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Thread: Death Penalty Trial Set for Derick Irisha Brown in 2019 AL Abduction and Slaying of Kamille McKinney

  1. #31
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    Capital murder trials set for Patrick Stallworth, Derick Brown in killing of Kamille ‘Cupcake’ McKinney

    By Carol Robinson
    AL.com

    Capital murder trial dates have been set for Patrick Stallworth and Derick Irisha Brown who, earlier this year, 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 in federal court of kidnapping that resulted in death and conspiracy to kidnap a minor victim.

    Now they face a possible death sentence if they are convicted in state court.

    Stallworth’s trial is set for March 11, 2024. Brown’s trial is set for April 8, 2024.

    Earlier this week, Jefferson County Circuit Judge Alaric May ordered Brown transferred to a mental facility for evaluation.

    Brown is represented by Adam Danneman and Blair Shores of the Jefferson County Public Defender’s Office. Stallworth is represented by attorneys Derrick Collins and Rolando Rankin.

    Assistant District Attorneys Neal Zarzour and Misty Reynolds are prosecuting.

    Prosecutors contended that Stallworth and Brown planned all day to kidnap a child and did so on Oct. 12, 2019, at Birmingham’s Tom Brown Village public housing community.

    The motive, they have previously said, could have been for Stallworth’s sexual gratification or because Brown had lost custody of her six children and wanted another child.

    Stallworth and Brown were in a relationship at the time of the abduction.

    Testimony and evidence in both trials showed the couple’s movements all day that Saturday, which included a stop at a Shell service station near Tom Brown Village where Stallworth was seen on video buying $18.91 in candy.

    Then, a short time later, a 12-year-old girl said Stallworth stopped her as she was leaving cheerleading practice at Hayes K-8 and asked her if she wanted some candy. She ran away.

    Later, Stallworth and Brown were seen sitting in their Toyota Sequoia on a street and, when confronted by a resident, Brown asked where were all the children that used to play on the circle. That woman testified that Brown seemed overly interested in children.

    Video from Tom Brown Village that night showed Stallworth talking to two little girls – Cupcake and her best friend/cousin Ava, also 3, before they walked off screen with him.

    Ava, according to testimony, would later say when asked where Cupcake went, “Cupcake got in the car with that man. He took her to get candy at the store. I not want no candy.”

    Since their 2019 arrests, Stallworth and Brown have blamed each other for the abduction and death of Cupcake.

    Stallworth claimed Brown had taken the girl, saying she wanted to keep her, and he also said the Brown wanted him to sexually touch the girl. He told detectives that Brown “put Cupcake to sleep” by putting her hands over her nose and mouth.

    Medical experts have previously testified that Cupcake died by asphyxia. She had methamphetamine, Trazodone and Benadryl in her system.

    Dr. Daniel Dye, of the Jefferson County Coroner/Medical Examiner’s Office said the meth and Trazodone contributed to the baby’s death.

    https://www.al.com/news/2023/06/capi...mckinneys.html
    "I realize this may sound harsh, but as a father and former lawman, I really don't care if it's by lethal injection, by the electric chair, firing squad, hanging, the guillotine or being fed to the lions."
    - Oklahoma Rep. Mike Christian

    "There are some people who just do not deserve to live,"
    - Rev. Richard Hawke

    “There are lots of extremely smug and self-satisfied people in what would be deemed lower down in society, who also deserve to be pulled up. In a proper free society, you should be allowed to make jokes about absolutely anything.”
    - Rowan Atkinson

  2. #32
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    Hearing looks ahead to trial for man accused of killing 3-year-old Kamille ‘Cupcake’ Mckinney


    By Jennifer Horton
    WBRC News

    BIRMINGHAM, Ala. (WBRC) - 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.

    Both Stallworth and Brown were convicted on federal kidnapping counts and sentenced to life in federal prison in 2022.

    https://www.wbrc.com/2023/09/25/hear...cake-mckinney/
    "I realize this may sound harsh, but as a father and former lawman, I really don't care if it's by lethal injection, by the electric chair, firing squad, hanging, the guillotine or being fed to the lions."
    - Oklahoma Rep. Mike Christian

    "There are some people who just do not deserve to live,"
    - Rev. Richard Hawke

    “There are lots of extremely smug and self-satisfied people in what would be deemed lower down in society, who also deserve to be pulled up. In a proper free society, you should be allowed to make jokes about absolutely anything.”
    - Rowan Atkinson

  3. #33
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    Judge denies "Cupcake" McKinney murder suspect's death penalty request

    By Jon Paepcke

    BIRMINGHAM, Ala. — A Jefferson County judge has denied Patrick Stallworth's motion to declare Alabama's death penalty unconstitutional.

    Stallworth and co-defendant Derick Brown are facing capital murder charges in the 2019 fatal kidnapping of Kamille "Cupcake" McKinney.

    Stallworth's attorney filed the request on Sept. 25, arguing the sentence is cruel and unusual punishment under the 8th and 14th Amendments of the Alabama and U.S. Constitutions.

    Judge Alaric May denied the motion Monday afternoon.

    Stallworth and Brown were already convicted on fatal kidnapping charges in federal court and sentenced to life in prison back in March.

    Federal Judge Scott Coogler sentenced Stallworth first, saying the sentence is less than appropriate. Stallworth's attorney had argued that life without parole violates the Eighth Amendment, which offers protection from cruel and unusual punishment. Judge Coogler overruled that objection. "If I had the ability to do more, I would. But I can't," Coogler said from the bench.

    Brown issued a statement to McKinney's family: "If I could go back in time to that terrible day and change the outcome, I would. I wish I was courageous enough to prevent this tragedy. All I keep coming back to is I'm sorry. I'm sorry. I hope that one day you can find it in your heart to forgive me."

