Defense Notes

The following notes were taken by an Oklahoma reporter who has become close to the paternal family. There is a lot of missing testimony. These are just notes from a reporter.

You'll notice as you go through the defense testimony that not one expert witness was called on behalf of the defense. The only testimony is from friends, family, and those with direct connection to the case. Raye Dawn's family was unable to pay the additional $10,000 per expert witness like the state did. It's a sad day when our judicial system can imprison an innocent person because of her lack of funds.

Also notice the reporter didn't split up this testimony and make clear who said what. The defense part of her notes are far less detailed than the prosecution. Unbiased reporting? Think not!

Raye Dawn’s attorney Steve Huddleston made his opening arguments:

I’m here to tell you a totally different side of this case.
These two families have a history of animosity.

Raye Dawn married Lance Briggs in 2001. When they divorced, a long custody battle over Kelsey Smith Briggs followed.

Raye Dawn had custody of Kelsey as a single mother until April of 2004 with almost sole custody of Kelsey. That October Raye Dawn met Michael Porter.

On January 10, 2005 Kelsey crawled out of her crib. Raye Dawn took her to the emergency room. There were no referrals of abuse, no allegations of abuse. January 14, 2005 the Briggs made the first accusations against Raye Dawn. Kathie Briggs, Lance’s mother filed for guardianship of Kelsey on January 24, 2005. Raye Dawn did not see her child for a week. Meeker police investigated the collarbone, but did not file any charges. Until now, no charges have been filed against my client, ever.

The Briggs were not happy with the outcome and kept filing complaints. Raye Dawn did not get unsupervised visits until March 11, 2005 when the judge ruled to allow it.

Kelsey Smith Briggs would go back and forth between families. Raye was supposed to go to classes to get Kelsey back permanently. She did everything she was asked to do.

March 23, 2005 Kelsey got a bump on her nose when she fell in the kitchen at Raye Dawn’s house. Kathie Briggs reported it to DHS. We’ll show you pictures of this bruise and you’ll see it’s a bruise any two or three year old could get.

Another complaint filed April 4, 2005 by someone in the Briggs family, again, no charges.

April 13, 2005 Lance and Ashley had complete custody of Kelsey.

April 14, 2005 Kelsey went to the zoo with one of her mom’s relatives. DHS was called and Kelsey went to the emergency room, but the doctor told Raye Dawn to let Kelsey walk.

April 15-17th, Kelsey was with the Smith family and Raye Dawn.

April 18th Raye Dawn and Michael Porter got married.

At 4pm that day Kelsey went to the Briggs house, where she started crying uncontrollably, so Kathie called Raye to have her come over.

From the 18th through the 20th Kelsey was with the Briggs.

When Raye Dawn got her back Kelsey was crawling. She took her to Dr. Koons who referred Kelsey to Dr. Barrett, who diagnosed her with 2 non descript fractures, which means the bone is intact, it’s a hairline crack, called a spiral fracture because of the way it looks.

Between April 14th and April 25th Raye Dawn took Kelsey to the doctor twice. When she went home with Kathie, she said Kelsey was crying and would not walk.

April 28th, Kathie filed a complaint with DHS. No charges were filed.

On May 2, 2005 Kathie took Kelsey to OU and Dr. Sullivan saw her. Dr. Barrett said the left leg could be injured by over compensation.

Judge Key took Kelsey away from both Raye Dawn and Kathie and placed her with Gayla Smith, Raye Dawn’s mom from May 3rd through June 15th.

Everyone went to court in June and Judge Key returned Kelsey to Raye Dawn because she had completed everything and always took her to the doctor.

Judge Key ordered DHS, CASA and CHBS to watch Kelsey along with the District Attorney’s office. There were even doctors watching this case.

Once a month Raye Dawn was in court, and had how many home visits.

In August my client, Michael Porter and Kelsey were hit by a drunk driver. Since Ashley had scheduled visitation early the next morning, Raye Dawn decided to leave the emergency room at 2am after Kelsey saw a nurse, not a doctor.

Between June 15 and October 11th, social workers were in Raye Dawn’s house almost every third day, they did checks, and all of this is in writing. The Smith family was around Kelsey.

October 4th, Jean Bonner was in the home.
October 6th, Jean Bonner was in the home.
October 7th, DHS was in the home.
October 11th, Jean Bonner was in the home.

Kelsey and Raye Dawn took a nap. When Michael Porter got home Raye Dawn left to pick up Whitney, Michael Porter’s daughter from school, when she got back and ambulance was at her house.

Raye Dawn was not at the house. She was not at the house.

Evidence will show Michael Porter fainted at the hospital.

2 days later, we have evidence to show he faked a suicide attempt.

The autopsy shows flesh tears to Kelsey’s rectum.

Make no mistake Michael Porter is responsible for Kelsey’s death. My client has never been charged with murder. We’re not here for a murder trial. Raye Dawn has always cooperated. Michael Porter has always been the only one charged.

In fact the D.A. asked her to testify against Michael Porter and she agreed.

The D.A. asked her to testify against Michael Porter and she agreed.

Evidence will show my client is a young girl, who escaped a bad marriage, was a single mom, who thought Michael Porter would be a good husband. Now she realizes she made a horrible mistake and he is not what he appeared to be.

Kelsey was in the middle of allegations from both families and she suffered for it. There were two families making so many allegations that Porter stood in the shadows.

Kathie Briggs did everything she could to get Raye Dawn charged.

The Smith family is in my opinion, a good family. If they suspected abuse, they would be the first to report it.

For 10 months, DHS, the police, CHBS, CASA, doctors, the D.A.’s office, everyone was watching this case.

The state says we should have known. My client should have known, even though everyone else did not.

Look what was going on at the time. Look what she was doing. Her life was an open book for 10 months. Everyone was watching her.

At the end we will ask for a verdict of not guilty. If she is guilty beyond a reasonable doubt, then convict her.

Kelsey was not abused by my client. She loved her daughter and her daughter was her life.

Thank you.

Matt Byers Testimony

Matt is a former Meeker Police Officer, he now works for a hospital in Oklahoma City. He was a Meeker officer for more than 8 years.

In January 2005 what was your rank? Assistant Chief
How many officers does the department have? 5 full time and three part time.
How much training do you have in child abuse and neglect investigations? Leabo showed some interest in investigating and went to more academies than I have been to. I was not as prepared for child abuse and neglect as he was.

Okay let’s go to January 14th 2005 you were on duty correct? And you got a call? Yes, a child named Kelsey Briggs, they were reporting possible child abuse at the hospital. I was told to contact the nurse at the hospital when I was on my way. The nurse’s name was Pam Arrasmith.
What did she tell you? A small child came in. She asked if I knew the name Kelsey Smith Briggs/? I was familiar with the families. So you know you knew the families? Yes, both live in Meeker it’s a very small community. What happens at the hospital? Kathie, Royce, Lance and Ashley meet me in the ER. Kathie told me she took custody of Kelsey, Lance and Ashley picked her up and noticed numerous bruises. I did not speak with a doctor prior to talking with Kathie.
So what did you think when you first saw Kelsey? There were so many bruises and my first impression was that someone is beating the child. So we took pictures.

