Smothermon read an impact statement written by Lance
Briggs, Kelsey's biological father, and Kelsey's paternal grandmother,
Kathie Briggs.
"The Kelsey we remembered felt loved and safe while in
our care ... we will never know what really happened in her short life. We
can only take comfort in knowing she no longer feels fear and pain. Up to
now, Michael Porter is the only one that has personally expressed his
remorse to me and is now taking responsibility. He is the only one that
has to live with the guilt of what he did or did not do," Smothermon read
from their statement. "Words can never express the impact Kelsey's life
and death has had on us. I feel privileged God chose our family to know
her, love her and fight for her.
"She truly was a cherished gift that blessed our lives.
She made us strong, she made us proud and she gave us courage. Our lives
have been forever changed and we will not let her be forgotten," the
statement concluded.
Afterward, Judge Vassar asked Porter if he stood by his
plea. He did.
Porter, who appeared with his attorney, Paul Sutton, was
sentenced to 30 years with the Department of Corrections.
As Vassar handed down that sentence, Porter was
physically shaken, with tears in his eyes. Vassar ordered him to surrender
himself to the sheriff.
As he was handcuffed, sobs echoed from his family and
friends.
As everyone filed out of the packed courtroom, several
of them exchanged hugs in the hallway.
According to court documents, the basis for Porter's
guilty plea to enabling child abuse was listed as an incident involving
Kelsey's mother, Raye Dawn Smith, in July, 2005.
"I heard Raye Dawn screaming and Kelsey crying in the
bedroom," the court document said. Porter went into the bedroom and said
he saw Smith hitting Kelsey in the stomach, but the court document shows,
"I failed to report it."
Because Porter didn't report that incident, "He is
standing up to take responsibility," his attorney said.
"He's the only person that has stepped up and taken a
very serious punishment for his limited involvement in the death of
Kelsey," Sutton told the News-Star.
If Porter's case had gone to trial, Sutton said Porter
would have testified about the July 2005, incident. The plea was Porter's
decision, Sutton said, and he said he believes that Porter is telling the
truth.
Friday's hearing was another chapter in Kelsey's story,
which has been in the spotlight for more than a year.
Kelsey died Oct. 11, 2005, of blunt force trauma to the
abdomen. For 10 months prior to her death, she was overseen by the courts
and child welfare officials because of suspected child abuse.
At the time of her death, Kelsey was living in Meeker
with Porter and her mother. Porter and Smith divorced soon after Kelsey
died and the couple also have a son together. That child, born after
charges were filed against Porter and Smith in Kelsey's death, has been in
state protective custody since birth.
Porter was arrested about two weeks after Kelsey's
death. He was charged with first-degree murder on Oct. 20, 2005. The
charge of child sexual abuse was added in July 2006, three months after a
second autopsy was performed on Kelsey's body, which had been exhumed in
April.
Kelsey's mother was formally charged Feb. 23, 2006, with
enabling child abuse and child neglect. Her case is still progressing
through the court system and is set for jury trial in June.
Smith, 27, and members of her family attended Friday's
hearing. Her attorney, Steve Huddleston, said the Smith family was upset
because they hadn't heard about the state's plea negotiations with Porter
until it was reported in the media. But Huddleston said he knew a gag
order kept Smothermon from visiting with him about it.
Smith and her family are satisfied with Porter's
sentence based on the 85 percent time ratio, he said. When asked what the
plea might mean for Smith's case, he said, "I don't know we've always
cooperated."
He did say "there's nothing on the table," involving any
kind of plea agreement for Smith's case.
Huddleston, addressing Porter's plea, said he
understands plea bargains and why they are reached, but, he asked, "Why
would he do that if he wasn't responsible for the death of this girl?"
And while he's heard statements made about Smith
regarding Kelsey, Huddleston said, "Anything he (Porter) says is a way to
divert attention from him."
Smith didn't visit with media Friday, but her
sister-in-law from Seminole did.
"Thirty years isn't enough for a 2 1/2-year-old's life,"
Miste Smith said. "We've gone through hell and back. We want the truth to
set Raye Dawn free. She was a great mom."
Gayla Smith, Kelsey's maternal grandmother, said she
does feel sorry for Porter's family, but said Kelsey died while in
Porter's care. She feels justice was served.
"I think the DA knows he was responsible," she said. "At
least for 25 years, I don't have to worry about him hurting another
grandchild."
District Attorney Richard Smothermon said the plea
agreement with Porter was reached after consulting with Kelsey's father,
Lance Briggs, and other paternal family members.
He said anyone criticizing the plea shouldn't judge the
Briggs family for supporting the agreement "until they've walked a mile in
the family's shoes."
Smothermon said Porter won't be eligible for parole for
25 1/2 years.
"That's a significant sentence," Smothermon said, "no
matter what the charge."
If it wasn't for the Briggs family's desire to accept
the agreement, Smothermon said he would have taken this case to trial.
Kathie Briggs, Kelsey's paternal grandmother, said,
"This is the best thing for our family. We are satisfied."
She said one of the reasons they embraced the plea
agreement was their feeling that it would be too difficult to sit through
a trial. She also commented on seeing Porter being so upset while in the
courtroom.
"It's hard to see," Kathie Briggs said, adding that she
met personally with Porter a short time ago, where "he did express
remorse."
Smothermon said while the charge of enabling child abuse
can carry a life sentence, he and the family are satisfied the system
brought justice.
"The number of years is what is important to me as a
prosecutor," Smothermon said. "What you call it isn't as important as the
time he will serve. I see the days and years that, to me, is justice."
And while Oklahomans have come to know Kelsey and her
family through this case, Smothermon said they shouldn't feel sorry for
the Briggs family because of the plea.
"It's an agreement they're comfortable with. They're
happy to have peace," Smothermon said. "For those who don't agree, I'm the
person to talk to. There's nothing a judge or a jury can do to bring
Kelsey back to their arms."
Lance Briggs said he was satisfied with Porter's
sentence, regardless of the charge.
"He's going away for 25 years in prison," Lance Briggs
said, but added he feels justice hasn't been served until Kelsey's mother
faces her charges in this case.
Kelsey's death resulted in passage of the Kelsey Smith
Briggs Child Protection Act, a child welfare reform law.