Harris County judge denies dismissal of suit against kidnapped boy’s father

A Harris County judge on Tuesday denied a motion to dismiss a lawsuit against a Houston man accused of making false statements in a criminal case that sent his former in-laws to prison for aiding his ex-wife in the kidnapping of their child.

An attorney representing the man tried invoking a First Amendment protection statute under the Texas Citizens Participation Act, arguing that the Houston father used free speech in the realm of public interest during the trial. While lawyer Alan Daughtry was unsuccessful, he said he plans to appeal state District Judge Dedra Davis’ decision.

“Are we disappointed? Yes,” Daughtry said. “But you know, we think we’ve got good arguments; we think the record’s really good. And frankly, the case will get shut down until the Court of Appeals rules.”

The former in-laws, Carlos and Jemima Guimaraes, brought the lawsuit against Christopher Brann in February, alleging that he defrauded the court in their trial. They were sentenced in December for their role in kidnapping Nicolas Brann, who is now 9 and living in Brazil with his mother.

The elder Brann shared joint custody of Nicolas with his ex-wife, Marcelle Guimaraes. She took their boy, then 3 years old, to Brazil for a family wedding in July 2013 and never returned.

The wealthy Brazilian grandparents sat in on the hearing on Tuesday but declined to speak to reporters. They were released from federal custody earlier this year.

Daughtry accused the Guimaraes family of essentially re-trying the criminal case in a civil court, which their attorney, Jeff Diamant, denied.

“There is no way to have a do-over in the case,” he said. “They should at least get what they deserve for having gone through it.”

In the lawsuit, the couple alleges that Brann was the perpetrator of domestic violence against their daughter Marcelle. The suit also contends that Brann was addicted to sex and pornography.

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Witnesses at the jury trial said that Jemima Guimaraes helped her daughter get a job at the school where she was a director. The grandfather paid for tuition for the boy at the school, and also bought a series of return tickets for the mother and son, which prosecutors said was part of a cover-up.

The couple was convicted in May 2018. The grandfather was sentenced to three months in federal prison, while the grandmother was sentenced to one month in the federal facility. They’re serving one year of supervised release.

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