But let’s let the jury know that impression changed? Yes.
It looked like multiple bruises on her back, bruise on the outer left thigh, small goose egg on her forehead, and a bruise on her ear.
In the ER Kathie Briggs told me she had a broken collarbone when I asked about a history to determine if there was any previous injuries. Once I interviewed everyone there, I could write my initial report which is just the pure facts of the case. I talked to Kathie, Lance and Ashley about where the bruises were, what the timeline was that night, and they had concerns Kelsey was being abused.
So it was your first impression Kelsey was being abused? Yes.
Did you meet with the nurse? Yes, I met with Arrasmith privately to get her opinion. She told me she was most concerned about the red prickly marks, not the other bruises because they did not have finger marks in them that would generally be consistent with bruises caused by abuse.
And that made you start thinking she was not abuse? It just made me not jump up and start accusing people of abusing children. I just thought we needed to look at all of the facts.
So did you suspect Kelsey was in any danger of further abuse when you allowed her to go home with the Briggs family? No, I would not have allowed her to go home with them if I had any suspicions someone in the hospital had abused the child.

Did you do any more work the morning of the 15th? That night I prepared my report and put in the chief’s box and said we need to follow up.
You try to be accurate in police reports? Yes. That’s your job right?:
So on page 15 Pam Arrasmith says the bruises and marks on her buttocks are not consistent with the traditional swatting of the hand. You did not include that you may have changed your mind about possible abuse? No, you didn’t include that Ms. Arrasmith said she was more concerned about the red marks than the bruises? No.
Why do you have 19 pages and I have 18? I don’t know. Do I have your entire narrative? 3 pages. Yes.
What next? I contacted Leabo because he had a background in this sort of thing the next day? Yes, I told him I was highly concerned for child abuse and knew we needed to interview Raye Dawn and any other person of interests. He agreed and determined to start. The Briggs told him Raye Dawn had care and custody before they found the bruises so Leabo said we needed to talk to Lance, Gayla and Michael Porter. Were all of those interviews conducted? Lance, Kathie Briggs, not Gayla, not Michael Porter.
Who decided not to talk to Michael Porter and Gayla? We both agreed.
Why? Because Kathie Briggs told me that Mike was a nice guy and probably did not need to be investigated. He would not do anything like this.
On the 16th Leabo began making phone calls.

On the 17th I came in early to sit in on interviews at the police department.
When you came in to conduct interviews did you have anything that changed your mind since that night that abuse was not the most likely explanation? Not that I recall.
At 10 am Raye Dawn came in for an interview? Yes, she came in voluntarily.
Did you participate in the questioning? Yes.
Prior to her coming into the room did you have any contact with her? No.
What did she say about the bruises? She said she was not aware of the bruises on her bottom, she did not see them. She told me Kelsey had been with Curtis some the week before, but other than that didn’t have much explanation as to why she didn’t notice the bruises. So what did you do then? We tried to corroborate her statement with other people. She seemed very interested in the case, very open, honest, and willing to help, and in my opinion acted very out of character for people charged with a crime. How many hours of training do you have in investigating people and interrogating people? 120. Who told you you can tell by looking at someone if they committed a crime? No one.

DA puts up pictures of Kelsey’s butt.

In the report you say that Smith states she believes the bruises on her face came from the fall. But she was unaware of any bruising on the child’s thigh, and on her back and buttocks. So what next? We asked her what the furnishings in the bedroom look like. She told us there was a slide next to the bed, so I wanted to go the apartment to check on it. When I got to the apartment I waited 30 minutes for her to get there, because I didn’t want her to hurry up and get it clean and in order. What else did you do for your part of the investigation? I went up to the apartment to see the slide. Why do you think the slide caused the bruises on her face? Because they were straight lined and you can tell they were not caused from a hand or a belt.
Can you think of anyone else who would have had better knowledge about how those bruises could get there? I don’t know, a doctor, probably. Did you call a doctor? No. You just figured it was more likely that the bruises came from the fall rather than from someone slapping her? Yes.
She just told you she didn’t know about the bruises on the behind and lower back, you don’t find that unusual? A little. Don’t you think a parent would notice these bruises if she gave her a bath? I think so. Changed her diaper? I think so. If she was running around the house naked? I think so. But she told you she never did? Correct.

So what time frame were you looking at for your investigation? From the collarbone forward. And you said a few minutes ago you wanted to look at everyone? Yes. She told you Curtis had Kelsey for a time the week before, did you interview him? No. Did you know Mildred had cared for her? No. She never told you that? No. Would that have changed your opinion? I don’t know.

The interview you did with Raye Dawn that day is videotaped, did you review it before coming to court? Yes, but the audio is hard to understand. So Gayla was at the police department that day, did you interview her? I just talked to her in the hallway. I talked to Raye Dawn, her mother, but I didn’t record anything, then I talked to Kathie and Lance.

Okay back at the house, she lets you in and you take pictures. This is a picture of the doorway to the bedroom correct? Are these toys? Yes. This is a picture of the slide next to the bed, right? Yes. This is a picture of the toys from a different angle? This is a picture of a hairbrush on the floor. And here’s a close up of the hairbrush.

Now you told us exactly what Raye Dawn told you about these injuries? Yes. She’s not providing any further explanation at the house? No. So why did you provide a close up picture of the hairbrush? In my opinion I thought it was strange it was on the floor not with the toys. You think the hairbrush caused the injuries? In my opinion I think she fell on the hairbrush. Did you ask her if there were other hairbrushes? She didn’t know, she said maybe in the bathroom. I asked her why it was there and she said maybe Kelsey was playing with it.

So what next? I went back and talked with Leabo, I was following his direction in the case. Had Raye Dawn ever told you that Kelsey fell on a hairbrush? No. That she spanked Kelsey with a hairbrush? No. I just thought it was odd that the only hairbrush was set aside, not by the toys so I thought it could have been either she fell on the brush or was hit by the brush. When I saw the house I realized she could have gone down the slide and then fell on the hairbrush. Every question we asked her we were able to corroborate. We’ll never know exactly what happened.
Did Raye Dawn tell you Kelsey fell on a brush? No.
That is something you created? Yes.
Tell me how you created that story? I just did.
Did you contact a doctor and say do you think this could have happened as a result of a fall on a hairbrush? No.

