, the defendant asserts (1) the federal government does not have a superior interest in prosecuting her that justifies interference with the earlier-instituted state prosecution and (2) she has an interest in resolving the state case first, given the penalty she faces in that proceeding is death. The court DENIES the defendant's motion to dismiss counts one and two of the indictment, 85 , and motion to quash the writ of habeas corpus ad prosequendum, 87 , for the reasons stated further within. Signed by Judge L Scott Coogler on 8/29/2022. (KBB) (Entered: 08/29/2022) 08/30/2022 106​ SUPERSEDING INDICTMENT as to Derick Irisha Brown (1) count(s) 1s, 2s. Please file all subsequent documents using the criminal case number assigned to this indictment. (Attachments: # 1 (SEALED) Signed Superseding Indictment) (KBB) (Entered: 08/31/2022) 08/31/2022 107​ TEXT ORDER as to dft Derick Irisha Brown: Setting Arraignment for Thursday, 9/22/2022, at 9:00 AM at the Federal Building, Tuscaloosa, AL before Judge L Scott Coogler. Signed by Judge L Scott Coogler on 8/31/2022. (KBB) (Entered: 08/31/2022) 09/08/2022 108​ MOTION to Withdraw Defendant's Motion to Exclude Statements Under Federal Rule of Evidence 410(a)(4) DOC 92 by Derick Irisha Brown. (Butler, Kevin) Modified on 9/8/2022 (KBB). (Entered: 09/08/2022) 09/09/2022 109​ ORDER withdrawing 92 Motion to Exclude as to Derick Irisha Brown (1); granting 108 Motion to Withdraw Document as to Derick Irisha Brown (1). Signed by Judge L Scott Coogler on 9/9/22. (Coogler, L) (Entered: 09/09/2022) 09/22/2022 ​ Minute Entry for proceedings held before Chief U.S. District Judge L Scott Coogler: Arraignment as to Derick Irisha Brown (1) Counts 1s and 2s held on 9/22/2022; deft present with court appointed counsel, FPD Kevin Butler, AFPDs Smith & Robertson; AUSAs Milner, Peeples, & Byrd; rights & charges explained; deft served superseding indictment, waived reading, not guilty plea entered; deft remanded to custody of USM (Court Reporter Lindy Fuller) (MEB2) (Entered: 09/22/2022) 09/22/2022 ​ Minute Entry for proceedings held before Judge L Scott Coogler: Suppression Hearing as to Derick Irisha Brown held on 9/22/2022; deft present with court appointed counsel, FPD Kevin Butler, AFPDs Smith & Robertson; AUSAs Milner, Peeples, & Byrd; court's opening remarks; gov't witness testimony (Det. T. Brown); gov't exhibits 1-9 identified & received; court orders ALL admitted exhibits to be SEALED; deft's exhibits 1A-1F, 2A-2C, & 3 identified & received; deft witness testimony (Dr. H. Griffith); deft's exhibits 4A & 4H identified & received; court's questions to deft witness; arguments by counsel; separate order to be entered; deft remanded to custody of USM; hrg adj (Court Reporter Lindy Fuller) (MEB2) (Entered: 09/23/2022) 09/23/2022 110​ *SEALED* EXHIBITS admitted on 9/22/2022 for Suppression Hearing by USA as to Derick Irisha Brown: Exhibit 1 - USB Drive (Attachments: # 1 Exhibit 2, # 2 Exhibit 3, # 3 Exhibit 4, # 4 Exhibit 5, # 5 Exhibit 6, # 6 Exhibit 7, # 7 Exhibit 8, # 8 Exhibit 9) (MEB2) (Entered: 09/23/2022) 09/23/2022 111​ *SEALED* EXHIBIT admitted on 9/22/2022 for Suppression Hearing by Derick Irisha Brown (Attachments: # 1 Exhibit 1A, # 2 Exhibit 1B - Disc, # 3 Exhibit 1C - Disc, # 4 Exhibit 1D, # 5 Exhibit 1E, # 6 Exhibit 1F, # 7 Exhibit 2A, # 8 Exhibit 2B - Disc, # 9 Exhibit 2C, # 10 Exhibit 3 - Disc, # 11 Exhibit 4A, # 12 Exhibit 4H) (MEB2) (Entered: 09/23/2022) CM/ECF - U.S. District Court Northern District of Alabama ecf.alnd.uscourts.gov

 

[Seattle1]

From 8/30/22 Docket Entry #106-- Superseding Indictment

CM/ECF - U.S. District Court Northern District of Alabama

ecf.alnd.uscourts.gov

 

[PommyMommy]

OCT 3, 2022

Trial in deadly kidnapping of Kamille ‘Cupcake’ McKinney set to begin today

Jury selection is expected to begin this morning in the case against Patrick Stallworth.

www.al.com

[...]

