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

[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.wtvm.com

[...]

Day 3: Wednesday, October 5, 2022 - final update:

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

[...]

Ruffin had trouble speaking as he recalled Cupcake’s body being put in a bag to be transported for an autopsy. At this point, she’d been missing for 10 days.

Due to the nature of the case and the burden of proof the government must meet, they had to show the jury very sensitive images of Cupcake in the landfill. Quickly, several jurors became emotional, wiping away tears. The court quickly timed the shots, holding them for no more than three seconds each, warning the jury in advance of a new picture so they were prepared.

[...]

Dr. Daniel Dye, M.D., the forensic pathologist who performed Cupcake’s autopsy, testified next.

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.

The government called Birmingham Police Sergeant Talana Brown, who was also involved in interviewing both Stallworth and Brown in the initial phases of the investigation.

The prosecution started by playing an interview with Stallworth’s co-defendant Derick Brown. In the interview, Brown insinuates Stallworth dumped Cupcake’s body in a dumpster. Talana Brown testified she passed along that tip FBI.

During cross-examination, Talana Brown testified that Derick Brown lied to police early in the investigation. The defense worked to shift the focus away from earlier testimony, which questioned whether Stallworth was forthcoming with authorities.

Defense attorney Derrick Collins showed the jury a video recording of one of Derick Brown’s interviews with police.

“I’ll lie on him if y’all want me to,” Brown told police, referencing Stallworth. “I’m not going to jail for anybody... what do y’all want me to say?”

FBI Cellular Analyst Blake Downing was called as the last witness of the day. Downing was tasked with tracking Stallworth’s cell phone during the investigation. He testified about the technology used to determine Stallworth’s location through the phone signal.

[...]

 

[Seattle1]

U.S. District Court
Northern District of Alabama (Southern)
CRIMINAL DOCKET FOR CASE #: 2:20-cr-00206-LSC-SGC-1​

Case title: USA v. Stallworth

Date Filed: 07/28/2020

Assigned to: Judge L Scott Coogler Referred to: Magistrate Judge Staci G Cornelius

Defendant (1)

