Former Miss Hoopa, Kayla Brown was supposed to sentenced this afternoon. Judge John Feeney had accepted a conditional plea on December 4. The victim's family, particularly her mother, changed her mind. The People asked the plea be rejected.
After Judge Feeney announced his tentative decision to reject the plea deal, there were arguments presented by both attorneys, District Attorney Maggie Fleming for the People, Deputy District Attorney Brie Bennett, who prosecuted the case, was present in court as well. Mr. Ben McLaughlin was present with his client. The final decision was that the conditional plea was rejected.
New jury trial date with original charges is scheduled for April 25, 2016. Trail confirmation is April 11 at 2 p.m.in Courtroom 1.
The People and the Court cited that the original plea deal did not reflect the conduct alleged in this case. The victim's family wanted to be present on December 4 but could not be there, they had a requested a special setting that had been denied, said Ms. Fleming.
Judge Feeney acknowledging the difficulty for both families, said that he had mentioned that the plea was conditional, he reminded defense that he had been hesitant to accept the plea last month, that he took two breaks and hesitantly accepted the plea deal because he understood the resolution was acceptable to both parties were in agreement. Judge Feeney said that a preliminary hearing had been waived in this case, so he did not have a transcript but since he accepted the conditional plea, he had time to review, reflect and learn more about the case through the probation report.
He said the charge of PC 236 of false imprisonment did not reflect the alleged criminal conduct in this case.
Judge Feeney referred to page 19 of the probation report which stated that the "charges to which Ms. Brown plead to do not reflect the alleged criminal conduct."
Mr. McLaughlin advocated passionately twice to Judge Feeney to get him to change his tentative decision. He told Judge Feeney that the negotiated disposition had been arrived after discussion over three to four months. The victim's family agreed to that resolution. "I don't know how the family's emotion affected the DA's office. I am blinsided by this"
"Homosexuality is a taboo issue in the society she lives," said Mr. McLaughlin. He said he was not insulting any culture and that is what he had been told. He said his client had suffered public humiliation, that due to sexual orientation she could no longer participate in tribal ceremonies.
Referring to his sentencing memorandum, Mr. McLaughlin mentioned that Brown was "a sexually immature person struggling with her sexuality, she found a person who accepted her.I am not saying that the conduct was okay."
Ms. Fleming told Judge Feeney that the People accepted the plea last month because it was the victim and her family chose that negotiated disposition at that time, instead of going through a jury trial.
"Plea bargains should ultimately reflect the conduct of the individual, this plea did not reflect the conduct in this case," said Ms. Fleming. "
"This is not about emotion, " said Ms. Fleming. "It is about the criminal justice system honestly reflecting on a decision. We only agreed to the plea due to the victim's desire not to have a trial."
Dec 4, 2015
Judge Feeney initially hesitant, accepts conditional plea from former Miss Hoopa Kayla Brown for false imprisonment and degrading, immoral conduct in the presence of a child with limited sex offender registration
Former Miss Hoopa, Kayla Brown, entered a change of plea this morning in Courtroom 1. After taking two breaks to review the declaration of the arrest warrant which the defense stipulated to as a factual basis and reviewing a psychiatrist's report on Brown, Judge Feeney said that he hesitantly accepted the plea deal.
"I am hesitant to accept the conditional plea," said Judge Feeney. Acknowledging that plea deals are a part of resolving some cases, Judge Feeney expressed concerns about the amended counts being supported by the declaration for the arrest warrant, the victim's feelings and the limited sex offender registration for just five years.
Deputy District Attorney Zachary Curtis was in court for his colleague DDA Brie Bennett today, who has been prosecuting this case. Mr. Ben McLaughlin was present with his client Brown.Judge Feeney asked if Mr. Curtis had seen Dr. Jessica Ferrente's 288.1 report. Judge Feeney was also informed that DA Maggie Fleming was aware of the deal and Mr. Curtis told him that there had been extensive discussions with the victim and family members, "it is not the preferred disposition but my understanding is that they will go along with it."
Mr. McLaughlin told Judge Feeney that according to Dr. Ferrente's report, Brown was at a very low risk to reoffend.
