Alleged baby-napper Kristen Smith's FBI statement may be tossed - KWWL - Eastern Iowa Breaking News, Weather, Closings

Alleged baby-napper Kristen Smith's FBI statement may be tossed

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MADISON, Wis. (KWWL) -

Part of an interview between police and the woman charged with kidnapping a 5-day-old infant may not be able to be used in court.

Kristen Smith is accused of taking a newborn from a relative in the Town of Beloit, Wisconsin, in February and leaving him outside in freezing temperatures overnight at a West Branch gas station. The baby survived.

Smith's defense attorney Matt Noel said during a preliminary hearing Thursday that she wasn't read her rights before FBI agents interviewed her. Therefore, Noel wants everything Smith told police to be kept out of court.

Smith testified in U.S. District Court that she asked for a lawyer during the early stages of the FBI interview.

"Under case law, if you request an attorney, unless the defendant does something to re-initiate contact with the law enforcement, they are supposed to honor that request and get you an attorney," said Noel.

Prosecutors disagree.

"The defense did argue that Ms. Smith was coerced into making any statements or confessions and evidence we put on, we believe, shows no coercion at all," said Julie Pfluger, U.S. assistant attorney.

Smith's trial is set for July 28.
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