Patrick Devone Stallworth

Date Filed	#	Docket Text
08/25/2022	​	NOTICE OF RESETTING HEARING as to Patrick Devone Stallworth (TIME CHANGE ONLY) Pretrial Conference originally set for 9/1/2022 at 11:00 AM is RESET for 9/1/2022 at 10:00 AM in Hugo L Black US Courthouse, Birmingham, AL before Judge L Scott Coogler. (MEB2) (Entered: 08/25/2022)
08/29/2022	​	NOTICE OF RESETTING HEARING as to Patrick Devone Stallworth: Pretrial Conference originally set for 9/1/2022 at 10:00 AM is RESET for 8/31/2022 at 10:00 AM in Hugo L Black US Courthouse, Birmingham, AL before Judge L Scott Coogler. (MEB2) (Entered: 08/29/2022)
08/29/2022	​	NOTICE OF RESETTING HEARING as to Patrick Devone Stallworth: (CHANGING DATE AND LOCATION) Pretrial Conference originally set for 8/31/2022 at 10:00 AM is RESET for 8/30/2022 at 11:00 AM in Federal Building, Tuscaloosa, AL before Judge L Scott Coogler. (MEB2) (Entered: 08/29/2022)
08/30/2022	​	Minute Entry for proceedings held before Judge L Scott Coogler: Pretrial Conference as to Patrick Devone Stallworth held on 8/30/2022; deft present with Retained Attorney Derrick Collins; AUSA Peeples, AUSA Milner & AUSA Byrd; ExParte bench meeting with defense counsel, transcript to be sealed; hrg adj (Court Reporter Lindy Fuller) (MEB2) (Entered: 08/30/2022)
08/30/2022	108​	SUPERSEDING INDICTMENT as to Patrick Devone Stallworth (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	109​	TEXT ORDER as to dft Patrick Devone Stallworth : Setting Arraignment for Thursday, 9/8/2022, at 2:00 PM 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)
08/31/2022	110​	APPEAL OF MAGISTRATE JUDGE DECISION to District Court by Patrick Devone Stallworth re 81 EXPARTE MOTION, 89 Order on Exparte Motion,,, Set/Reset Motion and R&R Deadlines/Hearings,,, Terminate Motions,, 99 EXPARTE MOTION, 92 Order on Exparte Motion,,, Terminate Motions,, 85 EXPARTE MOTION, 97 EXPARTE MOTION, 79 EXPARTE MOTION, 98 EXPARTE MOTION, 78 EXPARTE MOTION (Collins, Derrick) (Entered: 08/31/2022)
09/08/2022	​	Minute Entry for proceedings held before Judge L Scott Coogler: Arraignment as to Patrick Devone Stallworth (1) Counts 1s and 2s held on 9/8/2022; deft present with Retained Counsel Derrick Collins; AUSA Milner; rights & charges explained; deft served superseding indictment, waived reading, not guilty plea entered; deft remanded to custody of USM (MEB2) (Entered: 09/08/2022)
09/12/2022	112​	NOTICE Pursuant to Federal Rule of Evidence 404(b) by USA. (Milner, M) Modified on 9/12/2022 (KWC, ). (Entered: 09/12/2022)
09/19/2022	​	NOTICE OF HEARING as to Patrick Devone Stallworth: Telephone Conference is set for 9/23/2022 at 11:00 AM before Judge L Scott Coogler. Counsel is to dial 877-336-1828 and use Access Code 3967498 five (5) minutes prior to the start of the conference. (MEB2) (Entered: 09/19/2022)
09/23/2022	​	Minute Entry for proceedings held before Judge L Scott Coogler: Telephone Conference as to Patrick Devone Stallworth held on 9/23/2022 (MEB2) (Entered: 09/23/2022)
09/23/2022	113​	Proposed Voir Dire by USA as to Patrick Devone Stallworth (Milner, M) (Entered: 09/23/2022)
09/23/2022	114​	Proposed Jury Instructions by USA as to Patrick Devone Stallworth (Peeples, Lloyd) (Entered: 09/23/2022)
09/29/2022	115​	MOTION to Exclude by Patrick Devone Stallworth. (Collins, Derrick) (Entered: 09/29/2022)
09/29/2022	​	NOTICE OF HEARING as to Patrick Devone Stallworth: Telephone Conference is set for 9/30/2022 at 11:00 AM before Judge L Scott Coogler. Counsel is directed to dial 877-336-1828 and use Access Code 3967498. (MEB2) (Entered: 09/29/2022)
09/29/2022	116​	TRIAL BRIEF by USA as to Patrick Devone Stallworth (Peeples, Lloyd) (Entered: 09/29/2022)
09/29/2022	117​	MOTION to Admit ADOR Records as Business Records by USA as to Patrick Devone Stallworth. (Attachments: # 1 Exhibit A - Proposed Exhibit, # 2 Exhibit B - Certification)(Peeples, Lloyd) (Entered: 09/29/2022)
09/30/2022	​	Minute Entry for proceedings held before Judge L Scott Coogler: Telephone Conference as to Patrick Devone Stallworth held on 9/30/2022 (Court Reporter Lauren Shirley) (MEB2) (Entered: 09/30/2022)
10/01/2022	118​	RESPONSE in Opposition by Patrick Devone Stallworth re 117 MOTION to Admit ADOR Records as Business Records (Collins, Derrick) (Entered: 10/01/2022)
10/03/2022	​	Minute Entry for proceedings held before Judge L Scott Coogler: Jury Organized, Voir Dire, Jury Selection as to Patrick Devone Stallworth held on 10/3/2022. Jury Trial beginning. Opening Statements. USA Testimony begins. A. Thomas examined on direct and cross and released. Court adjourned for the day. Trial to resume at 8:30 AM on Tuesday, October 4, 2022. (Court Reporter Lindy Fuller) (MEB2) (Entered: 10/03/2022)
10/03/2022	119​	Jury Strikes of USA. (MEB2) (Entered: 10/03/2022)
10/03/2022	120​	Jury Strikes of Patrick Devone Stallworth. (MEB2) (Entered: 10/03/2022)
10/04/2022	​	Minute Entry for proceedings held before Judge L Scott Coogler: Jury Trial as to Patrick Devone Stallworth held on 10/4/2022. Pretrial motions ruled on as stated on the record. USA testimony continuing. S. Long examined on direct and cross and released. D. Bradley examined on direct and released. E. Salvador examined on direct and cross and released. J. Spaeth examined on direct and cross and released. K. King examined on direct and cross and released. M. Chaney examined on direct and cross and released. S. Osbourne examined on direct and cross and released. D. Douglas examined on direct and cross and released. D. Douglas examined on direct and cross and released. S. Salser examined on direct and cross and released. Court adjourned for the day. Trial to resume at 9:00 AM on Wednesday, 10/5/2022. (Court Reporter Lindy Fuller) (MEB2) (Entered: 10/04/2022)
10/04/2022	121​	TEXT ORDER denying 115 Motion to Exclude as to Patrick Devone Stallworth; granting 117 Motion to Admit ADOR Records as Business Records by USA as to Patrick Devone Stallworth. Signed by Judge L Scott Coogler on 10/4/2022. (MEB2) (Entered: 10/05/2022)
10/05/2022	​	Minute Entry for proceedings held before Judge L Scott Coogler: Jury Trial as to Patrick Devone Stallworth held on 10/5/2022. USA testimony continuing. J. Ross examined on direct and cross and released. T. Brown examined on direct and cross and released. S. Ruffin examined on direct and released. D. Dye examined on direct and cross and released. S. Eddins examined on direct and released. B. Downing examined on direct and released. Court adjourned for the day. Trial to resume at 9:00 AM on Thursday, 10/6/2022. (Court Reporters Lindy Fuller and Teresa Roberson) (MEB2) (Entered: 10/05/2022) CM/ECF - U.S. District Court Northern District of Alabama ecf.alnd.uscourts.gov

