A man and woman who conspired to kidnap a San Jose baby boy in April were expected in court Friday for sentencing.
Yesenia Ramirez and Jose Portillo pleaded no contest in August to the kidnapping of baby Brandon and face lengthy prison terms. Ramirez faces up to 14 years, and her boyfriend, Portillo, could get up to five years.
Testimony during the preliminary hearing revealed that before the kidnapping, Ramirez twice asked to take Brandon out shopping. The second time, police say, Ramirez did not return the baby until the next morning.
Brandon's mother, Jessica, also took the stand at the August hearing and said she wasn't angry and had already forgiven the suspects. But she also said she is afraid the suspects will get out of jail and do something worse.
Prosecutors also say Ramirez or Portillo may have placed a tracking device on baby Brandon's family car.
As for a motive in the case, testimony indicated Ramirez told another boyfriend she had given birth to his child, and she kidnapped Brandon because he demanded she show him the baby.
The lead investigator testified that the third man, Francisco Marquez, firmly believed baby Brandon was his. He called police the day after the kidnapping to ask why they arrested his child's mother.
Prosecutors said because the couple pleaded guilty to all counts, the judge can set the sentencing parameters, which they objected to.
"These individuals were attempting to kidnap Brandon Doe and also cause some kind of harm to his family," Wise said. "There should have been an opportunity to have a sentencing hearing where they could have been sentenced up to the maximum."
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