Jury selection is set to begin this morning in the case against 42-year-old Patrick Stallworth.

He and Derick Irisha Brown, 32, are both charged federally with kidnapping and conspiracy to kidnap a minor.

Brown’s trial is set for Nov. 14 in federal court in Tuscaloosa.

Both are charged with capital murder in state court.

No state trial dates have yet been set, but state prosecutors have said they will seek the death penalty.

[...]

 

[PommyMommy]

https://twitter.com/x/status/1576930581660766208

https://twitter.com/x/status/1576933338270633985

 

[girlhasnoname]

And so it begins, prayers for Cupcake's family and loved ones. They will endure more pain than we can imagine, I'm so sorry.

And for the jurors who will have to see and hear the horrible details. My heart goes out to everyone involved in bringing these monsters to justice.

#JUSTICE4KAMILLE

 

[mickey2942]

Kamille ‘Cupcake’ McKinney update: Marathon hearing discusses evidence in upcoming trial

It’s been nearly three years since Kamille ‘Cupcake’ McKinney was kidnapped and killed. The suspects, Patrick Stallworth and Derick Brown, are edging closer to their first trials.

www.wbrc.com

I have a lot of issues with "competency" evaluations.
Ms. Brown was cognitive enough in the community to perform activities of daily living without supervision. She was not living in a group home. But now, defense wants to play the "low IQ card".

Some people may have lower cognition, but Ms. Brown was certainly familiar with the legal system, and her choice to speak with LEO or not.

It may be more applicable to sentencing, whether Ms. Brown was a participant in the torture and death of "Cupcake", or if her partner was more active in "Cupcake's" death.

 

[Seattle1]

I can't think of another case I've followed where incident charges were split between federal and state courts. I know this case fit a certain criteria because the defendants were of no relation, and Cupcakes age, to warrant the federal kidnapping charge but it seemed to me-- given she was in fact murdered and facing the death penalty with the state that the federal prosecutor would have waived prosecution. Either that or hold off until the state trial was finished and prosecute if necessary. I'm mostly thinking of the family having to live these details inside a courtroom over and over.

 

[JerseyGirl]

Trial in deadly kidnapping of Kamille ‘Cupcake’ McKinney set to begin today

Jury selection is expected to begin this morning in the case against Patrick Stallworth.

al.com

Jury selection is set to begin this morning in the case against 42-year-old Patrick Stallworth.

Brown’s trial is set for Nov. 14 in federal court in Tuscaloosa.

No state trial dates have yet been set, but state prosecutors have said they will seek the death penalty.

 

[mickey2942]

@JerseyGirl I just read the article above. They are both depraved. It wouldn't even matter if they blame each other, have separate trials, whatever...complete disregard for human life and suffering, both of them.

I feel so sorry for the family of this little girl.

 

[PommyMommy]

OCT 3, 2022

First trial involving the disappearance of Kamille ‘Cupcake’ McKinney now underway

Patrick Stallworth will stand trial this week on federal kidnapping counts for the disappearance and death three-year old Kamille ‘Cupcake’ McKinney

www.wbrc.com

[...]

A sixteen member jury panel was seated late Monday afternoon, composed of thirteen women and three men.

The prosecution began and ended their opening statement with a picture of ‘Cupcake’.

“I am going to warn you. Some of this evidence you see will be difficult to see and hear, but we’re going to ask you do just that,” said Criminal Chief of the US Attorneys Officer in the Northern District Lloyd Peeples. “It’s the Governments responsibility to tell you about cupcakes last day. Her final hours.”

[...]