Docket Updated 10/5/22

Found Deceased - AL - Kamille "Cupcake" McKinney, 3, kidnapped from party, Birmingham, 12 Oct 2019 *Arrests* #7

OCT 12, 2021 2nd annual tribute to Kamille ‘Cupcake’ McKinney [...] Her precious life, her beautiful face captivated all of us. Everyone felt her family’s pain. Angels Arms Women & Teen Organization/Angels Operations Exploited and Missing Persons are holding the second annual “Never Again”...

www.websleuths.com

 

[PommyMommy]

OCT 6, 2022

Patrick Stallworth told jail worker he ‘may have raped’ Kamille ‘Cupcake’ McKinney but didn’t kill her, nurse testifies

The nurse's assistant testified that she and Stallworth often spoke by phone after she got off work because he wasn’t treated well in jail.

www.al.com

[...]

Phyllis Cox, who worked at the Pickens County Jail, testified Thursday that she overheard a conversation between Stallworth and Toni Crowell, who worked as a nurse’s assistant at the lockup.

“I may have raped her, but I didn’t killer,’’ Stallworth reportedly told Cox’s co-worker. “She did that,’’ he said referring to his girlfriend, Derick Irisha Brown.

[...]

Federal prosecutors rested their case mid-afternoon Thursday after 2 ½ days of testimony from 22 witnesses.

When it was the defense’s turn to present their case, Collins called the assistant jail nurse who testified that she that she had no recollection of Stallworth saying he may have raped Cupcake.

[...]

Under cross examination, Crowell testified that she and Stallworth often spoke by phone after she got off work. “Did he tell you he loved you? Did you tell him you loved him?” Peeples asked.

“I don’t remember,’’ Crowell said.

Recorded phone calls from the jail were played, in which Stallworth told Crowell, “I dream about you,’’ and he even was heard singing a song to her.

“That’s a church song,’’ Crowell testified. “We mostly talked about church.”

On the phone call, Stallworth could be heard saying, “1-4-3′' which is code for “I love you.” There is one letter in “I,” four letters in “love” and three letters in “you.”

[...]

The trial will continue Friday with closing arguments and jurors are expected to begin their deliberations later Friday morning.

Experts shed light on why autopsy photos in Kamille ‘Cupcake’ McKinney’s death aren’t being shared with public

On day three in court, jurors heard from the FBI agent who found McKinney’s body in a Jefferson County landfill and from the doctor who performed her autopsy.

www.fox10tv.com

Witness testimony tells us Cupcake died of suffocation from having her nose and mouth covered. Appell said prosecutors want these photos to have an impact on the jury, but it could risk the case if these pictures got out to the public.

“You’re talking about a child here, a very young child,” Appell said. “The pictures must be outrageously horrific. The victim’s family does not want or deserve to have these kinds of pictures shown to the public. They’ve got to be horrible. I don’t think the jury is sequestered in this case, and if these pictures got out, it could cause other people in the community to get involved with the jury’s deliberations, influencing people on the jury.”

 

[PommyMommy]

OCT 6, 2022

Jury to soon begin deliberations in trial against accused Kamille ‘Cupcake’ McKinney kidnapper Patrick Stallworth

BIRMINGHAM, Ala. (WIAT) — On Thursday, both the state and defense rested their case, leaving the fate of a man accused of kidnapping and murdering a 3-year-old girl to a jury. Patrick Stallworth is…

www.cbs42.com

[...]

Two dramatic pieces of evidence were presented to the jury Thursday. Jeannie Miller, a detective with the Jefferson County Sheriff’s Office, testified about a series of text messages that Stallworth allegedly sent to his aunt, Alesia Price, while in the custody of the JCSO.

One message read “l’m really sorry I did this. It was an accident.”

