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

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OCT 12, 2021
2nd annual tribute to Kamille ‘Cupcake’ McKinney
FQ35MG75B5C5NJGSQWQBF54MQE.jpg

[...]

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” Memorial and Tribute for Cupcake.

The memorial event will take place Friday, October 22, 2021, at Tom Brown Village Community Center (555 41st Place North, Birmingham, AL 35222) at 6:00 p.m.

[...]
 
MAR 17, 2022
[URL='https://www.al.com/news/2022/03/suspects-in-deadly-kidnapping-of-kamille-cupcake-mckinney-will-not-face-federal-death-penalty.html']Suspects in deadly kidnapping of Kamille ‘Cupcake’ McKinney will not face federal death penalty - al.com[/URL]
[...]

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

Stallworth and Brown are also charged with capital murder in state court.

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.

[...]
 
MAR 17, 2022
Suspects in deadly kidnapping of Kamille ‘Cupcake’ McKinney will not face federal death penalty - al.com
[...]

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

Stallworth and Brown are also charged with capital murder in state court.

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.

[...]
So, the state intends to seek the death penalty.
 
APR 28, 2022
Suspects in kidnapping, murder of Kamille “Cupcake” McKinney in court Thursday (wbrc.com)
[...]

Both defendants waived their rights to a speedy trial Thursday.

Stallworth’s trial is tentatively set for sometime in October in Birmingham.

Brown is expected to go on trial shortly after, possibly in November. The defense is asking to move her trial out of Birmingham. Brown’s attorneys have also asked the court to have the prosecution preserve all evidence in case they have their own testing done.

A Jefferson County grand jury in December indicted Stallworth and Brown on capital murder of a child under the age of 14 and capital murder of a child during a kidnapping. Those are state charges.

Stallworth and Brown have also been indicted on one count of kidnapping and one count of conspiracy to kidnap a minor. Those are federal charges.

[...]
 

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.

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

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.

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

I’m hoping that both will also face state capital murder counts.

If I was to guess I’d say that Stallworth rolled on Brown and, possibly had additional info, other than what happened, that he could leverage if he divulged it.

m00
 
1661236080143.png

If anybody else is confused about why federal kidnapping (and conspiracy kidnapping) charges were filed here when there was no interstate transport, the federal jurisdiction strictly applies because the child victim was kidnapped by a non-parent or relative.

Title 18, U.S.C., section 1201(g) provides special rules for offenses involving children.

Where the victim is under the age of 18 years and the offender has obtained such age and is not a parent, grandparent, brother, sister, aunt, uncle, or person having legal custody, sentencing levels are increased to reflect the severity of the treatment and situation in which the child has been placed.

PS is set for federal trial in October 2022.

DB's federal case will go from the southern division of Alabama’s Northern District, to the western division, based in Tuscaloosa-- after she requested a change in venue. No federal trial date has been set.

The federal prosecutor previously announced they would not be seeking the death penalty for the defendants.

A Jefferson County GJ indicted P Stallworth and D Brown for the capital murder of a child under age 14, and capital murder of a child during a kidnapping, and the latter charge makes the defendants eligible for the death sentence if convicted of the state charges.


 

8/22/22

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.
_____________________

Appears that video surveillance of PS being questioned proved extremely valuable here! MOO
 

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


Case title: USA v. Stallworth

Date Filed: 07/28/2020

Pending Counts
Disposition
18:1201(a)(1) KIDNAPPING
(1)
18:1201(c) KIDNAPPING
(2)



Date Filed#Docket Text
07/28/2020
Case sealed as to Patrick Devone Stallworth (KWC, ) (Entered: 07/29/2020)
07/28/2020
1
INDICTMENT as to Patrick Devone Stallworth (1): counts 1, 2. Please file all subsequent documents using the criminal case number assigned to this indictment. (KWC) (Attachment added on 7/29/2020: # 1 Original SEALED indictment) (KWC) (Additional attachment(s) added on 10/22/2020: # 1 (SEALED) Signed Indictment) (KBB, ). (Entered: 07/29/2020)

[...]