After the initial statements, the prosecution called its first witness. Cupcake’s mother April Thomas.

She described her last day with her daughter, and the emotional days that followed. While emotional, Thomas powered through the difficult experience and remained the only witness of the day.

Chief Judge Scott Coogler recessed for the day immediately after. The expectation is that a couple dozen other witnesses will be called in the days ahead and the judge is aiming to finish by the end of the week.

[...]

 

[PommyMommy]

OCT 3, 2022

‘It was an accident. That poor baby’s family,’ Man on trial in Kamille ‘Cupcake’ McKinney’s kidnapping texted

Patrick Stallworth’s attorney said his client is innocent and blamed the entire ordeal on his girlfriend, Derick Irisha Brown.

www.al.com

A text message sent by Patrick Stallworth just 10 days after the body of 3-year-old Kamille “Cupcake” McKinney’s body was found in a Jefferson County landfill read, “I’m sorry I did this. It was an accident. That poor baby’s family.’’

[...]

Stallworth’s attorney, Derrick Collins, said his client is innocent and blamed the entire ordeal on Brown.

“She’s the author behind all of this,’’ Collins said in his opening remarks. “He’s professed to the world his innocence.”

[...]

Peeples started by telling the jury about Kamille, who he described as a loving little girl who enjoyed playing with her brother and cousin, watching Peppa Pig and playing with bubbles.

“All the things that you would expect from an innocent and sweet 3-year-old girl,’’ Peeples said.

[...]

Peeples said the evidence will show that a search of Stallworth’s apartment turned up a mattress with a plastic cover on it. That mattress, he said, contained DNA from Stallworth, Brown and Kamille.

“We will also show you pictures from when Kamille’s body was found and of the autopsy on her body, pictures that no person should have to look at, pictures that Kamille’s mom still hasn’t even seen,’’ he said.

[...]

The prosecutor said they will also present evidence that when Kamille died, she had methamphetamine, Trazadone and Benadryl in her system.

[...]

Only Kamille’s shoes were left behind at Tom Brown Village which the girl’s mother would later find.

 

[Seattle1]

CC watched Peppa Pig and played with bubbles...

Monsters!

 

[PommyMommy]

OCT 4, 2022

‘Cupcake got in the car with that man’: Testimony reveals new details in federal kidnapping trial

Patrick Stallworth will stand trial this week on federal kidnapping counts for the disappearance and death three-year old Kamille ‘Cupcake’ McKinney

www.wbrc.com

[...]

Day 2: Tuesday, October 4, 2022 - 12 p.m. update:

The government took jurors to the home where Kamille ‘Cupcake’ McKinney was kidnapped to begin day two of the trial.

Shenita Long lived in Tom Brown Village in Avondale where McKinney and her family visited on Oct. 12, 2019.

Long testified McKinney and her daughter Ava were best friends. When McKinney and her family arrived, Long said Ava and McKinney ran to play at a birthday party outside her apartment.

When it was time for McKinney and her family to leave, Long said McKinney’s older brother ran inside and said he couldn’t find her.

Long said her daughter looked startled.

“I asked Ava - where was Cupcake,” Long testified. “She said ‘Cupcake got in the car with that man, he took her to get candy at the store.’”

[...]

Less than an hour later, Long called 911 to report McKinney’s disappearance.

Body camera video from the responding officer showed Long, McKinney’s mother, April Thomas, and several children outside searching for McKinney. The children gave the officer a vehicle description: a blue Toyota with a brown bumper. Evidence showed the vehicle registered to Derick Brown, Stallworth’s girlfriend and co-defendant, was a blue Toyota Sequoia with gold trim.

The government also called the FBI Case Agent Eric Salvador, who recounted the initial days of the investigation and how the agency developed its case.

Assistant United States Attorney Lloyd Peeples used Salvador’s testimony to introduce various surveillance videos he collected during the investigation. The videos reconstructed Stallworth and Brown’s movements throughout the day McKinney was kidnapped. One of the videos shows Stallworth purchasing candy around noon at a service station, which parallels to testimony McKinney was lured away with candy. Another video showed the defendants stopping at a service station in the blue Toyota SUV later that day. Brown was seen exiting the passenger door and walked inside the store. The court recessed for lunch after noon; testimony will resume after 1 p.m.