Later in the day, Phyllis Cox also took the stand. Cox, a former nurse at the Pickens County Jail where Stallworth had been held leading up to the trial, testified she overheard a conversation between Stallworth and one of her co-workers, Toni Crowell, in which Stallworth allegedly said, “I may have raped her, but I didn’t kill her. She did that.” However, Crowell was later called to testify, where she claimed she didn’t recall Stallworth saying that.

The state questioned Crowell’s reliability, alleging that Stallworth and her had a romantic relationship. During the trial, prosecutors played a phone call for the jury in which Stallworth told her he loved her.

[...]

 

[Seattle1]

“You’re talking about a child here, a very young child,” Appell said. “The pictures must be outrageously horrific. The victim’s family does not want or deserve to have these kinds of pictures shown to the public. They’ve got to be horrible. I don’t think the jury is sequestered in this case, and if these pictures got out, it could cause other people in the community to get involved with the jury’s deliberations, influencing people on the jury.”

^^rsbm

I think these are some valid points about not wanting the pictures to get out but for me, it's not because of this trial for the kidnapping of CC. I'm more concerned this information would be out before the defendant's murder trial in the State District Court, and the potential for jury tampering during the 2nd trial. JMO

 

[PommyMommy]

GUILTY!

OCT 7, 2022

3 years after Kamille ‘Cupcake’ McKinney’s death, jury convicts Stallworth on federal kidnapping charges

Nearly three years after a 3-year-old girl was kidnapped and murdered in Birmingham, one of the people responsible for her kidnapping has been convicted by a federal jury.

www.klfy.com

Nearly three years after a 3-year-old girl was kidnapped and murdered in Birmingham, one of the people responsible for her kidnapping has been convicted by a federal jury.

On Friday, a jury found Patrick Devone Stallworth, 42, guilty of kidnapping and conspiracy to kidnap. ...

[...]

Stallworth and Brown are also facing capital murder charges in Jefferson County criminal court. No court date has been set in that case. Brown’s federal case has not yet gone to trial.

Stallworth is also facing possession of child *advertiser censored* and possession of child *advertiser censored* with an intent to distribute in an unrelated case.

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

“They just left me and Stallworth to defend it up against the federal government," Stallworth's attorney said. "It was a crucifixion."

www.al.com

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.

[...]

 

[PommyMommy]

OCT 7, 2022

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

[...]

The jury found Stallworth not only planned to kidnap a child, but that kidnapping resulted in Cupcake’s death. A decision reached following four days of challenging testimony from more than 20 witnesses and viewing more than 100 exhibits.

“He will never walk free again,” stated Lloyd Peeples, Assistant United States Attorney and Criminal Division Chief. “We all went and spoke to the family afterward, seeing the expressions of relief on [the family’s] face, I wouldn’t have to get a paycheck for anything I did on this case, that’s the reward.”

The mandatory sentence for kidnapping which leads to death is life in prison without parole.

[...]

The verdict comes almost three years to the day McKinney was kidnapped in Avondale.

[...]

The government now transitions to the next case, prosecuting Stallworth’s co-defendant Derick Brown, who will be tried on the same federal counts in November.

Stallworth will be sentenced in the coming months.

[...]

 

[Seattle1]

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.

THANK YOU, JUROR CITIZENS!

 

[Seattle1]

Public Defenders are so often overlooked. Collins came forward when nobody else would.

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

“They just left me and Stallworth to defend it up against the federal government," Stallworth's attorney said. "It was a crucifixion."

www.al.com

10/7/22

Stallworth’s attorney also spoke after the verdict. “We tried a good case. We went into it with a lot going against us,’' Collins said.

“The government brought out the best. They had six people at the table against me alone. All of that played a part,’' he said. “At the beginning, no one wanted to represent Mr. Stallworth and I stepped up because I know he needed representation. We gave our best shot. We fell short but there’s still appeals. There’s still a fight.”

Collins said of Stallworth’s reaction to the verdict, “He’s not in the best of feelings right now but he’s accepted it. He’s a man of God.”

Collins said he was denied co-counsel, experts for DNA and toxicology, and private investigators.

“We didn’t have anything. They just left me and Stallworth to defend it up against the federal government,’' he said. “It’s obvious there was a prejudice but that’s something for the appellate court.”

The attorney also said he believes pretrial publicity played a role in the conviction.

“The media, it was a crucifixion from the beginning. When people heard about the sexual allegations, we couldn’t respond. Even when we showed…there was no sexual abuse, people continue to say there was,’' he said.

“The art of suggestion. Once it was suggested, we seem to not have been able to turn back from that.”