03/03/2022
Minute Entry for proceedings held before Magistrate Judge Staci G Cornelius:Telephone Conference as to Patrick Devone Stallworth held on 3/3/2022; Collins, Conner, Walsh, Peoples, & Mark present. (Court Reporter Carrie Robinson.) (BST, ) (Entered: 03/03/2022)

03/04/2022 #59
ORDER as to Patrick Devone Stallworth, the court DIRECTS that on or before March 18, 2022, the Government shall (1) file a notice under 18 U.S.C. § 3593(a) that it will seek the death penalty or (2) notify the court and the defendant it will not seek the death penalty. The court further DIRECTS that on or before April 4, 2022, the parties are to submit a joint proposed scheduling order. Signed by Magistrate Judge Staci G Cornelius on 3/4/2022. (KWC, ) (Entered: 03/04/2022)

03/04/2022 #60
SEALED ORDER as to Patrick Devone Stallworth. Signed by Magistrate Judge Staci G Cornelius on 3/4/2022. (KWC, ) (cm to dft counsel only) (Entered: 03/04/2022)

03/17/2022 #61
NOTICE of Intent to Not Seek Death Penalty as to Patrick Devone Stallworth by USA (Peeples, Lloyd) Modified on 3/17/2022 (KWC, ). (Entered: 03/17/2022)

04/04/2022 #62
RESPONSE to by USA as to Patrick Devone Stallworth re 59 Joint Proposed Scheduling Order (Mark, Robin) (Entered: 04/04/2022)

04/08/2022 #63
TEXT ORDER as to Patrick Devone Stallworth; Status Conference set for 4/28/2022 10:00 AM before Magistrate Judge Staci G Cornelius in CR 3A; any out of town counsel that remain as attorneys of record may appear by video; Signed by Magistrate Judge Staci G Cornelius on 4/8/2022. (BST) (Entered: 04/08/2022)

04/08/2022 #64
TEXT ORDER as to Patrick Devone Stallworth: the telephone conference previously scheduled for 4/27/22 is cancelled in light of the status conference set for 4/28/22; Signed by Magistrate Judge Staci G Cornelius on 4/8/2022. (BST, ) (Entered: 04/08/2022)

04/28/2022 #65
STANDING BRADY DISCOVERY ORDER as to Patrick Devone Stallworth. Signed by Magistrate Judge Staci G Cornelius on 4/28/2022. (BST, ) (Entered: 04/28/2022)

04/28/2022 #67
ORDER as to Patrick Devone Stallworth Jury Trial set for 10/3/2022 at 9:00 AM before Judge L Scott Coogler.. Signed by Judge L Scott Coogler on 4/28/2022. (PSM) (Entered: 04/28/2022)

04/28/2022
Minute Entry for proceedings held before Magistrate Judge Staci G Cornelius:In Court Status Conference as to Patrick Devone Stallworth held on 4/28/2022; dft present w/Derrick Collins and Ernest Conner(zoom); AUSA Peeples, Mark and Milner also present; status of the case and deadlines discussed; trial date to be set; hrg sdj. (Court Reporter Pam Weyant.) (BST, ) (Entered: 04/29/2022)

04/29/2022 #68
STANDING DISCOVERY ORDER with instructions and deadlines set out as to Patrick Devone Stallworth. Signed by Magistrate Judge Staci G Cornelius on 4/29/2022. (BST, ) (Entered: 04/29/2022)

05/03/2022 #69
ORDER TO CONTINUE - Ends of Justice as to Patrick Devone Stallworth: As discussed during the status conference held on April 28, 2022, the court construes the parties' joint proposed scheduling order as including a request for a further continuance and GRANTS that request. The court determines the ends of justice served by granting a continuance in this case outweigh the interests of the public and the defendant in a speedy trial See § 3161(h)(7)(A) and (B)(i) and (ii). The court ORDERS that this case is CONTINUED until this matter proceeds to trial or is resolved by a change of plea and that the period of delay resulting from this continuance shall be excluded in computing the Speedy Trial Act deadline, pursuant to § 3161(h)(7)(A) and (B)(i) and (ii). Signed by Magistrate Judge Staci G Cornelius on 5/3/2022. (KWC, ) (Entered: 05/03/2022)