[...]

 

[PommyMommy]

OCT 4, 2022

Defendant in Kamille McKinney’s deadly abduction offered kids candy, witnesses say: ‘Cupcake got in the car’

Patrick Stallworth had been confronted multiple times about offering children candy in his Center Point apartment complex, witnesses said.

www.al.com

[...]

Long was one of at least nine witnesses to take the stand Tuesday, including a 14-year-old who said Stallworth, 42, approached her earlier that Saturday, Oct. 12, 2019, and offered her candy.

Other witnesses included a neighbor of Stallworth who said he had been confronted multiple times about offering candy to children in the Center Point apartment complex where he lived.

A woman also said she confronted Stallworth and his girlfriend, Derick Brown, because they were parked in front of her home where her own children usually played.

Evidence presented to the jury included a bloodstained plastic mattress covering taken from Stallworth and Brown’s apartment, as well as a store receipt showing Stallworth had bought $18.91 worth of candy from the Shell service station near Tom Brown Village.

[...]

Stallworth’s lawyer, Birmingham attorney Derrick Collins, during cross examination, said that Stallworth bought a lot of candy because he was trying to quit smoking.

[...]

FBI Special Agent Jonathan Spaeth, who is based out of Missouri, is on the FBI’s Child Abduction Rapid Deployment team and was sent to Birmingham on Oct. 14, 2019, to join in the search for Cupcake.

He, along with several Birmingham police detectives, interviewed Stallworth who told them he and Brown were at Tom Brown Village so that Brown could talk to the father of her children. At that point, Brown did not have custody of any of her six kids.

Stallworth told investigators he got out of the SUV to walk around because he didn’t get along with the man Brown was going to talk to and he didn’t want to get into a fight with him.

While he was walking around, Stallworth said, he encountered what is believed to be Cupcake and Ava, and said they were playing with a mouse trap that contained a mouse.

Stallworth said he told the children, “Nah, don’t play with that,” and offered them some Now and Later candy, which again he said he had because he was trying to quit smoking.

That encounter was captured on the video surveillance system from a home that backs up to Tom Brown Village. The encounter took place at 8:02 p.m., which is when authorities believe Cupcake was abducted.

[...]

 

[Seattle1]

Shoutout to WBRC/6 staff reporters for attending this federal court trial and providing us with this coverage.

 

[PommyMommy]

Jury finds Stallworth guilty on kidnapping, conspiracy charges in disappearance, death of Kamille ‘Cupcake’ McKinney

Patrick Stallworth will stand trial this week on federal kidnapping counts for the disappearance and death of 3-year-old Kamille ‘Cupcake’ McKinney.

www.wtok.com

[...]

Day 2: Tuesday, October 4, 2022 - final update:

[...]

The government used surveillance video to reconstruct a timeline of Stallworth’s day which started around noon. An initial video shows Stallworth purchasing candy at a service station, other video later that afternoon showed what appears to be the Toyota Sequoia registered to Stallworth’s co-defendant Derick Brown stop and speak to some girls walking near Hayes K-8 school.

A 14-year-old girl who attended athletic practice at Hayes testified that she and her friend were stopped by a man and woman in the Toyota as they walked home. Her testimony revealed the man, who’s suspected to be Stallworth, asked her if she’d seen someone they were looking for, then asked her if she wanted any candy. The teen said that’s when her friend spoke up.

“She told me to run,” the student said. “We ran down the alley in the projects.”

When asked if she could pick that man out in the courtroom, there was strong hesitation. Stallworth looks noticeably different from his mugshot taken in 2019.

A grainy piece of video from a neighbor’s surveillance camera showed a man approach two toddler-aged children playing in a field. The FBI Agent Jonathan Spaeth testified the time of the video correlates with the timeframe Cupcake was reported missing.

[...]

“This was right near Cupcake’s house [where she was that night], this toddler is wearing shorts, I know she was wearing shorts.” Other evidence, including statements Stallworth made to police pointed to him being at Tom Brown Village that evening. According to video from one of his interviews with Birmingham Police, he and Brown were in Tom Brown Village searching for the father of Brown’s children.