But at this point you ruled out abuse? I thought it was more likely an accident. I spoke to Leabo and gave him my idea about what could happen, and he told me anything was a possibility. The possibility of child abuse was very slight in my mind now.
So the decision is made not to interview Porter? Yes. And Curtis? Yes. Any more investigation? No. What next? I left it to Leabo. That seems like a cop out, but he led this investigation. Was the investigation ever reopened? No.

Did you ever hear about Kelsey again? We heard Kelsey was hurt again through the rumor mill. I had heard that Raye Dawn had been with Kelsey on the courthouse steps where she fell and twisted her ankle. Who told you that? I can’t remember. How many conversations have you had with Mr. Huddleston? 2 Both after me? No, one before and one after. Did you talk to Mr. Huddleston about the fact that I told him you heard this story? He knew that I had told you about it. You though t it would be important to tell me about that fall, but you have no idea who told you about it? I don’t remember. I took a lot of notes when we talked, do you remember telling me that Raye Dawn said she was with me when she fell on the steps and twisted her ankle? I don’t remember Raye Dawn telling me that, I believe I was just speaking in first person.

Did you ever have a conversation with Greg Wilson, Raye Dawn’s attorney in the custody case? Yes. Who if anyone did you suggest this was a case of Munchausen’s by proxy? I said that to Greg. Not about Raye Dawn? We thought Kathie Briggs kept point out new bruises that Raye Dawn did not seem to ever know about.

Did you ever come up with a hypothesis that Raye Dawn could be responsible? Eeryone has an opinion about what happened to her? So based on the rumor mill you were comfortable telling a lawyer that this was a case of Munchausen’s? Why didn’t you investigate it yourself? No jurisdiction because she lives outside city limits. We told many people to look into it we reported it to numerous attorneys, law enforcement agencies, and they looked at me like I was crazy.

Is it true you said to me that, “This was the case of the village idiots against the Smiths who were good people?” Yes.

Cross Examination-Huddleston
Do you feel like you are on trial today? Yes. Are you a good police officer? Yes, I believe so.

Did I suggest you testify in a certain way? No, my meeting with you was the same as it was with Pattye High.

Was there bad blood between these two families? Not bad blood but not a whole lot of liking.

Did the animosity ratchet up? Yes, our police department would get anonymous calls and letters accusing Raye Dawn of everything from not having a valid drivers license, to having an illegal tag. WE got constant over and over reports of where Raye Dawn and Michael Porter were and what they were doing. We followed up on what we could.

You say that the nurse was not concerned about the bruises being child abuse? I said not as concerned.
Did you interview Dr. Griffin? I did not.
He testified they could have been scratches? I don’t remember him saying that.
Picture
Is this the crib? Yes, this is the one she fell out of? How high is that crib? 4-4.5 feet.
Was Kelsey an active child? Each time I had seen Kelsey she was always running, jumping, laughing.

At the interviews were Kathie, Lance Royce and Ashley all present? Yes. What was your impression of Kathie? At first I thought she was just a highly concerned grandmother. I hadn’t seen Raye Dawn in ore than a year and I wanted to know what she was like now. So who did Kathie tell you you needed to investigate? She just told me Raye Dawn, Raye Dawn, because she’s the mother. Ad who did Lance tell you to look at? He just kept saying Michael Porter this and that, I just figured he seemed like a jealous ex-relationship situation.

Were they vague about the timeline of where they were that night? I don’t believe we really talked about the timeline.
Kathie told me they picked her up at 6pm. I was dispatched about 12:15 am.

You were present hen you interviewed Raye Dawn? Yes. How long did you talk to her? About an hour. Lots and lots of questions? In my opinion there was. Did she hesitate? No. Did she seem cooperative? Yes. What was your overall impression? She seemed genuinely concerned about the well being of her child. She just wanted to get in there and get this behind her? Yes. She wanted to see pictures of the bruises and she kept saying I can’t believe I didn’t know this was there.

Was this your first interview? No, I’ve done more than 100.
Has Leabo conducted a lot of interviews? Yes. Both of you came to the same opinion that this was not abuse? Yes. Does he have his own opinions on things? Very much. He would have fought me tooth and nail if he didn’t agree, he’s done it before. So what did you do with your report? I took to Clayton Nemeyer the ADA in Smothermon’s office. You presented your findings? I brought him a copy of the report, but did not bring any of the pictures. Who does Nemeyer work for? Smothermon. How long did you talk to him? 15 or 20 minutes. How many times have you presented charges to the DA? 100’s. And have there been time when the DA askes you to interview more people? Several times. Did he ask you to go back and interview Michael Porter? No. Anyone else in the Briggs family? No.
I told him in my professional opinion this was not child abuse and he told me if you believe there’s not charges here, then there’s no charges. So Clayton Nemeyer knew about the case? Yes. Did you tell him your impression about the family and the history of the custody battle? Yes, he knew about the whole case. And did the DA’s office ever contact you about any other abuse with Kelsey? I have not been talked to until a couple of weeks ago. They had the report all of this time and no one talked to you? Yes. If they had went and talked to you would you have relayed your feelings about the case? Yes. Were you surprised DHS move forward with the abuse case? Yes. Because we stated very bluntly there was no child abuse. Why did they move forward? Because they felt we were wrong based on the pictures and the report. We have looked at a number of other bruises on Kelsey did anyone contact you to do an investigation? No. DHS? No. The Briggs? No. The DA’s office? No.

In May of 2005 you investigated Kathie for harassing and stalking? Yes I was coming back from Lincoln County and had a call that a vehicle was driving fast crossing over the center median, and passing in no passing zones. It was an anonymous call to the Meeker police department. So I drove around and happened to find the car that met the description of the caller at Raye Dawn’s grandmother’s house. When I went and knocked on the door Raye Dawn answered and she was on the phone with Yolanda Hunter. I asked if she had come back from Chandler and asked if she was driving erratically. She said no but said she thought Kathie Briggs was following her back from Chandler. While I was speaking on the phone with Yolanda I saw Kathie pass by the driveway twice and said this is ridiculous can you file a report for stalking and harassing. I went to the DA and he told me it would not be appropriate to file charges due to the ongoing civil matter between the families.

April 2005 Kelsey had two fractures, did you investigate? No.
Did the DA? No. Did DHS call you? No. I heard about it and Leabo and I talked about someone needing to investigate this. Did you ever ask anyone to? No.

Did you do a good job on this case? Yes. We did the best we could have done with the knowledge that we had.

Redirect

Knowing what you know now would you change anything? No.
I’m still convinced there was no abuse on January 14th. All of this information about her further injuries you say you got from the rumor mill? You read what you rad in the media and form an opinion.
Back at that time you and DHS did not have the best working relationship? They hide behind a veil of secrecy. Are you aware Mr. Beyers that’s the law? I’m sure it is. We just wanted to know the status of the investigations.

So you mentioned you were surprised DHS completed an independent investigation of the collarbone? Did it ever occur to you that they went one step further and talked to the doctor? I don’t know who they talked to.

