FOR IMMEDIATE RELEASE
Monday, July 31, 2023
Two Men Indicted for Repeatedly Raping a Child
One Defendant, Charged with Sex Trafficking of a Child, Allegedly Groomed
13-Year-Old Girl He Met on Social Media; Arranged for Her to Have Sex with Others
Brooklyn District Attorney Eric Gonzalez today announced that two men have been arraigned on a 57-count indictment in which they are variously charged with sex trafficking of a child, promoting prostitution, rape, and related charges for the alleged sex trafficking of a 13-year-old girl.
District Attorney Gonzalez said, “This is an incredibly disturbing case in which two middle-aged men are accused of exploiting a vulnerable child for their own gratification. I am committed to protecting our children from sexual exploitation and will now seek to bring the defendants to justice.”
The District Attorney identified the defendants as Kal Kirby, 43, of East Flatbush, Brooklyn and Jordan Shephard Burnham, 44, of Oak Bluffs, Massachusetts. Kirby is charged with sex trafficking of a child, first-, second-, third-, and, fourth-degree promoting prostitution, second- and third-degree rape, endangering the welfare of a child, use of a child in a sexual performance, possessing a sexual performance of a child, promoting a sexual performance of a child, second-degree unlawful surveillance of a child, and unlawful disclosure of an intimate image. Burnham is charged with second- and third-degree rape, endangering the welfare of a child, promoting a sexual performance by a child, possessing a sexual performance by a child, use of a child in a sexual performance, and aggravated patronizing a minor for prostitution in the second-degree.
Burnham was apprehended in Oak Bluffs, Massachusetts on July 20, 2023 and returned to New York on Friday, July 28, 2023. He was arraigned today before Brooklyn Supreme Court Justice Donald Leo, who set bail at $2 million bond or $1 million cash. The case was adjourned to August 24, 2023.
Kirby was arraigned on July 20, 2023 before Brooklyn Supreme Court Justice Rhonda Tomlinson. He was ordered held without bail and to return to court on August 24, 2023.
The District Attorney said that, according to the investigation, beginning in February 2022, the 13-year-old victim started communicating with Kirby on a social networking app called “Monkey” and then on Instagram. Shortly thereafter, it is alleged, they agreed to meet in person. Kirby allegedly sent a cab to pick up the victim at her Intermediate School and take her to his apartment. They allegedly played video games, ate fast food, and engaged in sexual intercourse. They continued to meet on a weekly basis through December 2022.
In September 2022, it is alleged, the victim went to Kirby’s apartment after school and there were four or five other men there. It is alleged that each of the men engaged in sexual intercourse with the victim, who felt that she couldn’t refuse and complied. She then left the apartment.
Furthermore, it is alleged, that on October 14, 2022, Kirby allegedly sent a photo of the victim in her underwear to Burnham and said he “had a young thing I wanted to introduce.” Burnham allegedly liked the image. On October 27, 2022, Kirby allegedly sent a naked video of the victim to Burnham and later set up a meeting for Burnham and the victim to engage in sexual intercourse.
Finally, it is alleged, between November 1, 2022 and December 23, 2022, Burnham and the victim engaged in sexual intercourse on three occasions. After the second time, he allegedly gave her a pair of headphones and after the third time, he allegedly gave her $200. In subsequent communications on Instagram, Burnham allegedly requested and received lewd photos of the victim.
In late December 2022, the victim disclosed what had been happening to her foster mother and police were notified.
The New York City Police Department investigation was led by Detective Liam O’Hara of the NYPD’s Human Trafficking Squad, under the supervision of Sergeant Robert Duplessis, Lieutenant Amy Capogna and Captain Thomas Milano.
The District Attorney thanked Police Chief Jonathan Searle, Lieutenant Nicholas Curelli and police officers from the Oak Bluffs, Massachusetts Police Department and the Cape and Islands District Attorney’s Office for their assistance with the investigation.
The case is being prosecuted by Senior Assistant District Attorney Mary E. Monahan, of the District Attorney’s Human Trafficking Unit, under the supervision of Assistant District Attorney David Weiss, Chief of the Human Trafficking Unit, with the assistance of Paralegal Specialist Aurora Martinez, under the overall supervision of Assistant District Attorney Miss Gregory, Chief of the Special Victims Bureau.
An indictment is an accusatory instrument and not proof of a defendant’s guilt