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Kidnapping suspect appears in federal court

Kristen Smith arrives for a hearing Feb. 14 in Tipton, Iowa. Smith has pleaded not guilty to a federal kidnapping charge. (AP Photo/Ryan J. Foley)

Kristen Smith arrives for a hearing Feb. 14 in Tipton, Iowa. Smith has pleaded not guilty to a federal kidnapping charge. (AP Photo/Ryan J. Foley)

MADISON, Wis. (AP) — Attorneys agree that part of an interview between police and the woman charged with kidnapping a 5-day-old infant won’t be used in court.

Kristen Smith is accused of taking the newborn from a relative in the town of Beloit in February and leaving it overnight outside an Iowa gas station. The baby was found alive and well.

Defense attorney Matt Noel said during a preliminary hearing Thursday that Smith wasn’t read her rights before FBI agents interviewed her. Prosecutors agree that about two hours of the daylong interview shouldn’t be used in court.

But Noel wants everything Smith told police to be kept out of court. Smith testified in U.S. District Court that she asked for a lawyer during the early stages of the FBI interview.

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