The DA’s office filed a deprived petition in this case? Yes.
Did you come to court? Once maybe.

Were you at the courthouse on June 16th? Did you talk to Judge Key in his chambers? Yes. He asked my opinion and I explained that all the requirements had been met and it was my opinion that if everything had been met he had to return Kelsey to Raye Dawn by law. What law were you referring to? I don’t know he’s the judge. Do you know the law today? No. Yesterday? No. Mr. Beyers have you ever been aware of this so called law you were referring to? What was that based on? Your investigation was over? I don’t know. You didn’t know but you told him the law required him to send Kelsey home. Do you regret that? No.

You mentioned you filed stalking charges on Kathie? Yes. Because you saw a car go by twice and everything else was based on Raye Dawn and Yolanda’s statements? There had to be more but I don’t have my affidavit here. You swore under oath Kathie was stalking Raye Dawn and you don’t know anything other than what Raye Dawn told you? I’m sure there was more.

In January of 2005 you had a child’s mother who was saying she didn’t know where the bruises came from and that was not enough for you? That was not enough for me based on the interviews and going to the house. At the end of your report officer Beyers you actually recommend that the visitation schedule should be changed? Let me guess, that came from Raye Dawn? Raye Dawn and Kathie. It just seemed like she was always being passed around.

Kelsey was present at your interviews with Raye Dawn at the department? Yes. Would it surprise you to believe Raye Dawn left Kelsey with Kathie that day? She was in the video during the interview with Lance. Oh, I’m sorry, I thought you meant she was in the room with her mother.

You said Kathie kept telling you to talk to Raye Dawn? Pushing you? Yes. Who was Kathie supposed to tell you? Michael Porter. You already told the court Lance kept saying Michael Porter’s name over and over and you still didn’t interview him? No.

At the end of this story, Kelsey Briggs dies at either the hands of Michael Porter or Raye Dawn. And is it true, you’re not even certain it’s a homicide? I’m not sure.

Sarah Winters Testimony

Huddleston: Did you know Raye Dawn before August of 2004?

Winters: We started working together at Lewis Manufacturing.

Huddleston: Did you get to know her better then?

Winters: Yes.

Huddleston: Where were you living?

Winters: The Meeker apartments.

Huddleston: Same as Raye Dawn’s

Winters: Yes.

Huddleston: Are they big?

Winters: No.

Huddleston: Do you have kids?

Winters: One, Megan, she’s 4.

Huddleston: Same age as Kelsey would be?

Winters: Yes.

Huddleston: Were you around Kelsey?

Winters: Yes. She was a very playful little girl.

Huddleston: Tell us about her?

Winters: Very playful, she got into everything.

Huddleston: Was it just her and Kelsey?

Winters: Yes.

Huddleston: How often did you visit?

Winters: Very often.

Huddleston: Did she bring Kelsey to work?

Winters: Yes.

Huddleston: Have you ever seen Raye Dawn discipline Kelsey?

Winters: Yes.

Huddleston: Did she spank her?

Winters: Yes.

Huddleston: Why? She bit my daughter on the cheek.

Huddleston: Was Raye Dawn around your daughter?

Winters: Yes.

Huddleston: Were you ever concerned about Raye Dawn being around our child?

Winters: No.

Huddleston: Were you aware Kathie Briggs filed for guardianship of Kelsey?

Winters: Yes.

Huddleston: Were you friends with Raye Dawn?

Winters: Yes.

Huddleston: Would your friendship affect your testimony?

Winters: No

Huddleston: You know Lance and Kathie?

Winters: Yes.

Huddleston: Was there animosity?

Winters: Yes, a lot.

Huddleston: How many people work at Lewis Manufacturing?

Winters: 50-60 women.

Huddleston: Did you get breaks?

Winters: Yes.

Huddleston: The girls would get together and talk in groups?

Winters: Just around our work stations.

Huddleston: If something was said would it get around the workplace?

Winters: Like wild fire.

Huddleston: Do you know Donna Gilbreath and Mildred Johnson?

Winters: Yes.

Huddleston: Did she tell you what she told them about hitting Kelsey with a hairbrush?

Winters: No.

Huddleston: Did they say anything to anyone about the hairbrush?

Winters: No.

Huddleston: If they had, under the circumstances would it have gotten around?

Winters: Like wild fire.

Huddleston: Was she complying with DHS?

Winters: She jumped through hoops to get Kelsey back.

Huddleston: April 14th, what happened?

Winters: I was at work and my cousin had a baseball game that night.

Huddleston: Were you present when Raye Dawn and Miste brought Kelsey to Kathie?

Winters: Raye Dawn gave Kelsey to Kathie and told Kathie she needed to walk. Kelsey wanted to swing but she wouldn’t go with me. So Kathie and I both took her.

Huddleston: After you found out Kelsey had two leg fractures, what did you think?

Winters: I didn’t know what to think, she was between Raye Dawn and the Briggs. I didn’t know if it was abuse, but if it was, I thought it was coming from the Briggs.

Huddleston: Was there lots of finger pointing?

Winters: Yes.

Huddleston: Where was Michael Porter this whole time?

Winters: On the sidelines, no one thought Mike was involved.

Huddleston: After April 25th, did you leave you daughter alone with Michael Porter?

Winters: Yes. He didn’t give me any reason not to.

Huddleston: October 12, 2005 Did you go to Lewis with Raye Dawn?

Winters: Yes. Lewis was like her second home she wanted to talk to the women.

Huddleston: Was she upset?

Winters: Very upset.

Huddleston: Were you happy that day?

Winters: No.

Huddleston: Were you there on the 13th when Porter started acting strangely?

Winters: Yes. Me and his sisters put him in the vehicle but he fell and when we got to Prague he said he did not want to go to that hospital, because that’s where Kelsey died. I told him he had to, so I talked him into going to Shawnee. I went to pick up Rachelle, and when I got to the Shawnee hospital, there was no one checked in under that name.

Cross Examination

Prosecution: Are you telling this jury that Donna and Mildred came in and told them something that wasn’t true?

Winters: I did not hear them say it.

Prosecution: So are you telling me those women lied to the jury?

Winters: I don’t know what they told the jury.

Prosecution: Raye Dawn told Kathie, that Kelsey needed to walk on her legs?

Winters: That’s what I heard.

Prosecution: Why did she say that?

Winters: That’s what the doctor told her.

Prosecution: Did you come to court?

Winters: Some. I didn’t go to all of them, but I went to quite a few.

Prosecution: The leg fractures, you said you just don’t know what happened to them?

Winters: Right.

Prosecution: Because there’s just no way Raye Dawn would have done that so it had to be the Briggs?

Winters: Now that we know what Michael Porter did, it could have come from either one.

Prosecution: October 12th, What time did you get together with Raye Dawn?

Winters: In the morning.

