Woman regrets
her ship threatsFerguson's pregnancy may have
affected her mind, her lawyer says
A 20-year-old California woman regrets that she left threatening notes on a cruise ship off Hilo last month and had not realized how serious her actions were, her attorney said yesterday.
But hormones may have affected Kelley Marie Ferguson's ability to think clearly, said her attorney, deputy public defender Loretta Faymonville.
Ferguson is about seven months pregnant, it was revealed in federal court in Honolulu yesterday. Faymonville said Ferguson's condition may have contributed to her mental state.
Ferguson, of Laguna Hills, pleaded guilty yesterday to one count of giving false information about an attempt to kill passengers on mass transportation, a federal offense punishable by a maximum of 20 years' imprisonment.
But under federal sentencing guidelines, she could get anywhere from 12 to 24 months in prison, plus a period of supervised release, Faymonville said.
Ferguson and her family were passengers aboard the cruise ship Legend of the Seas en route from Ensenada, Mexico, to Hilo when notes were discovered on April 22 and 23 in a women's restroom threatening to "kill all Americanos" if the ship stopped at any American port.
The threats forced the ship to cancel its Hilo stop and anchor off Honolulu while 120 members of the Hawaii Joint Terrorism Task Force searched the vessel and questioned its 2,400 passengers and crew members. The search cost the Coast Guard alone $336,000.
Ferguson wrote the notes for several reasons -- mainly because she was separated from boyfriend Joshua Brashear and wanted to return home to be with him, Faymonville said.
"She has been separated from the father of the baby. She never wanted to go on the cruise. She's only 20," Faymonville said. "She never had the slightest idea that what she was doing would have such an impact. I can't tell you how sorry she is."
Federal Magistrate Kevin Chang accepted her guilty plea and ordered her released into the custody of her parents, Timothy and Debra Ferguson, in California until sentencing on Sept. 22. The U.S. District Court in Santa Ana will be responsible for monitoring her.
Ferguson's parents, who participated in the hearing via telephone, both agreed to be responsible for ensuring their daughter complied with the court's conditions.
Ferguson is expected to return to California as soon as travel arrangements can be made, but no later than Monday, when she is required to post a $5,000 bond at the District Court in Santa Ana.
Federal prosecutors had previously argued successfully that she was a flight risk and should be detained without bail. But yesterday, Assistant U.S. Attorney Ken Sorenson cited Ferguson's change of plea and the court's satisfaction that the conditions it imposed upon her would ensure her appearance at sentencing.
"We felt it was appropriate to give her a chance on the conditions, especially given the fact that she is in probably the middle stages of pregnancy," he said.
Included in those conditions were that Ferguson not contact Brashear.
She also will remain under house arrest at her parents' Laguna Hills home and likely cannot leave home except for doctor's visits, Faymonville said.
Santa Ana court officials will place her under global positioning satellite monitoring. She will wear an anklet transmitter and portable tracking device which can pinpoint her exact location at all times.
Ferguson also must undergo psychiatric evaluation and counseling as recommended.
While Ferguson is unhappy that she will have to stay away from Brashear, "she totally accepts and understands it" and will abide by it, Faymonville said. "If she didn't agree with that, she'd be in prison and perhaps giving birth in prison, which is definitely not a good thing."
Ferguson could also face additional charges if she violates the court's orders.
Sorenson said Ferguson's pregnancy should have no effect on her sentencing.
She is expected to give birth before then, and he predicts she will serve some prison time, "enough to drive home the message both to her and to other perpetrators that the government takes these kinds of offenses seriously," Sorenson said. "We are looking for people to spend time in prison for committing hoax cases like these."
Ferguson has not been seen by a doctor but believes she is about seven months pregnant, Faymonville said. Ferguson is expected to see a doctor and undergo a sonogram as soon as she returns to California.
Her parents did not know of her pregnancy before the cruise, although her mother had suspected and was not too surprised when informed recently, Faymonville said.