Mr. McLaughlin told Judge John Feeney that as a part of the agreed disposition and plea, "The People move to amend the information and add Counts 5 and 6." Brown agreed to plead to Count 5 PC 236 which is false imprisonment, without force, fear or coercion. Although she plead to this as a felony, it is a wobbler and can be charged as a misdemeanor. Mr. McLaughlin told Judge Feeney that charge "will be reduced and dismissed eventually."
Count 6 is PC 273 (g) which is Lewdness or Drunkness in the presence of a Child. Judge Feeney when taking the plea, said "Degrading, immoral conduct in the presence of a child."
"The People are not requesting additional jail time, " said Mr. McLaughlin. The plea deal is for five years probation, Brown has to register as a sex offender but Mr. McLaughlin said that the plea deal was that only for the duration of probation. He added that she may petition for early termination of probation. "Neither offense she is pleading to requires registration but we agreed due to the negotiated plea. The probation officer would be aware but she would not be required to register on Megan's law"
DDA Zach Curtis added that the People had requested a stay away order.
In October, 21 year old Kayla Brown, was arraigned and charged with four counts of alleged sexual abuse against a minor victim under the age of 16 years. Count 1 Abnormal Sexual Interest in Children and arranging a meeting for that purpose PC 288.4 (b); Meeting a Minor for lewd purposes.
The complaint alleges that, "a felony was committed by Kayla Muriel Brown, who did unlawfully and motivated by an unnatural and abnormal sexual interest in children, arrange a meeting with Jane Doe, a minor and a person defendant believed to be a minor, for the purpose of exposing the genitals and public and rectal area of Jane Doe and defendant and to engage in lewd and lascivious behavior and did go to the arranged meeting place at and about the arranged time."
Count 2 Sexual penetration with a foreign object; [289.(i) any person over the age of 21 years who participates in an act of sexual penetration with another person who is under 16 years of age shall be guilty of a felony]
Count 3 288.3 (a) [288.3. (a) Every person who contacts or communicates with a minor, or attempts to contact or communicate with a minor, who knows or reasonably should know that the person is a minor, with intent to commit an offense specified in Section 207, 209, 261, 264.1, 273a, 286, 288, 288a, 288.2, 289, 311.1, 311.2, 311.4 or 311.11 involving the minor shall be punished by imprisonment in the state prison for the term prescribed for an attempt to commit the intended offense]
Count 4 PC 647.6 (a) which is child molestation/annoying a child.
Counts 1 to 4 were dismissed by the People after Brown entered her pleas of guilty.
Brown waived her preliminary hearing in September 2015. Mr. McLaughlin told Judge Feeney that this was because "we were in the midst of negotiations."
Judge Feeney advised Brown that after the probation report, the plea could be rejected and this was just a conditional plea at this time.
Both the victim's family and friends as well as defendant's family members and friends were in court today, as they have been for every hearing. Sentencing is on January 4 at 4 p.m. in Courtroom 1.
"I am hesitant to accept the conditional plea," said Judge Feeney. Acknowledging that plea deals are a part of resolving some cases, Judge Feeney expressed concerns about the amended counts being supported by the declaration for the arrest warrant, the victim's feelings and the limited sex offender registration for just five years.
Deputy District Attorney Zachary Curtis was in court for his colleague DDA Brie Bennett today, who has been prosecuting this case. Mr. Ben McLaughlin was present with his client Brown.Judge Feeney asked if Mr. Curtis had seen Dr. Jessica Ferrente's 288.1 report. Judge Feeney was also informed that DA Maggie Fleming was aware of the deal and Mr. Curtis told him that there had been extensive discussions with the victim and family members, "it is not the preferred disposition but my understanding is that they will go along with it."
Mr. McLaughlin told Judge Feeney that according to Dr. Ferrente's report, Brown was at a very low risk to reoffend.
Mr. McLaughlin told Judge John Feeney that as a part of the agreed disposition and plea, "The People move to amend the information and add Counts 5 and 6." Brown agreed to plead to Count 5 PC 236 which is false imprisonment, without force, fear or coercion. Although she plead to this as a felony, it is a wobbler and can be charged as a misdemeanor. Mr. McLaughlin told Judge Feeney that charge "will be reduced and dismissed eventually."
Count 6 is PC 273 (g) which is Lewdness or Drunkness in the presence of a Child. Judge Feeney when taking the plea, said "Degrading, immoral conduct in the presence of a child."
