KAMILLE 'CUPCAKE' MCKINNEY: Alabama vs. Derick Irisha Brown & Patrick Stallworth *GUILTY OF KIDNAPPING*

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Suspects in deadly kidnapping of Kamille ‘Cupcake’ McKinney will not face federal death penalty​

Federal authorities won’t seek the death penalty in the 2019 deadly kidnapping of Kamille “Cupcake” McKinney.

Patrick Stallworth, 42, and Derick Irisha Brown, 31, were indicted federal of kidnapping and conspiracy to kidnap a minor.

The decision whether to seek the death penalty in federal court was up to the U.S. Attorney General, authorities said at the time of the pair’s federal indictment in 2020.

On Thursday, federal prosecutors filed notices that the U.S. will not seek the death penalty against Stallworth or Brown.

If convicted federally, they could face life in prison without the possibility of parole. A federal trial date has not been set.

A state trial date has not yet been set, but Jefferson County prosecutors said they intend to seek the death penalty. A gag order in the state cases remains in effect.
 

Suspects in deadly kidnapping of Kamille ‘Cupcake’ McKinney will not face federal death penalty​

Federal authorities won’t seek the death penalty in the 2019 deadly kidnapping of Kamille “Cupcake” McKinney.

Patrick Stallworth, 42, and Derick Irisha Brown, 31, were indicted federal of kidnapping and conspiracy to kidnap a minor.

The decision whether to seek the death penalty in federal court was up to the U.S. Attorney General, authorities said at the time of the pair’s federal indictment in 2020.

On Thursday, federal prosecutors filed notices that the U.S. will not seek the death penalty against Stallworth or Brown.

If convicted federally, they could face life in prison without the possibility of parole. A federal trial date has not been set.

A state trial date has not yet been set, but Jefferson County prosecutors said they intend to seek the death penalty. A gag order in the state cases remains in effect.
Hmm. I was at first going to react to no death penalty but the state is seeking one. GOOD. Why federal isn't I have no clue but they SHOULD if it FITS. I don't understand why after all of this time NO trial date is set in either though...?
 
Trial nears for suspect in Kamille 'Cupcake' McKinney case
After almost three years, one of the two people charged in the death of three-year-old Kamille "Cupcake" McKinney is set to go on trial in federal court.

There was a suppression hearing Morning in Federal Court in Tuscaloosa. The hearing started at 9:30 and lasted until about 12:15pm.

The question is whether a portion of video of an interview Patrick Stallworth had with Birmingham Detectives will be admissible in his upcoming federal trial.

This hearing gave the judge the opportunity to hear the defense's motion to oppress statements made by Stallworth.



Preliminary trial for suspects in Kamille 'Cupcake' McKinney kidnapping pushed back​

The two suspects in the murder of Kamille “Cupcake” McKinney are set to be tried for capital murder in state court. However, the preliminary hearing set for Wednesday has been pushed back once again.

The two suspects are still waiting to be tried first on federal kidnapping counts before trial in state court.
 

Judge rules on evidence ahead of first trial involving kidnapping, murder of Kamille ‘Cupcake’ McKinney​

A judge cleared the way for statements Patrick Stallworth made to Birmingham Police to be used in his upcoming federal trial.

Stallworth and his co-defendant Derick Brown are charged with state and federal counts connected to the 2019 kidnapping and death of three year old Kamille ‘Cupcake’ Mckinney. Both will stand trial individually in federal court on kidnapping charges in 2022 and will likely go to trial on state capital murder counts in 2023.

During a hearing in early August, defense attorney Derrick Collins argued Stallworth’s rights were violated when he asked for an attorney during an interview with investigators in 2019. He alleged the investigators continued to engage Stallworth instead of ending the conversation. The law requires police to cease communication if a suspect invokes their right to an attorney.

Stallworth met with police five times during the course of the investigation. His defense team filed a motion to suppress statements he made to police during their fourth meeting on October 22, 2019, prior to being charged with Capital Murder.

Federal District Judge Scott Coogler denied the motion to suppress Stallworth’s statements. In the order, Coogler explained the investigators followed proper protocol, noting after Stallworth asked for an attorney both detectives ended the interview and were walking out of the room when Stallworth reengaged them.