    The prosecutor read a statement from McKinney's mother: "For some people, it is just evil and darkness, and that is exactly who you are. People like you do not deserve forgiveness."

    Following the hearing, McKinney's mother, April Thomas, sat with us for an exclusive interview about her reaction to the punishment Brown and Stallworth received.

    "They don't deserve to be breathing right now. I feel that they deserve the harshest. They deserve cruel and unusual punishment. They get three hot meals in a cot. That’s unfair," Thomas said.

    She is prepared to hear a repeat of the graphic testimony in the duo's upcoming capital murder trial in state court.

    "I wouldn't care if it's rain, sleet, snow. I'm going to sit there because I deserve to know, and I deserve to see the folks who did it what they did be punished," Thomas said.

    Brown and Stallworth's capital murder trial is set to begin next April.

    https://www.wvtm13.com/article/judge...nalty/45432593
    "I realize this may sound harsh, but as a father and former lawman, I really don't care if it's by lethal injection, by the electric chair, firing squad, hanging, the guillotine or being fed to the lions."
    - Oklahoma Rep. Mike Christian

    "There are some people who just do not deserve to live,"
    - Rev. Richard Hawke

    “There are lots of extremely smug and self-satisfied people in what would be deemed lower down in society, who also deserve to be pulled up. In a proper free society, you should be allowed to make jokes about absolutely anything.”
    - Rowan Atkinson

  4. #34
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    Attorneys gear up for capital murder trial involving death of Kamille ‘Cupcake’ McKinney

    By Jennifer Horton
    WBRC News

    BIRMINGHAM, Ala. (WBRC) - Monday marked the last time Patrick Stallworth will likely appear in court before his trial in March. Stallworth is charged with 2 counts of capital murder involving the death of 3-year-old Kamille 'Cupcake' McKinney in October 2019.

    The state is seeking the death penalty.

    A pretrial hearing is reserved for attorneys to sort out any issues with the judge ahead of trial. While there were no motions, the defense requested more time to prepare for trial. Jefferson County Circuit Judge Alaric May promptly denied the motion stating, “It’s time to get this case tried”.

    Stallworth’s co-defendant Derick Brown is expected to stand trial on the same charges in the spring.

    Both were sentenced to life in federal prison in 2023 following kidnapping convictions.

    McKinney was kidnapped from Tom Brown Village in Birmingham in October 2019. Her body was recovered ten days later in a Birmingham landfill.

    The defendants were developed as suspects during a high-profile search. Brown and Stallworth, who were a couple at the time, flipped on each other during interviews with police. Brown led police to the child’s body; Stallworth told police Brown killed McKinney by covering her mouth and nose until she stopped breathing.

    Autopsy results revealed McKinney died of suffocation. The defendants didn’t know the child or her family.

    https://www.wbrc.com/2024/01/29/atto...cake-mckinney/
    "I realize this may sound harsh, but as a father and former lawman, I really don't care if it's by lethal injection, by the electric chair, firing squad, hanging, the guillotine or being fed to the lions."
    - Oklahoma Rep. Mike Christian

    "There are some people who just do not deserve to live,"
    - Rev. Richard Hawke

    “There are lots of extremely smug and self-satisfied people in what would be deemed lower down in society, who also deserve to be pulled up. In a proper free society, you should be allowed to make jokes about absolutely anything.”
    - Rowan Atkinson

  5. #35
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    Trial involving murder of 3-year-old Kamille ‘Cupcake’ McKinney delayed

    By Jennifer Horton
    WBRC News

    BIRMINGHAM, Ala. (WBRC) - Patrick Stallworth will not stand trial for capital murder next week for the death of 3-year-old Kamille “Cupcake” McKinney. His federal kidnapping conviction involving McKinney’s disappearance and death is still pending before the Eleventh Circuit Court of Appeals, which is creating issues involving evidence needed for this trial.

    During a hearing on Monday, March 4, the state and the defense explained some of the physical and biological evidence needed to try this case is still in FBI custody due to the pending appeal. There are lingering questions over how the evidence would be turned over to the state, and then returned back to the FBI should it be needed again by the Department of Justice.

    “We can’t try this case without that evidence in hand,” Jefferson County Circuit Judge Alaric May explained. “I can’t take that chance of us going forward.”

    The state said they’ve been told the Eleventh Circuit may rule sometime this summer. The trial is now set for September 2024.

    Stallworth is charged with two counts of capital murder. The state is seeking the death penalty.

    Stallworth’s codefendant, Derick Brown, is scheduled to stand trial in April, which will likely be delayed as well.

    Both were sentenced to life in federal prison in 2023 following kidnapping convictions.

    Background

    McKinney was kidnapped from Tom Bronw Village in Birmingham in October 2019. Her body was recovered 10 days later in a Birmingham landfill.

    The defendants were developed as suspects during a high-profile search. Brown and Stallworth, who were a couple at the time, flipped on each other during interviews with police. Brown led police to the child’s body; Stallworth told police Brown killed McKinney by covering her mouth and nose until she stopped breathing.

    Autopsy results revealed McKinney died of suffocation. The defendants didn’t know the child or her family.

    https://www.wbrc.com/2024/03/04/tria...inney-delayed/
    "I realize this may sound harsh, but as a father and former lawman, I really don't care if it's by lethal injection, by the electric chair, firing squad, hanging, the guillotine or being fed to the lions."
    - Oklahoma Rep. Mike Christian

    "There are some people who just do not deserve to live,"
    - Rev. Richard Hawke

    “There are lots of extremely smug and self-satisfied people in what would be deemed lower down in society, who also deserve to be pulled up. In a proper free society, you should be allowed to make jokes about absolutely anything.”
    - Rowan Atkinson

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