Mother and son charged in rape, kidnapping case inform judges of pending plea deal
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POCATELLO — A mother and her son charged with kidnapping each pleaded not guilty during their first appearances in District Court.
Kadyn Leo Swainston, 18, faces felonies for rape of a minor, second-degree kidnapping, and three counts of producing child porn. His mother, 43-year-old Rachael Marie Swainston, is charged with second-degree kidnapping.
Kadyn pleaded not guilty to his charges, appearing for the first time before District Judge Rick Carnaroli Monday morning. His defense attorney, Bannock County Chief Public Defender Dave Martinez, informed Carnaroli that he expects the “matter will be resolved shortly,” suggesting a plea agreement may be in the works.
Prosecuting attorney Erin Tognetti later confirmed to EastIdahoNews.com that a plea deal is being discussed.
Rachael, making her first appearance before District Judge Javier Gabiola, also pleaded not guilty — with a plea deal expected in her case as well.
Rachael and Kadyn were arrested in October following an investigation by the Pocatello Police Department. The investigation was initiated after officers received reports from a family member of the victim, 15, claiming she’d been impregnated by Kadyn and taken to Oregon by Kadyn and Rachael for an abortion without parental consent.
A sexual relationship between Kadyn and the victim began when he was 17, police reports show, but continued after his 18th birthday.
Following the abortion, the victim, who had been living with the Swainstons, told officers she was kicked out of the home.
As part of the abortion procedure, the victim reported she had undergone an STD test which showed she tested positive for chlamydia.
The victim informed officers that she and Kadyn used their cell phones to record photos and videos of the two engaged in sex acts. Officers received information from the victim to extract those files from her phone, and later obtained a search warrant for Kadyn’s phone.
As part of their warrant, officers confirmed phones belonging to the victim, Kadyn and Rachael traveled from Pocatello to Oregon and back together.
While attorneys for Kadyn, Rachael and prosecutors continue to work toward a plea agreement, judges in the separate case have scheduled follow-up hearings.
Kadyn is set to appear before Carnaroli on April 15. Rachael has been scheduled for a pre-trial conference before Gabiola on June 3 — though attorneys for the prosecution and defense have been alerted that a new hearing will be scheduled if he is informed an agreement has been reached.
Though Kadyn and Rachael have been charged with these crimes, it does not necessarily mean they committed them. Everyone is presumed innocent until they are proven guilty.
If they are found guilty, Kadyn would face as much as life in prison while Rachael would face up to 25 years in prison.