“There is no doubt that Stallworth did in fact indicate such a desire to discuss the investigation a few moments later when he stated to Detective Ross as he was again attempting to leave the room: ‘Look, detective. Talk to me. Talk to me,’” Coogler’s order cited.

It’s unclear what Stallworth said to police during that meeting. He’s scheduled to stand trial for federal kidnapping counts in October.
 

Evidence list in trial of man charged in Birmingham toddler's 2019 kidnapping, killing​

Court documents obtained by WVTM 13 on Tuesday revealed evidence federal prosecutors plan to introduce in the trial of Patrick Stallworth, the man charged in the 2019 kidnapping and killing of 3-year-old Kamille "Cupcake" McKinney in Birmingham, Alabama. Learn more about the four pieces of key evidence in the case against Stallworth in the video above.

Evidence to be Introduced at Trial:
  1. Images of Child Pornography on Stallworth’s Phone
  2. Stallworth Selling or Having Knowledge of Methamphetamine
  3. Stallworth’s Knowledge of Trazodone
  4. Stallworth Approaching Children and Offering Candy
Click here to read the evidence document filed in U.S. District Court Northern District of Alabama on Monday.
 

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. Both are charged with capital murder in state court and federal kidnapping counts. Both will first be tried separately in federal court then stand trial in state court where prosecutors are seeking the death penalty.

Thursday, September 22, 2022, Brown appeared in federal court for a seven-hour long hearing. The defense worked to keep some statements Brown made to Birmingham Police in the initial stages of the investigation from being used as evidence in her upcoming trial.

The defense argued Brown didn’t have the adequate mental capacity to decide whether to speak to police without attorneys present. Specifically, they want to suppress the answers given to police in two interviews with police without her attorneys.

The government showed video from numerous interviews with Brown and Birmingham Police officers to indicate Brown did understand her constitutional rights, which were read to her each time before an interview. The Birmingham Police Department also requires those who waive their right to an attorney to read and sign a form to acknowledge they understand their rights, which Brown did both times in question.



The defense called Dr. Henry Griffin, Ph.D., a neuropsychologist who practices in Fultondale, Alabama.

Griffin testified that Brown had a lower IQ than 98 percent of the population, according to his clinical evaluation. His report cited Brown has a severely low working memory index, brain processing speed and verbal comprehension index. Brown scored higher in perceptive reasoning.

Given the results of the evaluation, Griffin doubted whether Brown fully understood her rights prior to speaking with police.

“She did not,” Griffin answered as to whether Brown was fully aware of what she agreed to in at least two instances. “Especially considering the waiver [Brown signed] is written at a twelfth grade reading level.” Brown didn’t attend school past the eleventh grade. Griffin said it would be challenging for Brown given her lack of academic background and learning deficiencies.

“There’s consistency among her scores that either indicate that she wasn’t trying at all, which I don’t believe was the case while working with her, or that it reflects her difficulties,” Griffin explained.

Griffin was heavily questioned by District Judge Scott Coogler regarding his clinical assessments, which at moments, was challenging.

“When you roll your eyes, that is not a good thing to do to me,” Coogler said. “I have to make this decision, this is not a game.”


The government noted early in the hearing that they received late notice the defense would call an expert witness to testify in this suppression hearing. Prosecutors suggested they too may request another psychological evaluation prior to Brown’s trial, which is slated for November.
 

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

One of two suspects charged in the 2019 deadly kidnapping of Kamille “Cupcake” McKinney is expected to go on trial today in federal court in Birmingham.

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.

Prosecutors claim text implicates defendant in 'Cupcake' McKinney kidnapping trial
In Birmingham this week, opening statements have begun in the Kamille “Cupcake” McKinney kidnapping case. Already, prosecutors say they have proof that will lead to a jury finding the defendants guilty.

They say a text was sent by Patrick Stallworth to a member of his family 10 days after the body of the three-year-old was found in the Jefferson County landfill. Prosecutors say the text reads “I’m sorry I did this. It was an accident. That poor baby’s family.”

According to prosecutors, it’s just one piece of evidence they plan on using to prove Stallworth and his girlfriend Derick Irisha Brown carried out the 2019 abduction that resulted in the girl’s death.


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

Kamille “Cupcake” McKinney’s cousin and best friend – 3-year-old Ava – provided family members with the first clue about what may have happened the night she disappeared from Tom Brown Village public housing community.