"The People are not requesting additional jail time, " said Mr. McLaughlin. The plea deal is for five years probation, Brown has to register as a sex offender but Mr. McLaughlin said that the plea deal was that only for the duration of probation. He added that she may petition for early termination of probation. "Neither offense she is pleading to requires registration but we agreed due to the negotiated plea. The probation officer would be aware but she would not be required to register on Megan's law"
DDA Zach Curtis added that the People had requested a stay away order.
In October, 21 year old Kayla Brown, was arraigned and charged with four counts of alleged sexual abuse against a minor victim under the age of 16 years. Count 1 Abnormal Sexual Interest in Children and arranging a meeting for that purpose PC 288.4 (b); Meeting a Minor for lewd purposes.
The complaint alleges that, "a felony was committed by Kayla Muriel Brown, who did unlawfully and motivated by an unnatural and abnormal sexual interest in children, arrange a meeting with Jane Doe, a minor and a person defendant believed to be a minor, for the purpose of exposing the genitals and public and rectal area of Jane Doe and defendant and to engage in lewd and lascivious behavior and did go to the arranged meeting place at and about the arranged time."
Count 2 Sexual penetration with a foreign object; [289.(i) any person over the age of 21 years who participates in an act of sexual penetration with another person who is under 16 years of age shall be guilty of a felony]
Count 3 288.3 (a) [288.3. (a) Every person who contacts or communicates with a minor, or attempts to contact or communicate with a minor, who knows or reasonably should know that the person is a minor, with intent to commit an offense specified in Section 207, 209, 261, 264.1, 273a, 286, 288, 288a, 288.2, 289, 311.1, 311.2, 311.4 or 311.11 involving the minor shall be punished by imprisonment in the state prison for the term prescribed for an attempt to commit the intended offense]
Count 4 PC 647.6 (a) which is child molestation/annoying a child.
Counts 1 to 4 were dismissed by the People after Brown entered her pleas of guilty.
Brown waived her preliminary hearing in September 2015. Mr. McLaughlin told Judge Feeney that this was because "we were in the midst of negotiations."
Judge Feeney advised Brown that after the probation report, the plea could be rejected and this was just a conditional plea at this time.
Both the victim's family and friends as well as defendant's family members and friends were in court today, as they have been for every hearing. Sentencing is on January 4 at 4 p.m. in Courtroom 1.
Nov 18, 2015
Resolution expected in case for former Miss Hoopa charged with four counts of alleged abuse including abnormal sexual interest in children
This afternoon at 2 p.m. a hearing was scheduled to set a jury trial date for former Miss Hoopa, Kayla Brown, who is charged with four counts of alleged abuse against a minor female victim under the age of 16.
Deputy District Attorney Brie Bennett is prosecuting the case. Mr. Ben McLaughlin is representing Brown.
Today, a jury trial date was supposed to be set. Brown has signed a 977 former, a waiver of personal appearance for certain hearings and was not in court. Her family was not present either. The victim's family was present.
Mr. McLaughlin told Judge Joyce Hinrichs that "I am fairly certain there will be a resolution."
DDA Bennett agreed that there is an anticipated plea and said she had spoken with the victim and the victim's family last night.
"I will counsel my client to accept the offer," said Mr. McLaughlin.
Next court date is December 4 at 9:30 a.m.
Deputy District Attorney Brie Bennett is prosecuting the case. Mr. Ben McLaughlin is representing Brown.
Today, a jury trial date was supposed to be set. Brown has signed a 977 former, a waiver of personal appearance for certain hearings and was not in court. Her family was not present either. The victim's family was present.
Mr. McLaughlin told Judge Joyce Hinrichs that "I am fairly certain there will be a resolution."
DDA Bennett agreed that there is an anticipated plea and said she had spoken with the victim and the victim's family last night.
"I will counsel my client to accept the offer," said Mr. McLaughlin.
Next court date is December 4 at 9:30 a.m.
Oct 28, 2015
Former Miss Hoopa arraigned for four counts of alleged abuse including abnormal sexual interest in children
21 year old Kayla Brown, former Miss Hoopa, charged with four counts of alleged sexual abuse against a minor victim under the age of 16 years was arraigned this afternoon. Deputy District Attorney Brie Bennett is prosecuting the case. Mr. Ben McLaughlin is representing Brown. Today, Rebecca Linkous appeared on behalf of Mr. McLaughlin in court.