Prosecution: Did you meet at the Meeker house?

Winters: Yes.

Prosecution: “Why?

Winters: If Raye needed anything I wanted to be there for her.

Prosecution: When you left the house where did you go?

Winters: Chandler, the courthouse in Meeker, dropped Mike off at work and went to Lewis.

Prosecution: Was Mike with you?

Winters: Yes.

Prosecution: Just the three of you?

Winters: Yes.

Prosecution: What did you do?

Winters: We went to the courthouse and Raye Dawn got a VPO against Kathie and Lance.

Prosecution: 1st thing in the morning?

Winters: Yes.

Prosecution: What did you do at Meeker city hall?

Winters: Gave the police the paper work to serve them.

Prosecution: Did you go see any friends?

Winters: We went to drop Mike off and then to Lewis.

Prosecution: So the petition for the VPO’s were filed at 11:02?

Winters: If that’s what it says.

Prosecution: So that’s the first order of business for the day? Why, did you think by golly the Briggs were responsible for her death even though they hadn’t seen her in months?

Winters: No one said the Briggs were responsible for her death. She was afraid of the Briggs.

Prosecution: She didn’t want them to come to the funeral?

Winters: She never needed to say that.

Prosecution: It was assumed?

Winters: Yes.

Prosecution: In the end, little Kelsey has two separate funerals?

Winters: Yes.

Redirect

Huddleston: Is Raye Dawn better friends with you than with Mildred and Donna?

Winters: She had lots of friends at Lewis.

Huddleston: Who was Raye Dawn’s best friend?

Winters: Casey at the time.

Huddleston: Was he ever told about the hairbrush?

Winters: I don’t believe so.

Huddleston: You also went to city hall to get a burial plot, correct?

Winters: Yes.

Huddleston: Were you aware of agencies who had told Raye Dawn to get a restraining order?

Winters: I think someone suggested it.

Huddleston: And when you went to the courthouse in Chandler, didn’t you think at that point she died from a seizure?

Winters: Yes.

Brandon Watkins Testimony

Huddleston: Mr. Watkins how do you know my client? Watkins: I was Kelsey’s attorney. I was appointed to be the guardian ad litem and represent the interests of the child. The Briggs family had hired Mr. Hodgens and Raye Dawn was represented by Greg Wilson, so I represented the interests of the child.

Huddleston: On June 15thh are you aware of the court date? Watkins: Yes.

Huddleston: It was a full deprived hearing? Watkins: Yes, it took a little more than a day.

Huddleston: Lots of witnesses who were cross examined by lawyers and ultimately Judge Key ruled an unknown perpetrator? Watkins: Yes.

Huddleston: Did Judge Key appoint services in the home? Watkins: Yes. CASA, CHBS, and DHS.

Huddleston: Did Raye Dawn cooperate? Watkins: Fully.

Huddleston: Are you aware of the animosity between the families? Watkins: Yes, I did receive some animosity between the Smiths and the Briggs.

NOTE: Kathie Briggs testified that there was no animosity that she was aware of, yet this witness who was only vaguely familiar with the 2 families was aware of it! Is it possible that Kathie LIED during her testimony?

Huddleston: What were the duties of all of those services?

Watkins: To monitor Kelsey’s progress and ensure Kelsey’s safety.

Huddleston: What was the level of supervision in this case?

Watkins: A lot.

Huddleston: How would you compare the level of supervision in this case to others?

Watkins: As much or more than others.

Huddleston: Ever had one with more?

Watkins: No.

Huddleston: Were court appearances required?

Watkins: Yes.

Huddleston: Everyone goes to court?

Watkins: yes.

Huddleston: July, August, September was there any reports that concerned you? Watkins: No. They said she was doing great.

NOTE: NO CONCERNING REPORTS! From the time Kelsey was returned to her mother all the way through September. Yet Raye-Dawn “should have known”. What is it exactly that she should have known?

Huddleston: Do you make recommendations?

Watkins: In September based on the information I recommended at first the case be dismissed. She continued to thrive in my opinion.

Huddleston: Had you seen her?

Watkins: Yes.

Huddleston: You testified in that hearing that she seems to be extremely happy…mom has done everything she could, Kelsey was living well, and flourishing. The mother deserves to have the custody back with her, not DHS. And the DA’s office agreed?

Watkins: Yes. Both of us withdraw that recommendation because according to Ryan Luke the six months had not expired and Lance Briggs, the father was coming home and I wanted to meet him.

NOTE: THE DA’s office agreed! That means SMOTHERMON! He agreed at the September hearing there was NOTHING OF CONCERN!

Huddleston: So your decision to withdraw the recommendation had nothing to do with my client?

Watkins: No.

Huddleston: Was the DA’s office always involved?

Watkins: Yes.

Cross Examination – Prosecution

Smothermon: You mentioned Ryan Luke, what does that mean?

Watkins: After a child is returned there is a time period to ensure everything is smooth, not an abrupt cut off of services.

Smothermon: Did Kelsey live through that period?

Watkins: No.

Smothermon: Have you seen the pictures of Kelsey with the bruises?

Watkins: A couple.

Smothermon: Take a few minutes to look through this stack of pictures. Have you seen those before?

Watkins: No, this stack was certainly not made available to me. Based on the information before me, I made a recommendation.

NOTE: ALL of the photos were of the same injuries just taken over and over again. Look at Kelsey’s clothes; she is even wearing the same thing! The prosecution even included photos from the auto accident. To make the injuries look worse than usual bumps bruises, and scrapes.

Smothermon: This case has cost you a great deal of angst?

Watkins: Yes.

Smothermon: You came to my office and you said based upon information you had, at the time you made the right decision?

Watkins: Yes.

Smothermon: In January did you have the luxury of knowing two witnesses who say Raye Dawn beat her with a hairbrush?

Watkins: No.

NOTE: Donna Gilbreath one of the witnesses who made this accusation, she and her daughter (Ashley) were the OWNER’S of the BASH BOARD mentioned in the emails, per Shirica. Shirica said that she needed to remain nice to Ashley (Donna’s daughter) because she “knew too much information” – hummm… also convienant testimony, which NO ONE mentioned before when being interviewed by OSBI – it just happened to pop into their heads right before trial…amazing!

Smothermon: In September did you know Gayla Smith says Raye Dawn told her Michael Porter had Kelsey on the bed or on her stomach and eyes taped shut, did you know that?

Watkins: No.

Smothermon: How about when Raye Dawn was concerned that Porter told her Kelsey had fallen down the stairs?

NOTE: Smothermon says himself that Raye showed CONCERN!!

Watkins: No.

Smothermon: Would this information have been important in your representing the best interest of the child?

Watkins: Yes.

Redirect – Huddleston

Huddleston - Those pictures, are they one incident or many?

Watkins: Don’t know.

Huddleston: The DA’s office had pictures, did they give them to you?