“Cupcake got in the car with that man. He took her to get candy at the store,’’ Ava told her mother. “I not want no candy.”

Shenita Long, Ava’s mother, testified in the second day of the federal kidnapping trial against Patrick Stallworth.

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.


Testimony: Kamille ‘Cupcake’ McKinney was smothered to death​

Emotional testimony over the death of a 3-year-old girl who had been kidnapped days before her body was found in a dumpster was heard during the federal trial of one of her accused kidnappers.

Jonathon Ross, lead detective on the search and investigation of McKinney, was among the first people to testify Wednesday morning. During Ross’ time on the stand, the prosecution played an interview Ross and BPD conducted with Stallworth.

In the video, Stallworth said Brown was the one who kidnapped McKinney and killed her by putting her hand over her nose and mouth.

However, Stallworth’s defense countered with Brown admitting on video that she would lie if the police wanted her to.

Later in the day, Retired FBI Agent Stanley Ruffin took the witness stand and detailed how he discovered McKinney’s body in a Jefferson County landfill.

An emotional Ruffin said, with his voice cracking, “I saw what I thought was a doll. It wasn’t a doll. It was a little girl.”

The prosecution showed images from the discovery of the 3-year-old at the landfill. As the images were only allowed to be shown to the jury, a large whiteboard was wheeled into the courtroom to block the view of McKinney’s friends and family, who took up almost an entire section of the courtroom.

The media was also blocked from viewing the images, but as the images came across the screens in front of the jurors, several wiped tears from their eyes.

Chief U.S. District Judge Scott Coogler is presiding over the trial at the Hugo Black Courthouse and instructed the prosecution to only leave the images up on the screens for a matter of seconds.

The day’s testimony also included Forensic Pathologist Daniel Dye testifying that the antidepressant Trazodone, as well as Benadryl and methamphetamine, were found in the 3-year-old’s system. He also claimed the drugs played a role in McKinney’s death.

Under cross-examination by defense attorney Derrick Collins, Dye admitted that there was no evidence of any injuries associated with sexual abuse.

The prosecution is expected to call their final witnesses tomorrow before the defense begins calling witnesses to the stand. The trial will continue tomorrow.

The defense is expected to wrap up Thursday.
 

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

One of two suspects charged in the 2019 deadly kidnapping of Kamille “Cupcake” McKinney is expected to go on trial today in federal court in Birmingham.

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.

Prosecutors claim text implicates defendant in 'Cupcake' McKinney kidnapping trial
In Birmingham this week, opening statements have begun in the Kamille “Cupcake” McKinney kidnapping case. Already, prosecutors say they have proof that will lead to a jury finding the defendants guilty.

They say a text was sent by Patrick Stallworth to a member of his family 10 days after the body of the three-year-old was found in the Jefferson County landfill. Prosecutors say the text reads “I’m sorry I did this. It was an accident. That poor baby’s family.”

According to prosecutors, it’s just one piece of evidence they plan on using to prove Stallworth and his girlfriend Derick Irisha Brown carried out the 2019 abduction that resulted in the girl’s death.


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

Kamille “Cupcake” McKinney’s cousin and best friend – 3-year-old Ava – provided family members with the first clue about what may have happened the night she disappeared from Tom Brown Village public housing community.

“Cupcake got in the car with that man. He took her to get candy at the store,’’ Ava told her mother. “I not want no candy.”

Shenita Long, Ava’s mother, testified in the second day of the federal kidnapping trial against Patrick Stallworth.

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.


Testimony: Kamille ‘Cupcake’ McKinney was smothered to death​

Emotional testimony over the death of a 3-year-old girl who had been kidnapped days before her body was found in a dumpster was heard during the federal trial of one of her accused kidnappers.

Jonathon Ross, lead detective on the search and investigation of McKinney, was among the first people to testify Wednesday morning. During Ross’ time on the stand, the prosecution played an interview Ross and BPD conducted with Stallworth.

In the video, Stallworth said Brown was the one who kidnapped McKinney and killed her by putting her hand over her nose and mouth.

However, Stallworth’s defense countered with Brown admitting on video that she would lie if the police wanted her to.

Later in the day, Retired FBI Agent Stanley Ruffin took the witness stand and detailed how he discovered McKinney’s body in a Jefferson County landfill.

An emotional Ruffin said, with his voice cracking, “I saw what I thought was a doll. It wasn’t a doll. It was a little girl.”

