Defendants in San Jose Baby Brandon kidnapping case plead guilty
SAN JOSE (CBS SF) -- The two people accused in the kidnapping of a three-month-old San Jose toddler in April pleaded guilty at a preliminary hearing Tuesday, according to prosecutors.
Yesenia Guadalupe Ramirez, 44, and Jose Roman Portillo, 28, pleaded guilty to eight charges encompassing kidnapping, attempted kidnapping, conspiracy, burglary and vehicle tampering in the case of Brandon Alexis Cuellar. The child was missing for 20 hours before police located him in a case that drew national attention.
Both faced a maximum sentence of 16 years and four months. Bay Area News Group reported the judge told Ramirez her plea meant she would face no more than 14 years in custody, while Portillo would face five years.
Neither will stand trial and both will be sentenced on October 28, the Santa Clara County District Attorney's office said.
According to Bay Area News Group, Tuesday's hearing included testimony that Ramirez intended to convince one of her extramarital lovers that the baby was her own. Prosecutors said Portillo was a love-struck accomplice to Ramirez's kidnapping plans.
The DA's office said evidence uncovered during the ongoing investigation into the kidnapping indicated that Ramirez and Portillo previously plotted and unsuccessfully attempted to kidnap the infant at least three other times, dating back weeks before the actual kidnapping on April 25.
In one attempt, Portillo posed as a Child Protective Services (CPS) worker who was there to take custody of the baby. In that incident, the suspicious family refused to give up Brandon.
The district attorney's office said the family decided to call CPS, who stated that they had not sent anyone to take Brandon. Portillo eventually left after the family did not give Brandon to him. Ramirez was present at the victim's home when that attempted kidnapping happened. Evidence indicated the two suspects plotted this attempt on March 14.
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Evidence additionally showed that Ramirez and Portillo planned to kidnap Brandon at a local Walmart twice: once on March 28, and once on the morning of the successful April 25 kidnapping. Evidence showed that in both those cases, Portillo and Ramirez attempted to kidnap Brandon and failed. Authorities said in the first attempt, they were unable to switch shopping carts in an effort for Portillo to leave the store with Brandon. On the second attempt, they were unable to distract Brandon's grandmother.
The vehicle tampering charge was added after investigators determined Ramirez had a different boyfriend cut the brake lines of the mother's car.