The final video showed the Toyota Sequoia pull up to another service station after the time Cupcake was reported missing. Brown is seen exiting the passenger door and walking inside the business, which is consistent with testimony that Stallworth was driving that night.

FBI Agent Kyle King testified that he was part of the group that served a search warrant at Stallworth’s apartment on October 18, 2019, days after the disappearance. At this time, search efforts to locate Cupcake were still underway. The prosecution filed through pictures of the apartment as the FBI found it, showing a picture of a mattress with a plastic cover with a noticeable a red stain. The cover appeared to be consistent with the plastic material that often covers new mattresses.

Today the jury was able to see that plastic cover in person. Two FBI agents opened the evidence packaging and unfolded it in front of the jury. During opening statements, the prosecution said an expert witness would testify that both defendants DNA and Cupcake’s DNA were found on a plastic mattress cover inside Stallworth’s apartment.

The government called nearly a dozen witnesses Tuesday. They’re expected to have at least one more day full day of testimony before resting their case. The trial resumes Wednesday morning.

[...]

 

[PommyMommy]

Testimony reveals disturbing details surrounding Cupcake McKinney’s death

Patrick Stallworth will stand trial this week on federal kidnapping counts for the disappearance and death of 3-year-old Kamille ‘Cupcake’ McKinney.

www.wsfa.com

Day 3: Wednesday, October 5, 2022 - 12 p.m. update:

Some of the information in this update may be difficult to read or inappropriate for some audiences.

[...]

The first witness of the day: Birmingham Police Detective Jonathan Ross, who oversaw the investigation and massive search effort.

The prosecution spent more than an hour playing video and audio recordings from Stallworth’s interviews with police.

The jury first saw a portion of Stallworth’s initial recorded interview with police on Oct. 13, 2019. During that meeting, Stallworth said he was at Tom Brown Village, which correlated with the same day and time of Cupcake’s disappearance. Stallworth stated he walked around the area and saw children playing with a mouse, consistent with the video the jury saw on Tuesday, which showed a man approaching two toddlers at Tom Brown Village.

The second recording took jurors back to the interview room at BPD the day Cupcake’s body was recovered. Stallworth requested to speak to Ross.

Jurors attentively read the transcript off the screen as the lengthy audio recording played from that interview. During this meeting, Stallworth told police Brown brought a baby home and killed her.

[...]

He revealed to police that Brown wanted him to “do some things to the child,” referencing inappropriately touching the toddler.

An investigator asked Stallworth whether forensic examiners would find his DNA during Cupcake’s autopsy.

“She killed her,” sobbed Stallworth. “I tried to keep her from choking that baby.”

Police asked them to show how she choked the baby and he held up his hand over his nose and mouth, according to the recording.

[...]

Defense attorney Derrick Collins cross-examined Ross, asking the detective to confirm the statements Stallworth made to police that were true. Ross agreed Stallworth told the truth about being in Tom Brown Village and stopping at various service stations.

The court recessed at noon, testimony will resume at 1 p.m.

While the witnesses haven’t moved as quickly as expected, the government still believes it will rest Thursday.

[...]

 

[PommyMommy]

OCT 5, 2022

Kamille ‘Cupcake’ McKinney’s injuries described in emotional day of testimony

“I was involved in 9/11 ... that was one of the worst things I would experience in my career, until this," a retired FBI agent testified.

www.al.com

Retired FBI agent Stanley Ruffin described the horrific moment he found the decomposing body of 3-year-old Kamille “Cupcake” McKinney in a heap of trash at a Jefferson County landfill.

“I saw what I thought was a doll just laying there,’’ an emotional Ruffin testified. “And I realized it wasn’t doll.”

[...]

“I was involved in 9/11 and I thought that was one of the worst things I would experience in my career, until this,’’ he said. “I had never dealt with a child.”

Ruffin said all involved in the recovery had to receive counseling, and Ruffin retired from the FBI a short time later. ...

[...]

During Ruffin’s testimony, jurors were shown photos of the landfill, and then photos of the discovery of Cupcake’s body.

The photos were not shown to the court spectators, and a barrier screen was placed in front of Cupcake’s family so they could not see the photos on the jurors’ monitors.

[...]

He said Brown had been molested as a child and wanted Stallworth to do the same things to Cupcake.