The prosecution showed images from the discovery of the 3-year-old at the landfill. As the images were only allowed to be shown to the jury, a large whiteboard was wheeled into the courtroom to block the view of McKinney’s friends and family, who took up almost an entire section of the courtroom.

The media was also blocked from viewing the images, but as the images came across the screens in front of the jurors, several wiped tears from their eyes.

Chief U.S. District Judge Scott Coogler is presiding over the trial at the Hugo Black Courthouse and instructed the prosecution to only leave the images up on the screens for a matter of seconds.

The day’s testimony also included Forensic Pathologist Daniel Dye testifying that the antidepressant Trazodone, as well as Benadryl and methamphetamine, were found in the 3-year-old’s system. He also claimed the drugs played a role in McKinney’s death.

Under cross-examination by defense attorney Derrick Collins, Dye admitted that there was no evidence of any injuries associated with sexual abuse.

The prosecution is expected to call their final witnesses tomorrow before the defense begins calling witnesses to the stand. The trial will continue tomorrow.

The defense is expected to wrap up Thursday.
Pretty rare it is a stranger but this one was. I hope they both rot. I think they likely have ample evidence in this one.
 

Patrick Stallworth convicted in Kamille ‘Cupcake’ McKinney’s fatal kidnapping​

After less than an hour of deliberations, a jury on Friday convicted the man accused in the deadly 2019 kidnapping of a Birmingham 3-year-old.

Patrick Stallworth and his girlfriend planned all day and then carried out the deadly kidnapping of Kamille “Cupcake” McKinney three years ago, federal prosecutors said Friday.


Stallworth and Brown were both charged with - and Stallworth now convicted of - one count of kidnapping and one count of conspiracy to kidnap a minor victim. The jury further found that the minor victim’s death resulted from the kidnapping.

A jury returned with a verdict after less than an hour of deliberations.

Stallworth showed no emotion as the verdict was read.

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

A sentencing date has not yet been set. The U.S. Department of Justice previously ruled it will not seek the death penalty in the federal charges. Stallworth faces mandatory life without parole in his federal convictions.

“We expect the court will sentence him accordingly and Patrick Stallworth will never walk free again,’' said Lloyd Peeples, chief of the U.S. Attorney’s Criminal Division.


Stallworth and Brown still are charged with capital murder in state court. No state trial dates have yet been set.
 

Patrick Stallworth convicted in Kamille ‘Cupcake’ McKinney’s fatal kidnapping​

After less than an hour of deliberations, a jury on Friday convicted the man accused in the deadly 2019 kidnapping of a Birmingham 3-year-old.

Patrick Stallworth and his girlfriend planned all day and then carried out the deadly kidnapping of Kamille “Cupcake” McKinney three years ago, federal prosecutors said Friday.


Stallworth and Brown were both charged with - and Stallworth now convicted of - one count of kidnapping and one count of conspiracy to kidnap a minor victim. The jury further found that the minor victim’s death resulted from the kidnapping.

A jury returned with a verdict after less than an hour of deliberations.

Stallworth showed no emotion as the verdict was read.

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

A sentencing date has not yet been set. The U.S. Department of Justice previously ruled it will not seek the death penalty in the federal charges. Stallworth faces mandatory life without parole in his federal convictions.

“We expect the court will sentence him accordingly and Patrick Stallworth will never walk free again,’' said Lloyd Peeples, chief of the U.S. Attorney’s Criminal Division.


Stallworth and Brown still are charged with capital murder in state court. No state trial dates have yet been set.
The feds decided against the death penalty? I'd say it is certainly a case that deserves it Glad he was convicted.
 

Federal trial begins for woman accused of kidnapping Kamille 'Cupcake' McKinneyMonday morning, the trial for the second person charged in the kidnapping and murder of Kamille "Cupcake" McKinney will begin in federal court in Tuscaloosa.​

A jury was selected Monday in Tuscaloosa for the federal trial of a suspect in the kidnapping of a Birmingham 3-year-old three years ago.

Derick Brown faces federal kidnapping charges in the abduction of Kamille ‘Cupcake’ McKinney.

The jury was selected and seated Monday afternoon around 1:30 p.m. It included a total of 16 people, with alternates. Nearly two thirds of the jury were men.

The prosecution and defense both gave their opening statements.

