Judge orders prison for woman who tried to kidnap 5-week-old infant in Salt Lake City

SALT LAKE CITY — A woman will spend time in prison after admitting to trying to kidnap a 5-week-old in a stroller from the infant's grandmother in Salt Lake City.

Kyley Burnham, 37, was ordered to serve one to 15 years in prison for attempted kidnapping, a second-degree felony, after she admitted to trying to take a baby who was with its grandmother. She pleaded guilty as part of a plea deal that reduced the charge from a first-degree felony and dismissed a charge for assault, a class B misdemeanor, and drug charges in another case.

The grandmother reported she had been approached by Burnham, who began yelling at her and accusing her of taking the baby before trying to take the baby herself, charges said. They claim Burnham turned the stroller around while the grandmother tried to cover the infant to stop her, and a man walking nearby put himself between Burnham and the baby while she continued to push past him.

Third District Judge Vernice Trease called it "manipulation." She said the baby's mother wrote a "gracious" letter talking about treatment for Burnham, but the judge said after hearing the arguments at the sentencing, she said Burnham is still manipulative and she had concerns about putting her on probation.

Burnham's attorney, Zachary Powell, said Adult Probation and Parole recommended a jail and probation sentence instead of prison, and argued she would not get the treatment she needs for her drug addiction while in prison.

He argued that her case was delayed because prosecutors were willing to have her go through drug court, but ultimately she was denied because of the type of charge. He asked for her to be released on probation after a few weeks in jail to allow her to complete an addiction program.

Deputy Salt Lake County attorney Julie Sagers asked for the prison sentence, specifically citing a jail call where she claimed Burnham told someone she would live in a different location than she would report to Adult Probation and Parole. She also said Burnham continues to characterize her crime as a misunderstanding, which is "just not accurate."

"This was an incredibly scary moment for the grandmother in this case," Sagers said, noting that the grandmother and another witness' actions prevented a worse scenario.

Burnham said her phone call was mischaracterized, and that she was just keeping her options open. She said her main concern right now is addressing her addiction.

"I'm just hoping that I can get a chance at treatment," she said.

After hearing these facts, Trease said she was "not willing" to put her on probation. She also denied a request to recommend Burnham get credit for the 272 days she has already spent in jail, although Adult Probation and Parole could still decide to give her that credit.

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