 

[girlhasnoname]

Thank you to the Prosecutor, witnesses and jurors for a GUILTY verdict. I don't think I could be a juror on such a heartbreaking child murder case.

Now, let's get the other MAJOR offender and hope neither of them ever see the light of day as a free person again.

#Justice4Kamille

 

[squareandrabbet]

I think I have a wee crush on prosecutor Peoples... He wanted so badly to do right by Cupcake. Glad he got his verdict.

RIP, poor baby.

 

[Seattle1]

What I recall about Alabama and the death penalty is that the statute gave the Court the discretion to overrule a penalty for life sentence or death and in cases where a judge used this discretion, more than 90% of the time was to impose death on the inmate.

I don't know if this statute still holds but I believe these two defendants, Stallworth and Brown, will be convicted and likely sentenced to death. If not by the jury, then by the court. MOO

 

[PommyMommy]

https://twitter.com/x/status/1580196651817263104

Hard to believe it's been THREE years.

 

[girlhasnoname]

https://twitter.com/x/status/1580196651817263104

Hard to believe it's been THREE years.

Yes it is hard to believe, and then look at how many more have come after little Cupcake. I just don't understand it and I never will, it's heartbreaking.

 

[PommyMommy]

NOV 4, 2022

Derick Brown is accused of kidnapping Kamille 'Cupcake' McKinney​

A federal judge has ruled Derick Brown's police statements are admissible in her upcoming trial for the fatal kidnapping of Kamille 'Cupcake' McKinney.

[...]

Brown's federal kidnapping trial is set to begin on Nov. 11.

Her attorneys had asked Judge Scott Coogler to prevent prosecutors from preventing three statements Brown made to Birmingham Police Detectives in the wake of McKinney's disappearance.

They claimed that Brown did not have full awareness of the nature of her rights to remain silent and to an attorney during the interviews.

Coogler ruled that a defense expert's findings were not credible.

[...]

 

[JerseyGirl]

Federal trial for kidnapping suspect Derick Brown begins Monday

Monday morning, the trial for the second person charged in the kidnapping and murder of Kamille "Cupcake" McKinney will begin in federal court in Tuscaloosa.

www.wvtm13.com

 

[JerseyGirl]

Federal trial underway for woman accused of kidnapping, killing 3-year-old Cupcake McKinney

The second federal trial is underway for Derick Brown who is accused in the 2019 disappearance and death of three-year-old Kamille ‘Cupcake’ McKinney.

www.wbrc.com

 

[PommyMommy]

NOV 14, 2022

Federal trial begins for accused ‘Cupcake’ McKinney kidnapper Derick Brown

TUSCALOOSA, Ala. (WIAT) — The trial for the woman charged with kidnapping and then killing a 3-year-old girl in Birmingham three years ago began Monday at the federal courthouse in Tuscaloosa. Deri…

www.cbs42.com

The jury for Brown’s trial was seated Monday before noon. If convicted, Brown could face a similar sentence to Stallworth.

The trial is expected to last most of the week. Kelvin Nail, the father of Brown’s children, is expected to testify Tuesday.

Derick Irisha Brown ‘minded her own business’ as boyfriend abducted Kamille ‘Cupcake’ McKinney, lawyer says

Her attorneys claim Patrick Stallworth is solely responsible for what happened to Cupcake.

www.al.com

When Kamille “Cupcake” McKinney was abducted in 2019 and taken to the apartment of Patrick Stallworth and his girlfriend, Derick Irisha Brown, she was somewhere she didn’t belong and with the wrong people.

The 3-year-old needed hope, Northern District of Alabama Assistant U.S. Attorney Brittany Byrd told a federal jury Monday, but instead all she had was Brown.

“Instead of hope, she had despair. Instead of help, she had hurt. Instead of rescue, she was taken from us forever,’’ Byrd said.

[...]

Brown, she said, did nothing but mind her own business the entire day leading up to the deadly abduction.

“This is a case about a terrible, unthinkable crime committed by Patrick Stallworth, not Derick Brown,” Robertson told jurors.

“Derick Brown minded her own business, and for that you can only find her not guilty.”

[...]

 

[PommyMommy]

https://twitter.com/x/status/1592279514117451776

https://twitter.com/x/status/1592281318016299009

https://twitter.com/x/status/1592281324202725376

 

[girlhasnoname]

In opening statements, the defense contends Brown was not an active participant and that she just “minded her own business.” The defense put the blame on Stallworth and said Brown was on Methamphetamine and was dozed off.

Ummm, if you're hopped on meth, you will NOT be dozing off........ mad emoji

MOO