Houston Chronicle

Grandparen­ts in kidnap case sue ex-son-in-law

- By Massarah Mikati massarah.mikati@chron.com

A wealthy Brazilian couple, sentenced to federal prison for helping kidnap their grandson, sued their ex-son-in-law this week, alleging that he defrauded the court in the trial that led to their conviction­s.

Carlos and Jemima Guimaraes were sentenced in December for their role in the kidnapping of their grandson, Nicolas Brann, now 9 and living in Brazil with his mother. The boy’s father, Christophe­r Brann, shared joint custody with his ex-wife, Marcelle Guimaraes.

At a news conference Thursday morning, the Guimaraes’ lawyer, Jeff Diamant, said Brann had twisted the narrative of his marriage to their daughter, portraying himself as the victim of domestic violence. The couple claim he was the perpetrato­r.

“This lawsuit is all about the fact that (Brann) built this house of cards on fundamenta­l lies,” Diamant said. “His behavior and conduct in the marriage was nothing short of sociopathi­c.”

Brann’s attorney, Alan Daughtry, called the lawsuit “frivolous” and “further harassment” of Brann, a physician. He said Brann intends to file a motion to dismiss the suit.

“(The) claim of ‘fraud on the court’ has already been rejected, as Dr. Brann has prevailed on the merits before a federal jury, a federal judge, a Texas trial court judge, and the First Court of Appeals,” Daughtry wrote in a statement Thursday.

The lawsuit, filed Wednesday in state district court in Harris County, accuses Brann of an addiction to sex and pornograph­y. It includes diary entries, emails and voicemails sent to Marcelle and excerpts from his testimony from court in Brazil — where Marcelle relocated with Nicolas.

“She did this as a mother to protect her child,” Diamant said.

The Guimaraes’ case garnered internatio­nal media attention, in part because Brann advocated for courts, legislator­s and diplomats in two countries to intervene and testified at hearings on Capitol Hill.

The protracted conflict began when Marcelle Guimaraes took Nicolas, then 3, to a family wedding in Brazil in July 2013 and never returned.

Witnesses at the 10-day jury trial said Jemima Guimaraes helped her daughter land a job at a school where she was the director, and enrolled the boy there. Carlos Guimaraes, a businessma­n, helped pay tuition for the boy at schools in both countries and bought a series of return tickets for Marcelle and the boy that prosecutor­s said were part of a coverup. Evidence indicated the grandparen­ts provided housing and helped pay attorney fees.

In 2017, Marcelle Guimaraes and her parents were charged under seal, and the grandparen­ts were arrested when their plane touched down in Miami.

The Guimaraese­s were convicted in May 2018. The case was one of only 53 internatio­nal parental abduction prosecutio­ns brought by the Justice Department and the first conviction the U.S. Sentencing Commission could document involving noncustodi­al grandparen­ts, U.S. District Judge Alfred H. Bennett said in their December trial.

Carlos Guimaraes was sentenced to three months in federal prison. Jemima Guimares was sentenced to one month in a federal facility. After their time in custody, both defendants must serve one year of supervised release.

Marcelle Guimaraes, living with Nicolas in the Brazilian city of Salvador, is considered a fugitive by the U.S. government.

 ?? Gabrielle Banks / Staff ?? Carlos and Jemima Guimaraes, convicted for helping to kidnap their grandson, claim their ex-son-in-law defrauded the court.
Gabrielle Banks / Staff Carlos and Jemima Guimaraes, convicted for helping to kidnap their grandson, claim their ex-son-in-law defrauded the court.

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