Bessemer woman sentenced to prison for child abuse

By RICHARD JENKINS

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Bessemer - A Bessemer woman was sentenced to at least three years in prison in Gogebic County Circuit Court Monday for abusing her child.

Kayla Marie Brown, 27, was sentenced to between 36 months and 10 years in prison on one count of second degree child abuse.

"Without question Ms. Brown's actions in this case were destructive, catastrophic, life-changing and severely traumatic events to (the victim); for which only the future will tell us whether or not he can recover from those," Judge Michael Pope said. "But he is certainly in for a long road, that unfortunately began with poor choices and terrible actions by his own mother."

"I'd just like to say, for what I've done, I'm really sorry for hurting my son and I don't wish it on anybody else," an emotional Brown told the court.

Brown was charged with abusing her then-7-year old son and failing to stop Matthew LaPlant, 37, from abusing the child when they lived together.

The abuse included putting the child in a dog kennel, hitting him with a belt and calling him names.

Brown pleaded guilty to the charge in October as part of a plea agreement that called for a sentence within the 19-38 months recommended in the Department of Corrections sentencing guidelines.

While Pope has the ability to impose a sentence outside the guidelines, Brown would have the opportunity to withdraw her plea and likely send the case to trial - which Pope said would almost certainly require the victim to testify again.

"I have strongly considered that in this matter and therefor willing to find a sentence within the guidelines will be proportionate," Pope said, adding he didn't want the victim to have to come to court and recount the abuse again.

The victim did testify regarding the abuse during LaPlant's trial in August. He was convicted of two counts of second degree child abuse and one count of unlawful imprisonment and was later sentenced to a minimum of six years in prison.

The plea agreement also had one count of first degree child abuse, one of second degree child abuse and one count of unlawful imprisonment dismissed Monday.

When imposing the sentence, Pope contrasted Brown's lack of prior convictions with the seriousness of the charges.

"You were (the victim's) mother and that's what makes this case extremely disappointing, terrible and there needs to be punishment for that," he said.

Earlier in the hearing, Chief Assistant Prosecutor Tracie Wittla asked Pope to consider a sentence less than the maximum 38 months recommended in the guidelines.

"There's nothing I can say that would make this case less bad than it is, this child went through a terrible situation. He should have been protected by his mother and his mother's boyfriend was extremely abusive and violent toward him," Wittla said.

She said while Brown was guilty for participating in the abuse, she was also the one who got him away from LaPlant.

"She's also the person that stopped (the abuse)," Wittla said. "If it was not for her, I have no reason to believe this situation wouldn't be continuing to this day."

Wittla made clear that didn't take away from what Brown did, but said it was something to consider when imposing sentence.

Brown's attorney, Robert Peterson, noted it was rare he agreed with the prosecution on a sentence and proposed a sentence of between 19 and 22 months.

He said Brown was cooperative with LaPlant's, so much so that she was charged due to her admissions.

"Because she didn't exercise her right to remain silent, she brought her own case out and she was very free about admitting it," Peterson said. "Not that she was glib about it, she's very remorseful for what's happened."

He said she was scared of LaPlant and scared he would harm the victim more if she didn't cooperate with him.

Brown received credit for 53 days served in jail prior to sentenced and ordered to pay $258 in various costs.

While she already severed her parental rights, Pope also ordered Brown have no contact with the victim.