Watkins: No.

Huddleston: The January incident, you’re aware the police cleared her?

Watkins: Yes.

Huddleston: The DA’s office declined charges?

NOTE: BASED ON THE POLICE REPORT – the DA – RICHARD SMOTHERMON refused to file charges. If the “State” cleared Raye-Dawn of this and refused charges, how was it legal for him to even present ANY TESTIMONY regarding that incident? Wouldn’t that be DOUBLE JEOPARDY? (I guess since she was never actually charged, they could still bring it up- way to leave a loop hole Smothermon!!.)

Watkins: I did not know.

Huddleston: How about the tape incident, they didn’t tell you all of the children were laughing and giggling, would that have made a difference to you?

Watkins: I would have taken that into account.

Huddleston: No one saw Kelsey fall down the stairs, and no one saw any injuries, would that have mattered?

Watkins: I would have considered all of the information in front of me.

NOTE: This attorney for KELSEY would have taken into account the fact that the all of the children were laughing and playing during the CLEAR TAPE incident. Remember there were NO REPORTS OF CONCERN from June through Sept. This is the ENTIRE time that Raye-Dawn had Kelsey back into her full time care.

NO REPORTS – remind me again what she was supposed to “have reasonably known”???

Keep in mind that Raye Dawn's family members were told that they could not say Raye Dawn was a good mom because of some technicality. The jury never heard how Raye Dawn doted on Kelsey and how Kelsey was her world.

Gayla Smith Testimony

Gayla is Raye Dawn’s mom and was Kelsey’s grandmother.

Huddleston: Ms. Smith please give me a little background on your daughter. How many children do you have?

Gayla: My husband had 3 and we had three together, so a total of 6.

Huddleston: How many grandkids do you have?

Gayla: 9 with Kelsey,

Huddleston: do they run and jump and play?

Gayla: Yes. One of my granddaughters broken her collarbone 2 times.

Huddleston: When Lance and Raye Dawn were married, how would you describe the marriage? Good?

Gayla: No.

Huddleston: Hard feelings when they divorced?

Gayla: Yes.

Huddleston: Hard feelings with the other family?

Gayla: Yes.

Huddleston: From both side?

Gayla: Yes.

Huddleston: Kelsey was born December of 2002, where was Raye Dawn living?

Gayla: In my house with my husband, me, Kelsey, and Rachelle.

Huddleston: And why was Raye Dawn staying at home?

Gayla: My husband had a stroke and cancer and so did my father, and she was helping me take care of them.

Huddleston: After Kelsey started walking, was she active?

Gayla: Very active, she wanted us to chase her. Kelsey was always doing something.

Huddleston: When did Raye move out?

Gayla: August of 2004.

Huddleston: Why?

Gayla: Because she just felt it was time for her and Kelsey to have their own space because her dad and grandfather had died.

Huddleston: Just her and Kelsey?

Gayla: Yes.

Huddleston: Where did they live?

Gayla: 5 miles away.

Huddleston: How often did they come over?

Gayla: All of the time. Sometimes I would stop over there.

Huddleston: How often did Rachelle and Curtis visit Raye Dawn?

Gayla: All of the time . She was close to her cousins too.

Huddleston: So she was constantly around people in the Smith family?

Gayla: Yes.

Huddleston: The Briggs have a big family too?

Gayla: I guess.

Huddleston: You know them, it’s big?

Gayla: Yes.

Huddleston: Did Raye have a nice apartment?

Gayla: Yes.

Huddleston: Was it clean and well kept?

Gayla: Yes.

Huddleston: Being around your daughter and Kelsey, how did Raye Dawn discipline her?

Gayla: She would spat her on the hand. As she got older Raye would count to three and if she made it to three Kelsey would be in trouble, so Raye Dawn would say one and Kelsey would finish and say “2,3” and Raye would get tickled and couldn’t stay mad.

Huddleston: Did you see anything out of the ordinary about the way she disciplined Kelsey?

Gayla: No.

Huddleston: There were no referrals prior to January 14th?

Gayla: Not to my knowledge. Nothing like this.

Huddleston: Do you know Eugene Snyder, he testified on Friday?

Gayla: Yes, my husband worked with him in his small shop.

Huddleston: Did something happen with him?

Gayla: My husband told him to leave because there was money missing.

Huddleston: So he testified that Raye Dawn was driving a red car, was she driving that?

Gayla: NO. In 2004 she was driving a Ford Explorer.

Huddleston: Snyder says he saw Raye Dawn throw Kelsey over the seat? We had you measure it; it is true it would be difficult to throw a child over that seat?

Gayla: Yes.

Huddleston: When did your daughter meet Mr. Porter?

Gayla: October of 2004.

Huddleston: Was she dating a lot before then?

Gayla: No.

Huddleston: Just her and Kelsey?

Gayla: Yes.

Huddleston: So then she meets Mr. Porter, did you know him?

Gayla: NO.

Huddleston: What was your first impression?

Gayla: Nice guy, he had a business, he cared for his parents, he would be a good provider for Raye Dawn.

Huddleston: How much was Raye making at Lewis Manufacturing?

Gayla: $7.75 and hour.

Huddleston: And Mr. Porter had a college degree?

Gayla: He told us he did.

Huddleston: After October 11, 2005, what did you find out?

Gayla: His house had been foreclosed on.

Huddleston: Mr. Porter says Raye Dawn and him were keeping that from you? Do you believe that?

Gayla: NO.

Huddleston: Other financial problems?

Gayla: Hot checks. And I don’t believe he graduated from college. And he had cashed in his IRA in September of 2005.

Huddleston: After July of 2005 he says he had witnessed Raye Dawn beat Kelsey and he kept his kids away, was that true?

Gayla: No.

Huddleston: Was she always with his kids?

Gayla: Always.

Huddleston: From October of 2004-2005, did he have any tendencies that would lead you to believe he would murder your grand child?

Gayla: No.

Huddleston: Was Porter around in January?

Gayla: Yes.

Huddleston: How did you find out about the collarbone?

Gayla: I was on my way to pick up a car in Nebraska when I think my mom called to tell me.

Huddleston: What did you learn about January 14th?

Gayla: Lance and Ashley had taken her to the ER, and Raye Dawn told me that night or Saturday morning.

Huddleston: When was the next time you saw Kelsey?

Gayla: The 17th. I went down to the police department.

Huddleston: What were you doing for a living?

Gayla: I worked at Leedar Inc. And my husband had a small bridge building business.

Huddleston: Did you tell your daughter before you went down there that she needed a lawyer?

Gayla: NO.

Huddleston: Did you see Kelsey on the 17th?

Gayla: I seen some fainted bruises.

Huddleston: The photos we’ve seen were not real light?

Gayla: I did not see them on her.

Huddleston: Do you know what happened to Kelsey on January 14th?

