Defendants in San Jose Baby Brandon kidnapping case receive prison sentences

Defendants in San Jose Baby Brandon kidnapping case receive prison sentences

SAN JOSE -- A San Jose couple accused in the April kidnapping of a three-month-old toddler they had repeatedly attempted to abduct were sentenced to prison Monday.

44-year-old Yesenia Guadalupe Ramirez was sentenced to 13 years. Her co-defendant -- 29-year-old Jose Roman Portillo -- will serve 5 years for his role in the April 24th abduction of 3-month-old Baby Brandon.

The baby was found safe a day later. It was later revealed the couple had attempted to kidnap him at least four other times prior to the April incident because Ramirez wanted to raise him as her own.

Jose Portillo and Yesenia Ramirez in court during a previous hearing. CBS

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.

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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.

A hearing last summer 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.   

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 couple entered guilty pleas back in August to avoid even stiffer sentences. 

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