A woman who prosecutors deemed the "mastermind" of a San Jose kidnapping last April is due for sentencing next month.
Yesenia Ramirez and her accomplice both pled no contest to their kidnapping-related charges.
Ramirez faces up to 14 years in prison. But on Wednesday, her attorney filed new court documents to try to reduce or even eliminate her time behind bars by portraying the kidnapping suspect as a victim.
The images of the incident were compelling and incriminating as video showed Jose Portillo carrying a covered baby carrier with a 3-month-old boy inside. The baby is called "Baby Brandon" to protect his identity.
The video from the incident also showed the man taking the baby and getting into a car. He was seen later walking back with a seemingly empty carrier.
After an extensive, highly-publicized search, Brandon was recovered, and Portillo, along with Ramirez, were arrested and charged with eight counts of kidnapping and conspiracy.
Ramirez turned out to be friends with the child's family and had actually taken Brandon and his grandmother shopping so Portillo could snatch the baby while the women unloaded the groceries.
Text messages showed Ramirez had planned several prior attempts to kidnap Brandon.
As the sentencing date approaches, Ramirez’s attorney, Cody Salfen, filed papers Wednesday that depict a graphic history of Ramirez being abused.
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Salfen said due to her no contest plea, Ramirez never had a full trial, so her psychological history was never shown.
“Our job is to present more of the why," Salfen said. "Why did she do this? What was going on in her life at the time? What were her motivations?"
The sentencing brief filed Wednesday included page after page of Ramirez’s supposed history, including a life of poverty in El Salvador, numerous incidents of abuse, mainly by her stepfather, leading to hospitalizations and psychiatric treatments, followed by rape and, later, domestic abuse.
“The California legislature has recognized that people commit crimes oftentimes because they themselves have been victims of crimes," Salfen said. "It’s a really vicious cycle that is the reality of our criminal justice system. The prey oftentimes become predators."
Salfen added Ramirez’s family, including her estranged husband and Brandon’s family, had relationships that still need to be explored.
But on Wednesday afternoon, the Santa Clara County District Attorney’s Office sent NBC Bay Area its response to be filed two weeks before the hearing.
Santa Clara County District Attorney Jeff Rosen argues the egregious nature of the offense, involving multiple kidnapping plans, has his office recommending 13 years and four months in prison for Ramirez.
The sentencing hearing is set for March 20.
