San Jose Kidnapping: 2 Suspects Charged; 1 Suspect Released

Two suspects charged with kidnapping and related felonies; third suspect released without charges

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Two suspects were arraigned and charged in court Thursday for the kidnapping of a 3-month-old baby in San Jose earlier this week.

Jose Roman Portillo, 28, and Yesenia Guadalupe Ramirez, 43, were charged with kidnapping and related felonies three days after Brandon Cuellar was taken from his grandmother's San Jose home, according to the Santa Clara County District Attorney's Office. Portillo and Ramirez are being held on no bail and will return to court at noon Friday. Charging documents in the case can be viewed here.

Senior Investigative Reporter Stephen Stock has an updated timeline of the kidnapping of 3-month-old baby Brandon Cuellar in San Jose.

A third suspect arrested in connection with the kidnapping was released without charges, NBC Bay Area confirmed.

"The kidnapping of Baby Brandon sent a shudder through our whole community, not just us parents," Santa Clara County District Attorney Jeff Rosen said in a statement. "The San Jose Police – who worked through the night to find and rescue this child – are the heroes of this story. Now, my office will go to work to hold his kidnappers accountable."

The district attorney's office said evidence shows Portillo and Ramirez plotted to snatch Brandon from his grandmother's care.

Investigators are still trying to determine a motive for the crime.

On the day of the kidnapping, Ramirez, who police say is a family friend, helped Brandon's grandmother with a shopping errand, and when they returned, Portillo allegedly entered the grandmother's apartment with a baby carrier and took Brandon.

Two surveillance video clips from that day appear to show Portillo before and after the kidnapping. The first clip appears to show him walking toward the apartment with a baby carrier. The second clip appears to show him walking away from the residence with Brandon in the baby carrier.

Authorities were able to identify Portillo's vehicle via security footage. The vehicle is registered to Ramirez, according to the district attorney's office.

Authorities arrested Portillo on Tuesday at his apartment in San Jose.

Brandon, who was found at Portillo's apartment, was checked out at a hospital and determined to be uninjured.

Santa Clara County District Attorney Jeff Rosen spoke about the charges filed against two suspects in connection with the kidnapping of a 3-month-old baby in San Jose.

At Ramirez's home, authorities found numerous baby items, including formula, diapers in the size worn by Brandon and a rocker, according to the district attorney's office.

Ramirez and Portillo do not have infant children of their own or infant family members living with them, officials believe.

Prosecutors said evidence will show Ramirez may have purchased a baby carrier as early as April 1 – 25 days before the kidnapping.

NBC Bay Area privately reviewed surveillance photos that appear to show Ramirez walking around with that carrier and wearing a wig in the days before the abduction.

"As to why it happened, that’s not something that we can completely explain or may ever be able to explain," Rosen said.

Legal analyst Steven Clark joins NBC Bay Area's Audrey Asistio to discuss the San Jose kidnapping case.

Rosen said the facts of the case appear to be bizarre, even for a child abduction case. He said most kidnappings involve some kind of family custody dispute.

"This one did not," he said. "And this is more unusual and more frightening."

Jessica Ayala, Brandon's mother, was in court Thursday to watch the proceedings. She said it's difficult to see the person who allegedly took her baby and not be able to do anything about it.

She also said she feels insecure now and is afraid to trust anyone again.

NBC Bay Area spoke with Ramirez's appointed attorney Cody Salfen, who was surprised she was denied bail, which he argues is normally allowed for charges like these.

"She has no apparent history that comes anywhere close to the seriousness of the allegations before the court currently. We have a woman, from what I can tell, who is terrified. She’s never been to jail as far as I can tell," he said.

Anyone with information about the kidnapping case or the suspects is asked to call 408-277-4166.

Jessica Ayala speaks out after suspects were arraigned and charged in court Thursday for the kidnapping of a 3-month-old baby in San Jose earlier this week. Ian Cull reports.
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