Gayla: No.

Huddleston: You weren’t present, you can’t speak to it?

Gayla: Yes.

Huddleston: January 24, 2005 Kathie Briggs filed for guardianship, how did that make you feel?

Gayla: Very angry, mad.

Huddleston: Were you still able to see Kelsey?

Gayla: No.

Huddleston: Did you get a call between the 17th and the 24th from the Briggs?

Gayla: No.

Huddleston: Were you aware the police department cleared her?

Gayla: Yes.

Huddleston: When you went down there on the 17th, what was they doing?

Gayla: The officers were writing.

Huddleston: Were they doing an investigation?

Gayla: I don’t know what they were doing.

Huddleston: Did they go to Raye Dawn’s apartment?

Gayla: Yes.

Huddleston: Did you have any concerns?

Gayla: NO.

Huddleston: Do you believe your daughter had abused Kelsey?

Gayla: No. did you feel the Briggs was happy with the custody?

Huddleston: No. I felt they were trying to take her away from Raye Dawn. We were constantly going to court.

Huddleston shows picture of calendar February 2005

Huddleston: So the judge ruled Raye Dawn had supervised visits on February 4th from 6 pm Friday through noon Monday. What does supervised mean?

Gayla: I had to be there, or my mom.

Huddleston: Did you get to go to the Briggs house?

Gayla: Once.

Huddleston: Was Kelsey happy?

Gayla: Yes.

Huddleston shows jury a picture taken that day at the Briggs house.

Huddleston: Did you have a good visit with Kelsey?

Gayla: Yes.

Huddleston: Was it hard for Raye Dawn to leave?

Gayla: Yes.

Huddleston: Was it hard on your daughter to only see Kelsey on the weekends with someone else present?

Gayla: Yes.

Huddleston shows picture of calendar March 2005

Huddleston: In March was Raye Dawn contacted by DHS?

Gayla: Yes to take classes every Monday and Tuesday.

Huddleston: Was she working?

Gayla: Trying to.

Huddleston: Did she ever miss a class?

Gayla: No.

Huddleston: Who decided the visitation schedule?

Gayla: Judge Key.

Huddleston: In March what did he decide?

Gayla: Friday at 6 until noon Monday she was with Raye Dawn and again between noon Wednesday and noon Thursday.

Huddleston: So now Raye has unsupervised visits on the weekend?

Gayla: Yes.

Huddleston: Kelsey is going back and forth?

Gayla: A lot.

Huddleston: Is that stressful?

Gayla: Yes.

Huddleston: Emotions ratched it up?

Gayla: Yes.

Huddleston: Do you think Kelsey knew?

Gayla: Yes.

Huddleston: Ms. Briggs took Kelsey to doctor Obright, correct?

Gayla: I guess.

Huddleston: Did she tell you?

Gayla: No.

Huddleston: From January to March Kelsey had been away from her mother for 7 weeks?

Gayla: Yes.

Huddleston: On March 24th DHS called because Kelsey had been taken to the ER for a bruise on her nose. Did you see it?

Gayla: No.

Huddleston: When she was returned to Raye Dawn, she took Kelsey to see Dr. Koons? Why?

Gayla: Because her hair was falling out.

Huddleston: What was Kelsey’s attitude?

Gayla: She was not the same.

Huddleston: Because she was going back and forth?

Gayla: I’m sure.

Huddleston: Do you think that’s why she was losing hair?

Gayla: Yes.

Huddleston shows picture of calendar April 2005

Huddleston: On April 4th another complaint was filed, for a bruise on her thigh? Did you see it?

Gayla: No. She was back with the Briggs.

Huddleston: April 14th and 25th, she had two broken legs, were you around?

Gayla: Yes.

Huddleston: Who had Kelsey on the 14th?

Gayla: My daughter in law. She went home with Curtis and Mike on the 14^th.

Huddleston: Raye Dawn spent the night with her daughter?

Gayla: Yes.

Huddleston: And Miste picked her up around 9 am for the zoo?

Gayla: Yes.

Huddleston: Did your daughter go to the zoo?

Gayla: No.

Huddleston: Do you know from being around what happened to Kelsey?

Gayla: She sprained her ankle. Miste brought her by work and called DHS and took her to the emergency room.

Huddleston: Was Kelsey seen by a doctor?

Gayla: Yes.

Huddleston: Were x-rays taken?

Gayla: Yes.

Huddleston: After the ER?

Gayla: They took her by Kathie at the ball field.

Huddleston: From 9 am on the 14th was Raye Dawn alone with Kelsey on the 14th?

Gayla: No.

Huddleston: How long did Kelsey stay with Kathie?

Gayla: Over night. Miste and Raye Dawn took her to DHS the next morning, when they got back home Melissa and Sierra stayed over that night.

Huddleston: Was Miste in the home?

Gayla: Yes.

Huddleston: On the 16th, what happened?

Gayla: She went to a birthday party and spent the night. Miste brought her home on the 17th. on the 18th, Raye Dawn and Mike got married.

Huddleston: From you being around Kelsey what was her condition?

Gayla: She was limping.

Huddleston: Did you hold her?

Gayla: Yes.

Huddleston: Was her left leg injured?

Gayla: NO.

Huddleston shows jurors a picture of Kelsey at Pott County courthouse.

Huddleston: Was she going up steps? Was she having a good time?

Gayla: Yes.

Picture of Kelsey on courthouse steps

Huddleston: What is she doing here?

Gayla: Standing on the courthouse steps.

Huddleston: Why barefoot?

Gayla: She had turned her ankle.

Huddleston: After the wedding what happened?

Gayla: I went back to work and Raye Dawn, Mike and Kelsey went to meet Janet at the mall.

Huddleston: Was Kelsey returned to Kathie Briggs on the 18th?

Gayla: Yes, at 5.

Huddleston: Is Raye still taking classes? She took them the night of the wedding?

Gayla: Yes.

Huddleston: Did she ever miss?

Gayla: No.

Huddleston: From the 18th through the 21st, Kathie Briggs has her?

Gayla: Yes.

Huddleston: When Raye got her back what was her condition?

Gayla: She was crawling.

Huddleston: Did you take her to the doctor?

Gayla: I told her to walk on it because that’s what Raye Dawn told me.

Huddleston: When you got her back what were you thinking?

Gayla: Kathie told us she took 4 steps and would not walk.

Huddleston: Did you try to get her to walk?

Gayla: Yes.

Huddleston: The x-rays on the 25th, did you and Raye Dawn take her to Dr. Koons?

Gayla: Yes. Raye Dawn called me and told me, mom Kelsey won’t walk, so I told her to take her to the doctor. DHS said they would deal with Kathie and also told her to take her to the doctor.

Huddleston: Did she try to hide Kelsey on either the 14th or the 25th?

Gayla: No.

Huddleston: Hide her from DHS?

