On day 1, aunt accused of faking pregnancy in kidnapping trial

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by David Ade

MADISON -- 31 year old Kristen Smith is facing life in prison if convicted of kidnapping her half sister's 4-day old son from Beloit back in February.

The baby was found alive inside a frosted over tote bin behind an Iowa gas station 30 hours after he was taken.

The prosecution and defense agreed Smith took the child from her half sister's Beloit home.

The prosecution says Smith never had permission and took the baby for her own benefit, but the defense says the child's father asked Smith to take the baby to Colorado.

Much of Monday's testimony focused on what the prosecution says was Smith faking a pregnancy.

The prosecution showed emails between Smith and a former boss.

Two days before the child disappeared from Beloit, prosecutors say Smith sent an email to her boss saying "I had the baby everyone he weighed in at 6lbs 10ozs."

Lawyers also say it included a picture of a newborn baby pulled off Instagram.

Smith's boss testified her reply to Smith was "He is so CUTE!!! and I love the name."

Another investigator testified Smith used her computer to search how to fake a pregnancy.

Smith's lawyer said during his opening statement Smith didn't fake a pregnancy, she had a miscarriage and was having trouble dealing with that.

Smith’s defense also says she put the baby in the bin because Smith panicked once she found out police was involved.

Before testimony got underway Monday, the federal judge hearing the case told the jury this trial could take up to five days.

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