05/24/2022 #71
JOINT SCHEDULING ORDER as to Patrick Devone Stallworth: The parties have conferred and propose the following attached scheduling order; A Jury Trial set for 10/3/2022 at 09:00 AM before Judge L Scott Coogler, with pretrial deadlines as set out. Signed by Judge L Scott Coogler on 5/24/2022. (KWC, ) (Entered: 05/24/2022)

06/03/2022 #73
NOTICE of Withdrawal by Robin Beardsley Mark (re-filed as Motion to Withdraw see doc 74 ) (Mark, Robin) Modified on 6/3/2022 (KBB). (Entered: 06/03/2022)

06/03/2022 #74
MOTION to Withdraw as Counsel of Record by Robin B. Mark. by USA as to Patrick Devone Stallworth. (Mark, Robin) (KBB). (Entered: 06/03/2022)

06/03/2022 #75
ORDER granting 74 Motion to Withdraw as Attorney; Robin Beardsley Mark withdrawn from case. as to Patrick Devone Stallworth (1); Signed by Magistrate Judge Staci G Cornelius on 6/3/2022. (BST, ) (Entered: 06/03/2022)

06/14/2022 #76
MOTION to Suppress by Patrick Devone Stallworth. (Collins, Derrick) (Entered: 06/14/2022)

06/14/2022 #77
MOTION for Disclosure of Coconspirator's Statements and James Hearing to Determine Hearsay by Patrick Devone Stallworth. (Collins, Derrick) (Entered: 06/14/2022)

06/14/2022 #82
MOTION for Order or Recommendation to have Defendant Incarcerated Locally for Trial and Preparation for Trial by Patrick Devone Stallworth. (Collins, Derrick) Modified on 6/15/2022 (KBB). (Entered: 06/14/2022)

06/21/2022 #83
NOTICE Government's Intention to Use Expert Testimony as to dft Patrick Devone Stallworth by M Blake Milner (Milner, M) Modified on 6/21/2022 (KBB). (Entered: 06/21/2022)

06/23/2022 #84
NOTICE OF ATTORNEY APPEARANCE Brittany Tedford Byrd appearing for USA. (Byrd, Brittany) (Entered: 06/23/2022)

06/28/2022 #86
RESPONSE in Opposition by USA as to Patrick Devone Stallworth re 77 MOTION for Disclosure of Coconspirator's Statements and James Hearing to Determine Hearsay (Peeples, Lloyd) (Entered: 06/28/2022)

06/28/2022 #87
RESPONSE in Opposition by USA as to Patrick Devone Stallworth re 82 MOTION to Produce Defendant to Local Incarceration (Peeples, Lloyd) (Entered: 06/28/2022)

06/28/2022 #88
RESPONSE in Opposition by USA as to Patrick Devone Stallworth re 76 MOTION to Suppress Defendant's Statement (Milner, M) (Entered: 06/28/2022)

07/19/2022
NOTICE OF HEARING as to Patrick Devone Stallworth: Telephone Conference set for 7/19/2022 at 3:45 PM before Judge L Scott Coogler. Counsel is to call 877-336-1828 and use Access Code 3967498 five (5) minutes prior to the start of the conference. (MEB2) (Entered: 07/19/2022)07/19/2022 Minute Entry for proceedings held before Judge L Scott Coogler: Telephone Conference as to Patrick Devone Stallworth held on 7/19/2022; Attys Collins, Peeples, Milner, & Byrd present (MEB2) (Entered: 07/19/2022)07/19/202290 TEXT ORDER as to Patrick Devone Stallworth; Defense Counsel is DIRECTED to file a Reply to 88 RESPONSE in Opposition by USA as to Patrick Devone Stallworth re 76 MOTION to Suppress Defendant's Statement within ten (10) calendar days from the entry date of this order. Signed by Judge L Scott Coogler on 7/19/2022. (MEB2) (Entered: 07/19/2022)

