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POCATELLO, Idaho — 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 Swainston pleaded not guilty to his charges, appearing for the first time before 6th 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 Swainston, making her first appearance before 6th District Judge Javier Gabiola, also pleaded not guilty — with a plea deal expected in her case as well.
Rachael Swainston and Kadyn Swainston 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 Swainston and taken to Oregon by Kadyn Swainston and Rachael Swainston for an abortion without parental consent.
A sexual relationship between Kadyn Swainston and the victim began when he was 17, police reports state, 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 Swainston used their cellphones 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 Swainston's phone.
As part of their warrant, officers confirmed phones belonging to the victim, Kadyn Swainston and Rachael Swainston traveled from Pocatello to Oregon and back together.
While attorneys for Kadyn Swainston, Rachael Swainston and prosecutors continue to work toward a plea agreement, judges in the separate case have scheduled follow-up hearings.
Kadyn Swainston is set to appear before Carnaroli on April 15. Rachael Swainston has been scheduled for a pretrial 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.
