New indictment in kidnapping of Aurora woman's 5-day-old nephew

MADISON, Wis. - Federal prosecutors in Madison have filed a new indictment against the Colorado woman accused of kidnapping her 5-day-old nephew from Wisconsin and leaving him overnight in freezing temperatures outside an Iowa gas station.

Kristen Rose Smith of Aurora, Colorado, was previously charged with kidnapping Kayden Powell from a Town of Beloit home in February.

Police caught up to Smith at an Iowa gas station after her sister, Brianna Marshall, reported her own newborn missing. Smith denied any involvement and was arrested on an outstanding warrant. About five hours later, police found the newborn. He was alive, wrapped in blankets in a plastic tote box behind another gas station 500 yards away from Smith's arrest.

According to investigators, Smith later admitted to taking the newborn, even drawing a map to where the baby was eventually found.

Investigators believe Smith faked a pregnancy leading up to the kidnapping, finding a prosthetic pregnancy belly in her vehicle.

The new indictment Wednesday specifies that the victim was under the age of 18, a fact that triggers a mandatory minimum penalty. If convicted, she'd now spend 25 years to life in a federal prison.

A message left with her defense attorney, Matt Noel, was not immediately returned.

Smith was arrested in West Branch, Iowa, on Feb. 6. The child survived despite being left in frigid temperatures for more than 24 hours.

Smith's trial starts July 28.

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