Kayla Brown can move back to her home, attend family functions and have contact with minors if parents give permission

A hearing on the Public Defender's motion to modify probation was held on February  27 because Kayla Brown is requesting that she be allowed to be around her family member's children, without adult supervision. The case was referred to probation for a supplemental report.

Judge Christopher Wilson issued a ruling on that motion this morning.

Judge Wilson granted the public defender's motion with very specific conditions asking Deputy Public Defender Ben McLaughlin to submit an order. He did indicate that "sex offender treatment may object to the order and that he would have to further modify that court order.

Before Judge Wilson issued his ruling, he listened to input from Mr. McLaughlin and Deputy District Attorney Carolyn Schaffer.

Mr. McLaughlin did not mince his words, especially about probation officer Emily Mendes and Candee McCovey.  Referring to why he had to turn in letters from Kayla Brown,her family and character references directly to the court, Mr. McLaughlin said that probation refused to attach them to their report. Mr. McLaughlin said that it was incorrect of probation to say that this was because Kayla Brown did not care about the letters.

"Ms. Schaffer read erroneous information about Candee McCovey and the Browns," said Mr. McLaughlin. There is no relationship between Candee McCovey and the Brown family. Probation included a letter from a non-victim but did not include letters from the defendant's family."

"This is not to minimize what happened but this is not the process to settle petty differences," said Mr. McLaughlin. He said that Candee McCovey was using the legal process.

"This case is not about pedophilia," said Mr. McLaughlin. "It is about someone making a mistake experimenting with her sexuality. We take chances and OR people."

He asked his client be allowed to move back to her family home where she has a support network. Mr. McLaughlin said that Kayla Brown voluntarily moved out of her family home without the court asking her to do so.

"I understand counsel's concerns," said Ms. Schaffer. "The defendant should participate in treatment before modification." She said that Kayla Brown should only be allowed back in family home with supervision. The other issue is how do you define family."

"I think what is appropriate is that Ms. Brown be allowed to move home and go home to family functions," said Judge Wilson. "To enforce it, I need a list of household members; immediate family members and names of children under 18. There can be unsupervised contact with permission of the parents. She can attend family events with designated adults." Judge Wilson asked for three names to be submitted who will be listed as designated adults on the court order.

On February 11, the former pleaded guilty to sexual penetration of a minor under 16 years old and contact with a minor for sexual offense.  The alleged victim was a female minor. Brown has to register as a sex offender.

Judge John Feeney sentenced Brown to 120 days in jail, 150 hours of community service and 5 years of formal probation. Brown has to commit to jail on March 16.

Deputy District Attorney Carolyn Schaffer is the prosecutor for this case. Deputy Public Defender Ben McLaughlin is representing Brown.


Previous post:
https://johnchiv.blogspot.com/2019/02/court-refers-motion-to-kayla-browns.html?m=1#more