Baby's mother, father say they were given "pain pills" before ba - WKOW 27: Madison, WI Breaking News, Weather and Sports

Baby's mother, father say they were given "pain pills" before baby was kidnapped

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 MADISON (WKOW) - The mother and father of a Beloit baby testify they were given "pain pills" by Kristen Smith, before authorities say Smith kidnapped the infant and made an ill-fated attempt to escape with the child.

Brianna Marshall testifies Smith gave her a pill for pain Feb. 5 after Marshall complained of feeling ill, even though Marshall had a prescription for Vicodin to help her cope with the effects of having recently given birth to Kayden Powell.  Marshall testifies she quickly became sleepy.

The child's father, Bruce Powell testifies Smith gave him three pills the same night, after he complained of a headache. Powell said he then slept until approximately four a.m. Feb. 6, when a hysterical Marshall awoke him to tell him the baby was gone. Powell testifies he did not know what medication Smith gave him.

Authorities say Smith took the baby, and abandoned the boy in freezing cold weather in Iowa, when she became aware police officers were seeking her. West Branch Police Chief Mike Horihan found the surviving child the next day, in a plastic tote near a gas station.

"I was surprised he was doing as well as he was," West Branch fire department EMT Sandy Heich testifies. Jurors were shown the plastic tote the baby was placed in, and the blankets that were wrapped around him.

Powell testifies he nearly collapsed and felt he "could breathe again" when an FBI agent informed him his infant son was found alive. Marshall testifies she pushed a security guard aside at an Iowa hospital, when she and Powell were brought there to reunite with the baby.

Marshall struggled with emotions on the witness stand Tuesday, when prosecutors produced the baby blanket that was left behind when Kayden Powell was taken.

During testimony, Powell conceded the couple's relationship included a break-up and frequent arguing, with Powell even requesting a paternity test shortly after the child's February birth to assure he was the father, but later rescinding the request.

Both parents testified they tentatively planned to move to Smith's Colorado home with the baby, to the angry protest of several of Marshall's family members. Powell testified Marshall's brother, Byron, threatened to kill him if the move took place, and made a shooting gesture with his hand.

An attorney for Smith, Marshall's half-sister, said in an opening statement Powell had given Smith permission to leave with the baby. But the question of permission was never asked of Powell during his testimony, although attorneys say Powell may be recalled to the witness stand.

Jurors Tuesday also heard the 911 call from Marshall on the morning of the kidnapping. She sounded hysterical at times, but rebuffed a dispatcher's question about whether Smith could have four day old Kayden. "She wouldn't take my son," Marshall said.

A police videotape was also played,. showing Smith standing by as an officer at the Iowa gas station searched her van for any sign of the baby. The officer testifies Smith provided him with a false name, but was arrested on an outstanding warrant from Texas.

Previous trial testimony included evidence of Smith obtaining a birth certificate application, accessing web sites on faking a pregnancy with a false belly, and informing an employer she had given birth, around the time of Kayden Powell's birth. Powell testifies he and Marshall believed Smith had miscarried a child, before she arrived in Beloit at the time of the Powell infant's birth.

 Smith's kidnapping trial may go to the jury Wednesday.





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