07/19/2022 #91
NOTICE OF DEFENDANT'S INTENT TO UTILIZE EXPERT TESTIMONY as to dft Patrick Devone Stallworth filed by Derrick K Collins (Collins, Derrick) Modified on 7/20/2022 (KBB). (Entered: 07/19/2022)

07/29/2022 #93
REPLY TO RESPONSE to Motion by Patrick Devone Stallworth re 88 Response in Opposition, 76 MOTION to Suppress (Collins, Derrick) (Entered: 07/29/2022)

08/01/2022
NOTICE OF HEARING as to Patrick Devone Stallworth re 76 MOTION to Suppress: Suppression Hearing is set for 8/9/2022 at 9:30 AM in Federal Building, Tuscaloosa, AL before Judge L Scott Coogler. (MEB2) (Entered: 08/01/2022)

08/02/2022
NOTICE OF RESETTING HEARING as to Patrick Devone Stallworth: Suppression Hearing currently set for Tuesday, 8/9/2022 at 9:30 AM is RESET for Monday, 8/8/2022 at 9:30 AM in Federal Building, Tuscaloosa, AL before Judge L Scott Coogler. (MEB2) (Entered: 08/02/2022)

08/02/2022 #94
ORDER denying 77 Motion for Disclosure of Co-conspirator's Statements and James Hearing to Determine Hearsayas to Patrick Devone Stallworth (1), for reasons as set out in order. Signed by Magistrate Judge Staci G Cornelius on 8/2/2022. (KWC, ) (Entered: 08/02/2022)

08/02/2022 #95
ORDER denying 82 Motion for Order or Recommendation to have Defendant Incarcerated Locally for Trial and Preparation for Trial as to Patrick Devone Stallworth (1), for reasons as set out in order. Signed by Magistrate Judge Staci G Cornelius on 8/2/2022. (KWC, ) (Entered: 08/02/2022)

08/08/2022
Minute Entry for proceedings held before Judge L Scott Coogler: Suppression Hearing as to Patrick Devone Stallworth held on 8/8/2022 re 76 Motion to Suppress; deft present with Retained Attorney Derrick Collins; AUSA Milner & AUSA Peeples; gov't witness testimony; gov't exhibits 1-4 identified & received; arguments by counsel; Court's exhibit 1 admitted; 3 separate ExParte meetings at the bench with defense counsel, transcripts to be sealed; separate order to be entered; hrg adj (Court Reporter Lindy Fuller) (MEB2) Modified on 8/8/2022 (MEB2) (Entered: 08/08/2022)

08/08/2022 #100
EXHIBITS admitted on 8/8/2022 for Suppression Hearing by USA as to Patrick Devone Stallworth: Exhibit 1 - no PDF - USB Drive containing video & audio of deft Stallworth's 10/22/2019 statement; Exhibit 4 - no PDF - USB Drive containing audio of deft Stallworth's 10/23/2019 statement (Attachments: # 1 Exhibit 2, # 2 Exhibit 3) (MEB2) (Entered: 08/08/2022)

08/08/2022 #101
COURT'S EXHIBIT 1 admitted on 8/8/2022 for Suppression Hearing as to Patrick Devone Stallworth (MEB2) (Entered: 08/08/2022)

08/17/2022
NOTICE OF HEARING as to Patrick Devone Stallworth: Pretrial Conference is set for 9/1/2022 at 11:00 AM in Hugo L Black US Courthouse, Birmingham, AL before Judge L Scott Coogler. (MEB2) (Entered: 08/17/2022)

08/19/2022 #104
MEMORANDUM OF OPINION AND ORDER as to dft Patrick Devone Stallworth re 76 MOTION to Suppress ; This matter is before the Court on the defendant's motion to suppress statements made to law enforcement. As set out further within, the dft's motion to suppress, 76 , is hereby DENIED , and Stallworth's October 22, 2019, statements to law enforcement will not be suppressed. Signed by Judge L Scott Coogler on 8/19/2022. (KBB) (Entered: 08/19/2022)

