A plea deal has collapsed for Leoda Bradshaw, the woman charged with capital murder in the 2023 abduction and killing of 10-month-old Serayah Paulwell and her mother, 27-year-old Toshyna Patterson. Director of Public Prosecutions (DPP) Claudette Thompson declared in the Supreme Court on Thursday: “We’re going to trial.”
Bradshaw, a former US Navy culinary specialist, has been in custody since October 2023. She was expected to have a plea and case management hearing later this month, but the defence asked for the matter to be brought forward. What followed was a hearing before Chief Justice Bryan Sykes that exposed a deep disagreement over the exact charge.
Thompson explained that the Crown had indicted Bradshaw for capital murder. But the defence team, led by Deborah Martin, said their client wanted to plead guilty to non-capital murder and had served notice of their intention to seek a Newton Hearing. A Newton Hearing is a legal procedure used when a defendant pleads guilty but disputes the prosecution's version of the facts. Because the facts affect sentencing, a judge alone decides which version is true.
“It seems my friend would like to plead guilty to murder under Section 2(2) of the Offences Against the Person Act. My understanding is that if the accused were to so plead then Milord would be limited,” Thompson told the court.
The prosecution argues the murder falls under Section 2 (1) (e) (i) of the legislation. Under that provision, which was recently amended, individuals convicted of capital murder face life imprisonment with a minimum of 50 years before parole eligibility. Non-capital murder convictions require a minimum of 45 years.
Martin told the chief justice that her client had given a detailed statement in preparation to plead guilty. “In subsequent conversations with the Crown, they indicated that, having perused the statement, her account of events wasn’t consistent with that of the other witnesses on whom the Crown intended to rely. They had settled their indictment,” Martin said.
She added that the “particulars of counts one and two” in that indictment contained details which were the very essence of the disagreement between the Crown and the defence. “The defence can’t agree a particular [specific, detailed facts supporting a legal claim or charge] that is in dispute...we don’t see how to proceed,” Martin said.
Justice Sykes weighed in, noting that the legislation categorises different types of murder. “The prosecution doesn’t appear to be seeking the death penalty up to now and, in that respect, the defendant has received significant considerations. So only question now would be sentencing and length of time,” he said.
Martin responded: “That’s the issue, length of time and parole. We’re prepared to enter the plea.” But Justice Sykes pushed back: “But to what? There are different levels of murder. When a defendant enters a plea on a set of particulars, you have to start from there…even with the particulars, there’s no one size fits all, this was supposed to be a contract killing. Not all contract killings are the same…so the statute contemplates the distinction between the persons eligible for the death penalty and those who aren’t.”
Thompson stressed that the Crown had been “very deliberate in not serving the Death Penalty Notice” on Bradshaw. She argued that this was a “huge concession” given that a Death Penalty Notice was already served on one other accused in the same matter. “If there was ever a case that fits what the section intended, this would be it,” the DPP added.
“I believe the Crown has made a concession already, up until yesterday everybody knew the indictment we were proceeding on. We’re going to trial. We’ll have a plea and case management date. There will be a trial.”
Justice Sykes adjourned the matter, setting a plea and case management hearing for June 24 to determine, among other things, a possible trial date. The trial itself is set for September 28.
On Thursday, Bradshaw, clad in a belted buttercup gold midi shirt-dress, her pixie-like face framed by short natural curls, observed the proceedings quietly.
The plea and case management hearing on June 24 will be crucial. That’s where the court will decide whether the case can proceed to trial on September 28 as scheduled. If no agreement is reached on the charge, the trial will go ahead with the Crown pursuing a capital murder conviction. The defence may still attempt to negotiate a plea, but for now, Bradshaw faces the possibility of life imprisonment with a minimum of 50 years before parole if convicted as charged.