IDAHO FALLS — The Utah woman accused of kidnapping and killing her granddaughter in Idaho Falls made her first court appearance Tuesday as dive teams continued to search the Snake River for the toddler's body.
Kelley Jean Lodmell was charged in Idaho's 7th District Court with one count each of kidnapping and murder by aggravated battery and/or kidnapping, both first-degree felonies. Under Idaho law, both crimes carry a potential death sentence.
Prosecutors believe Lodmell, who has a history of mental illness, kidnapped Acacia Patience Bishop on Sunday in Salt Lake County and drove to Idaho Falls, where she jumped in the Snake River with the baby just before noon Monday.
"We have reason to believe that she intentionally jumped in the river to commit suicide and kill the baby as well," Idaho Falls Police Sgt. Steve Hunt said.
Lodmell decided not to jump off the heavily traveled Broadway Street bridge over the Snake River "because of too many people," court documents state. When she did jump into the water a short distance away from the bridge, she "held the baby tight under water and then let her go," according to court documents.
Lodmell could also be facing federal kidnapping charges, since she apparently crossed state lines with the child. The U.S. Attorney's Office for Utah is working with Idaho prosecutors to determine how charges will be handled at the federal level.
"We would anticipate that they would at least do the homicide, but we can still do the federal kidnapping if we choose to," said Melodie Rydalch, spokeswoman for the U.S. Attorney's Office in Utah. "We'll continue to work with them and see what makes the most sense."
Lodmell made an initial court appearance in Idaho Falls on Tuesday afternoon before a judge via closed-circuit television. Wearing a tan jumpsuit and with her hands shackled in front of her, Lodmell gave short, matter-of-fact answers to the judge's questions when asked her name and if she needed a public defender. Lodmell was also quick to correct the judge's pronunciation of the child's name.
Biting her bottom lip and shifting in her seat several times, Lodmell appeared to be on the brink of tears during the short arraignment. The judge appointed her a public defender and set her next court hearing for June 10. She is being held without bail at the Bonneville County Jail.
Police and prosecutors Tuesday were tight-lipped about what information Lodmell had given them. They did not have answers as to her motivation or why she drove to Idaho Falls.
"We just suspect that there was premeditation involved in the attempted homicide/suicide, but as far as the intention to come to this particular park in Idaho Falls, I can't tell you about that," Hunt said.
Bonneville County prosecutor Dane Watkins said there was both physical evidence that had been collected as well as statements given that enabled authorities to file a murder charge.
Some evidence was collected from Lodmell's car, recovered in the parking lot of the Red Lion Hotel in Idaho Falls, where both Lodmell and the baby stayed Sunday night, Hunt said. He declined to discuss the evidence in any more detail.
During a Tuesday afternoon press conference at the site where divers had been searching for two days, Bishop's parents tried to blend in with the crowd to listen but rushed away after photographers spotted them. Hunt described the family as "very emotional" Tuesday.
Divers from the Bonneville County Sheriff's Office finished searching a 150-yard channel, or raceway, Tuesday afternoon that runs parallel to the Snake River and next to Idaho Falls Power, where Lodmell apparently jumped in the water with the baby. Search dogs were also used to scan a milelong stretch of the banks of the river. Divers were expected to actually go into the swift-moving river today and search the banks of the river again.
The raceway Lodmell is alleged to have jumped into with the child is very murky, with visibility down to just an inch in some spots, investigators said.
"There's a lot of hand work, feeling through the water," said Bonneville County Sheriff's Capt. Paul Wilde, the dive coordinator for the searchers Tuesday.
Lodmell originally said she and the baby had slipped into the water while dipping their feet.
Searchers are only able to dive for a limited amount of time in the cold water. Wilde said the fatigue and physical strain make the search tough.
"They know what they're looking for. It's an emotional drain on them," he said.
Despite earlier statements, divers now say they have not set a time limit for calling off the search. Wilde said they will "play it by ear" and re-evaluate each day where the search is and if more can be done.
A helicopter from the Utah Department of Public Safety, as well as canoes and small power boats, assisted in the search Tuesday.
"We have people working the river banks looking for remains or any items of clothing," Hunt said.
An AMBER Alert was issued Monday morning before 6 a.m. for the missing girl after police learned her grandmother was mentally ill. The alert is not typically used in custodial disputes, but when authorities learned of the grandmother's history of schizophrenia they decided the AMBER Alert was appropriate.
"Once we got to that bottom line that she was as mentally ill as she was, we said, 'You know, let's just do it,' " Salt Lake County sheriff's deputy Peggy Faulkner said.
The Utah Attorney General's Office AMBER Alert Advisory Committee met Tuesday for a preliminary review of how the system was activated in this case. They plan a formal review some time next week, attorney general spokesman Paul Murphy said.
"We set it up that each law enforcement officer has to make that tough call. I think the toughest choice is trying to make that decision whether or not a child is in imminent danger," Murphy said. "That's a tough decision to make. We set it up so it's not up to a broadcaster to make that decision. It's up to a law enforcement officer who's investigating the scenario to decide if that child is in danger."
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