Accused kidnapper takes stand

Smith testifies that 5-day-old's parents planned to meet up with Smith, baby, to live in Colorado

MADISON, Wis. — The woman accused of kidnapping her newborn nephew and driving him across state lines took the stand Wednesday in her own defense.

Kristen Smith, 31, of Colorado, is on trial in federal court this week.

Smith is charged with kidnapping 5-day-old Kayden in early February. The infant was found about 30 hours later inside a frost-covered plastic bin behind a gas station in Iowa.

Smith testified that she suffered a miscarriage in January two weeks before her half-sister, Brianna Marshall, gave birth to Kayden Powell.

Smith said Marshall planned to move herself, her baby and the baby’s father to Colorado to live with Smith. Smith testified that when she awoke to leave Beloit the day Kayden was reported missing, Kayden’s father told her to take the baby with her. Smith said when Marshall called her at about 4:30 a.m., Smith told Marshall Kayden was with Smith. When police called Smith asking her to pull over, Smith said she wasn’t thinking straight at that time.

The trial was halted briefly Wednesday afternoon after Smith began sobbing uncontrollably on the witness stand.

An FBI agent who testified for the prosecution Wednesday morning said Smith’s car was packed with baby clothes, a car seat and a stroller. Smith testified in court that the baby items in her car were placed there by Kayden’s parents. The bin Kayden was found in alive on Feb. 7 was also put in Smith’s car by Brianna and Kayden’s father, Smith testified. The police chief who found Kayden inside the bin testified Tuesday that the lid was clamped shut and frost had formed on top.

Investigators also found a prosthetic pregnancy belly in Smith’s car.

Closing arguments are expected to take place Thursday morning, and the case will then be in the hands of the jury.

If convicted, Smith faces 25 years to life in federal prison.