08/22/2022 #105
SEALED Transcript of Proceedings of Motion Hearing as to Patrick Devone Stallworth held on 8/8/2022, before Judge L Scott Coogler. Court Reporter/Transcriber Lindy M Fuller, Telephone number 205-278-2062. Transcript may NOT be viewed at the court public terminal NOR purchased through the Court Reporter/Transcriber. SEALED (90 pages)(KWC, ) (Entered: 08/22/2022)

08/22/2022 #106
Redacted Transcript of Motion Hearing as to dft Patrick Devone Stallworth held on 8/08/2022, before Judge Lawrence Scott Coogler. Court Reporter/Transcriber Lindy Fuller, Telephone number 256-278-2062. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. NOTICE: The parties have seven (7) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. (A copy can be obtained at http://www.alnd.uscourts.gov/local/court forms/transcripts/Transcript% 20Redaction%20Policy.pdf See Transcript Redaction Policy) Redaction Request due 9/12/2022. Redacted Transcript Deadline set for 9/22/2022. Release of Transcript Restriction set for 11/20/2022. (KAB). (Entered: 08/22/2022)


ETA: PS's federal case is sealed to such an extreme that even the docket is limited and little can be learned/extracted about the defense.

Also, there are no cameras or tweets from inside the federal courtroom so I'm afraid that justice for Cupcake will not be very public. o_O
 
View attachment 361218

If anybody else is confused about why federal kidnapping (and conspiracy kidnapping) charges were filed here when there was no interstate transport, the federal jurisdiction strictly applies because the child victim was kidnapped by a non-parent or relative.

Title 18, U.S.C., section 1201(g) provides special rules for offenses involving children.

Where the victim is under the age of 18 years and the offender has obtained such age and is not a parent, grandparent, brother, sister, aunt, uncle, or person having legal custody, sentencing levels are increased to reflect the severity of the treatment and situation in which the child has been placed.


PS is set for federal trial in October 2022.

DB's federal case will go from the southern division of Alabama’s Northern District, to the western division, based in Tuscaloosa-- after she requested a change in venue. No federal trial date has been set.

The federal prosecutor previously announced they would not be seeking the death penalty for the defendants.

A Jefferson County GJ indicted P Stallworth and D Brown for the capital murder of a child under age 14, and capital murder of a child during a kidnapping, and the latter charge makes the defendants eligible for the death sentence if convicted of the state charges.


Thank you for this.
 
I'm not usually in favor of the DP, but in the case of child murderers, I say 'Amen'. These 2 creepers are certainly deserving for what they did to this poor baby girl.

MOO
Understandably: this precious, baby girl was only 3 years old. She was taken from the sidewalk outside a birthday celebration and recovered from a trash dumpster. :mad:
 
06/14/2022 #82
MOTION for Order or Recommendation to have Defendant Incarcerated Locally for Trial and Preparation for Trial by Patrick Devone Stallworth. (Collins, Derrick) Modified on 6/15/2022 (KBB). (Entered: 06/14/2022)
^^rsbm

PS is housed in the Pickens County Jail which is about 93 miles from Birmingham. Citing it takes approx 3 hours round-- trip driving the speed limit, and no unforeseen events, the defense wanted PS moved closer to Birmingham in preparation for his Oct 3 trial date.

The prosecution disagreed with this motion by the defense -- citing there is no legal or statutory reason to make PS incarceration location more convenient for the defense, and the Court agreed. (See federal docket entry #95, dated 8/2/22).
 

Published: Sep. 22, 2022 at 4:15 PM PDT|Updated: 18 hours ago

BIRMINGHAM, Ala. (WBRC) - 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 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.

[..]

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 pressed Griffin on his evaluation and why he didn’t believe Brown was fully aware of her rights while speaking with police. Assistant United States Attorney Blake Milner questioned Griffin’s notes, suggesting Brown was not forthcoming with him about whether she had custody of her children and who she lived with at the time of her arrest.

[..]

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.

The judge is expected to rule on this issue in the coming weeks.

[..]

Stallworth was in court in August arguing to suppress statements he made to BPD, which was denied. His trial is scheduled for October.
 
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