DDA Roger Rees appeared for his colleague, Ms. Bennett. Ms. Linkous said that the defense is "in active negotiations" with Ms. Bennett, case may resolve. Next court date is November 18 for setting.
Brown was arraigned on with four counts. Count 1 Abnormal Sexual Interest in Children and arranging a meeting for that purpose PC 288.4 (b); Meeting a Minor for lewd purposes.
The complaint alleges that, "a felony was committed by Kayla Muriel Brown, who did unlawfully and motivated by an unnatural and abnormal sexual interest in children, arrange a meeting with Jane Doe, a minor and a person defendant believed to be a minor, for the purpose of exposing the genitals and public and rectal area of Jane Doe and defendant and to engage in lewd and lascivious behavior and did go to the arranged meeting place at and about the arranged time."
Count 2 Sexual penetration with a foreign object; [289.(i) any person over the age of 21 years who participates in an act of sexual penetration with another person who is under 16 years of age shall be guilty of a felony]
Count 3 288.3 (a) [288.3. (a) Every person who contacts or communicates with a minor, or attempts to contact or communicate with a minor, who knows or reasonably should know that the person is a minor, with intent to commit an offense specified in Section 207, 209, 261, 264.1, 273a, 286, 288, 288a, 288.2, 289, 311.1, 311.2, 311.4 or 311.11 involving the minor shall be punished by imprisonment in the state prison for the term prescribed for an attempt to commit the intended offense]
Count 4 PC 647.6 (a) which is child molestation/annoying a child.
DDA Roger Rees appeared for his colleague, Ms. Bennett. Ms. Linkous said that the defense is "in active negotiations" with Ms. Bennett, case may resolve. Next court date is November 18 for setting.
Brown was arraigned on with four counts. Count 1 Abnormal Sexual Interest in Children and arranging a meeting for that purpose PC 288.4 (b); Meeting a Minor for lewd purposes.
The complaint alleges that, "a felony was committed by Kayla Muriel Brown, who did unlawfully and motivated by an unnatural and abnormal sexual interest in children, arrange a meeting with Jane Doe, a minor and a person defendant believed to be a minor, for the purpose of exposing the genitals and public and rectal area of Jane Doe and defendant and to engage in lewd and lascivious behavior and did go to the arranged meeting place at and about the arranged time."
Count 2 Sexual penetration with a foreign object; [289.(i) any person over the age of 21 years who participates in an act of sexual penetration with another person who is under 16 years of age shall be guilty of a felony]
Count 3 288.3 (a) [288.3. (a) Every person who contacts or communicates with a minor, or attempts to contact or communicate with a minor, who knows or reasonably should know that the person is a minor, with intent to commit an offense specified in Section 207, 209, 261, 264.1, 273a, 286, 288, 288a, 288.2, 289, 311.1, 311.2, 311.4 or 311.11 involving the minor shall be punished by imprisonment in the state prison for the term prescribed for an attempt to commit the intended offense]
Count 4 PC 647.6 (a) which is child molestation/annoying a child.
Sep 22, 2015
Former Miss Hoopa charged with alleged abuse of female minor waives preliminary hearing
Today, a preliminary hearing was scheduled for Kayla Brown, the former Miss Hoopa charged with alleged abuse of a minor female victim.
Brown was in court with her attorney, Mr. Ben McLaughlin and members of her family.
The victim and her family were not in court but present in the building.
Visiting Judge Thomas Breen was calling the calendar today in Courtroom 8.
DDA Brie Bennett is prosecuting the case.
Brown waived her right to a preliminary hearing today. She also waived time for arraignment.
Discussions about a possible resolution are occurring and the case may resolve before arraignment.
Arraignment on information is scheduled for October 28 at 2 p.m. in Courtroom 1.
No other media was in court this morning.
Brown was in court with her attorney, Mr. Ben McLaughlin and members of her family.
The victim and her family were not in court but present in the building.
Visiting Judge Thomas Breen was calling the calendar today in Courtroom 8.
DDA Brie Bennett is prosecuting the case.
Brown waived her right to a preliminary hearing today. She also waived time for arraignment.
Discussions about a possible resolution are occurring and the case may resolve before arraignment.
Arraignment on information is scheduled for October 28 at 2 p.m. in Courtroom 1.
No other media was in court this morning.
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