“We was freaky, you know what I’m saying,’’ Stallworth told the detectives, but said what Brown was suggesting was “too far.”

[...]

He said he went to sleep and when he woke up, the baby was gone, and his girlfriend was beside him. They had sex, he told detectives.

Eventually, Stallworth told detectives that his girlfriend killed Cupcake. “I think she choked her. She might have choked her,’’ he said.

[...]

Dye testified that Cupcake had two small abrasions on her back, as well as abrasions on the back of left arm and elbow, which he described as blunt force injuries – either she hit something hard or something hard hit her, he said.

There were also three abrasions on her left buttock and thigh.

The autopsy also showed Cupcake had contusions – or bruises – on the right side of her forehead and face, which he said is consistent with something pushing against the area or being “held down and pressed against a hard object.”

[...]

Toxicology testing, Dye said, showed Cupcake had Trazodone – an anti-depressant for which Stallworth says he had prescription for sleep – Benadryl and methamphetamine in her system. Benadryl, he said, is used as a “cutting agent” with illicit drugs.

[...]

Dye said he could not say what effect the drugs had on Cupcake but concluded, “Methamphetamine and Trazodone are part of the reason she died.”

Under cross examination, Dye acknowledged that there were no genital or anal injuries to Cupcake, nor any evidence found around her mouth area to indicate sexual abuse or trauma.

[...]

 

[Seattle1]

On day 3, thus far it seems testimony is going as I recall Stallworth telling investigators in 2019:

According to Stallworth, Brown has 6 children that were living with their father, and they went to Tom Brown Village so that Brown could talk to the father of her children.

We know that Stallworth had offered candy to random girls of all ages -- fortunately, the older girls ran from him. (He allegedly carried around $19 of candy to help him stop smoking).

Stallworth alleged Brown really wanted a child because she lost custody of her 6 children to their father.

After they lured CC to their van with candy, they took her to their apartment. (Now Stallworth doesn't remember how CC and Brown got to the apartment together).

Stallworth says Brown wanted them to SA the baby in freaky ways that she claimed to have been assaulted as a child and when he refused, Stallworth thinks she killed CC. On the day CC's body recovered (10 days later) Stallworth asked to talk to Detective Ross and demonstrated to investigators how he thinks she killed CC which is consistent with the autopsy.

I've been anxious to learn about the testimony of the ME that performed CC's autopsy and am especially glad to read there does not appear to be evidence that the baby was SA.

Stallworth claims he kept telling Brown she needed to return CC to her family and one morning when he woke up to Brown sleeping next to him, CC was gone.

IMO, I've always believed that Brown killed CC out of anger about her own kids, upset Stallworth didn't want to join Brown to do "freaky" with the baby, and probably anger about her own childhood trauma, but I think Stallworth was responsible for disposing of CC inside the dumpster like she was nothing more than refuse.

We know that during her capture, they also feed CC Trazodone, Benedryl, and meth.

From the forensic pathologist Dr Dye, MD:

Dye explained the decomposition in this case posed a challenge to his work. He confirmed Cupcake had a contusion on her head, pointing toward the hairline area, with swelling on the side of the face that could be associated with blunt force trauma.

Dye ruled the cause of death in this case asphyxia, or suffocation, and agreed that injury could be associated with the head being pressed down against a hard object. This is consistent with a recorded statement Stallworth made to police, explaining his girlfriend Derick Brown killed Cupcake by putting her hand over the child’s nose and mouth until she couldn’t breathe.

The toxicology report also found methamphetamine and Trazadone in the child’s system, stating this also played a role in Cupcake’s death.

Again, Dye said, evidence indicates Cupcake was alive when she ingested the drugs.

Dye said he could not say what effect the drugs had on Cupcake but concluded, “Methamphetamine and Trazodone are part of the reason she died.”

Under cross examination, Dye acknowledged that there were no genital or anal injuries to Cupcake, nor any evidence found around her mouth area to indicate sexual abuse or trauma.

Kamille ‘Cupcake’ McKinney’s injuries described in emotional day of testimony

“I was involved in 9/11 ... that was one of the worst things I would experience in my career, until this," a retired FBI agent testified.

www.al.com