The trial is set to continue Tuesday in Judge Scott Coogler's court room.
 

Derick Brown found guilty of kidnapping 3-year-old Kamille ‘Cupcake’ McKinney in Birmingham​

Following a trial that spanned a week, a jury found a woman guilty of kidnapping a 3-year-old girl from a party in Birmingham in 2019, turning up dead days later.

Derick Brown, 32, was found guilty of kidnapping that resulted in death and one count of conspiracy to kidnap a minor.


Brown and Stallworth are also facing capital murder charges in Jefferson County for McKinney’s death.
 

Patrick Stallworth, Derick Brown get life without parole in Kamille ‘Cupcake’ McKinney’s kidnapping​

Patrick Stallworth and Derick Irisha Brown on Friday were sentenced to life in federal prison without the possibility of parole in the 2019 deadly abduction 3-year-old Kamille “Cupcake” McKinney.

Both were found guilty of kidnapping that resulted in death and conspiracy to kidnap a minor victim Chief U.S. District Court Judge L. Scott Coogler, who presided over both trials, handed down the sentence Friday morning.

Assistant U.S. attorney Lloyd Peeples read a statement at Stallworth’s sentencing from Kamille’s mother, April Thomas, who cried as the statement was read.

“You knew what you did. You planned what you were going do to somebody’s kids. Unfortunately, that kid was my Cupcake,” the statement read.

“Did she call for me, her mother? I called for my Cupcake but she was gone because you took her. She never answered back and never came back because you took her, you took her life,” the statement continued.


Both still face trials in state court on capital murder charges, where they could receive the death penalty if tried and convicted.
 

Why double jeopardy isn’t a factor for the two convicted of kidnapping Kamille ‘Cupcake’ McKinney​

Many of you are probably curious why both Patrick Stallworth and Derick Brown are back in court.

The two were found guilty of federal kidnapping charges and sentenced to life in prison without the chance of parole just last Friday.

Retired judge and current Samford Law Professor John Carroll tells us the legal term is “dual sovereignty.” Basically, it means the state and federal system are two separate entities.

Many of you have likely heard the phrase double jeopardy and the idea that you can’t be tried for the same offense. The fifth amendment in our constitution provides protection from double jeopardy, but there are a few reasons why it isn’t a factor for either Stallworth or Brown.

“We have two separate, entirely separate court systems. You can be convicted in federal court, in state court, it doesn’t matter. You hear about the double jeopardy clause, ‘well, I can’t be tried twice for the same offense.’ That doesn’t work when you’re talking about federal and state. So you can have a separate federal and a separate state conviction on exactly the same offense,” said Carroll.

Another factor is that the two are facing different charges in the courts. In federal court they were found guilty of kidnapping, and it is in state that they will be tried for capital murder.
 

Derick Brown committed for mental evaluation ahead of trial for murder of 'Cupcake' McKinney​

Derick Brown made an appearance in state court Tuesday, where a judge ruled to commit her for mental evaluation and to restore competency ahead of the trial for the murder of Kamille 'Cupcake' McKinney.

Brown has been charged in state court with capital murder and faces a possible death penalty.


Brown's trial for the murder of McKinney is still set for April 2024. She is set to stand trial with her codefendant, Patrick Stallworth.

Stallworth, Brown sentenced to life in federal prison for 2019 fatal kidnapping of Kamille 'Cupcake' McKinney
 

Hearing looks ahead to trial for man accused of killing 3-year-old Kamille ‘Cupcake’ Mckinney​

Defendant Patrick Stallworth appeared in court for a pretrial hearing Monday. Stallworth is one of two people indicted on two capital murder counts. Stallworth and Derick Brown are both are accused of kidnapping and killing 3-year-old Kamille ‘Cupcake’ McKinney in 2019. The state is seeking the death penalty.

Jefferson County Circuit Judge Alaric May took up around ten motions, most of which were filed by the defense.

The judge did not rule on several of the defense’s motions as the information or situations either didn’t exist or had not arisen.

The defense’s motions involving the constitutionality of the death penalty and the request to rule the death penalty unconstitutional were denied.

Conversations during the hearing indicate there’s discussions underway to settle this case before trial. May denied the defense’s motion to set bail in the event a settlement is reached.

Stallworth’s trial is set for March 2024. Brown is also scheduled to stand trial next year.
 

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