Gayla: No.

Huddleston: Dr. Koons came back and said Kelsey had two leg fractures, what did you think?

Gayla: I had no idea. I didn’t know what to think, she had been with everybody.

Huddleston: Did you like Dr. Koons?

Gayla: Yes.

Huddleston: Are you familiar with the referral that was made?

Gayla: No. All I know was that she had two broken legs.

Huddleston: Did you believe the doctor?

Gayla: Yes.

Huddleston: Did she yes?

Gayla: No reason not to.

Huddleston: Was DHS involved?

Gayla: Yes.

Huddleston: Did the doctor call the police?

Gayla: NO.

Huddleston: Did DHS take Kelsey away?

Gayla: No.

Huddleston: Who came up with the visitation schedule?

Gayla: Judge Key.

Huddleston: On April 28th, did anything unusual happen?

Gayla: My grandmother passed away.

Huddleston: Do you remember Kelsey crying uncontrollably wanting her mom while she was at the Briggs house?

Gayla: Yes.

Huddleston: Did the Briggs start calling you?

Gayla: Yes. They wanted Rayed dawn to come to their house.

Huddleston: Have you ever had that happen with a child?

Gayla: No.

Huddleston: Did she go over there?

Gayla: Yes.

Huddleston: Did Kelsey calm down?

Gayla: Yes.

Huddleston: And the Briggs had her the rest of the month?

Gayla: Yes.

Huddleston: On May 2nd, Kathie took her to Dr. Sullivan?

Gayla: Yes.

Huddleston: He says they were abuse? And Kelsey was taken away from everybody?

Gayla: Yes. They put her with me.

Huddleston: Did anyone have unsupervised visits?

Gayla: No. All at DHS.

Huddleston: Did Dr. Sullivan cut the casts off?

Gayla: Yes.

Huddleston: What was her condition?

Gayla: She was crawling and crying.

Huddleston: Did Dr. Barrett put the casts back on?

Gayla: Yes.

Huddleston: Did it make her feel better?

Gayla: Yes.

Huddleston: Raye Dawn was unable to see her?

Gayla: Yes.

Huddleston: In May did she start getting better?

Gayla: Yes. She got to where she could walk in the casts.

Huddleston: Did Kelsey ever get bruises with you?

Gayla: Yes, on her elbows and stuff.

Huddleston: Why didn’t you report that?

Gayla: I didn’t see any reason to.

Huddleston: How did the DHS visits go?

Gayla: They would pick her up from daycare for the visits.

Huddleston: A DHS worker says Kelsey told her mom, Daddy Mike hurt my head, did anyone tell you that?

Gayla: No.

Huddleston: Had Porter been alone with Kelsey?

Gayla: No.

Huddleston pulls out June calendar

Huddleston: So you had full custody of Kelsey until June 15th?

Gayla: Yes.

Huddleston: Your daughter had not been alone with Kelsey for six weeks?

Gayla: Correct.

Huddleston: Judge Key found an unknown perpetrator?

Gayla: Yes.

Huddleston: Did he order supervision?

Gayla: No.

Huddleston: But he did order in home visits with DHS, CASA, CHBS?

Gayla: Oh, yes.

July calendar

Huddleston: In July Kelsey was with her mom?

Gayla: Yes.

Huddleston: And besides, DHS and CHBS was the Smith family around her?

Gayla: Yes.

Huddleston: Lots of family gatherings. Lots of supervision?

Gayla: Yes. DHS and them was always around her.

Huddleston: How did that make Raye Dawn feel?

Gayla: I’m sure she didn’t like it. I didn’t like it. How would you feel?

Huddleston: I would be mad, angry. What did they do on the visits?

Gayla: They would check to see how Kelsey was dressed, what she was eating, how the house looked, where she was going, what she was doing.

Huddleston: Would that upset you?

Gayla: It would any mother.

Huddleston: But she accepted it? She had a better attitude than I would have.

August Calendar

Huddleston: So again there was a whole lot of involvement in August. Was the family involved?

Gayla: Yes.

Huddleston: Did Raye have friends over?

Gayla: Yes.

Huddleston: The August 19th car wreck happened, did you know a lamp fell on her?

Gayla: Yes.

Huddleston: Did a drunk driver hit them in the accident?

Gayla: Yes.

Huddleston: Was it a pretty significant crash?

Gayla: Yes.

Huddleston: What time?

Gayla: About 9:30 pm.

Huddleston: Did Kelsey have a bruise on the 23rd?

Gayla: Yes.

Huddleston: Did DHS take a picture of it?

Gayla: Yes.

Huddleston: Did DHS take her away?

Gayla: No.

Huddleston: Was the police called?

Gayla: No.

September calendar

Huddleston: In September Kelsey had strep throat?

Gayla: Yes.

Huddleston: Was she getting better?

Gayla: Yes.

Huddleston: Starting to be more like the old Kelsey?

Gayla: Yes.

Huddleston: October 11, 2005 what happened?

Gayla: Michael Porter called me around 3:10 or 3:15 in the afternoon, at work, saying Kelsey wouldn’t wake up. I told him to call 911.

Huddleston: What did you do?

Gayla: I left work and telling them something’s wrong with Kelsey.

Huddleston: And when you got there?

Gayla: I grabbed her from Mike and started down the driveway to meet the first responders saying, “Kelsey Kelsey wake up Mommy will be here in a minute.” She squeezed my hand. I handed her to the first responders and then relatives started to show up. That’s when Raye Dawn showed up screaming, mom what’s the matter with her.

Huddleston: What did you think had happened to her?

Gayla: She had a seizure.

Huddleston: Why a seizure?

Gayla: I had never seen her have a seizure, that’s what Mike told me.

Huddleston: What does the house look like?

Gayla: It’s 4.5 miles east of Meeker on the top of a hill.

Huddleston: Set away from the road?

Gayla: Yes.

Huddleston shows jurors pictures of house and kitchen counter.

Huddleston: So it’s a long driveway?

Gayla: Yes. I pulled up to the top of the hill and took Kelsey down to the first responder.

Huddleston: Is this the counter Mike laid her down to put the pull up on her?

Gayla: Yes.

Huddleston: What was going on outside?

Gayla: We were screaming for them to get a helicopter. But they told us they had to take her to the closest place which was Prague hospital.

Huddleston: Is Prague where Kelsey passed away?

Gayla: Yes.

Huddleston: Was Michael Porter at the hospital?

Gayla: Yes.

Huddleston: What was he doing?

Gayla: Just walking around.

Huddleston: Did he pass out?

Gayla: Supposedly.

Huddleston: Two days later Raye Dawn was questioned by OSBI?

Gayla: Yes.

Huddleston: Did you hire her an attorney?

Gayla: No.

Huddleston: Did she fully cooperate?

Gayla: Yes.

Huddleston: Did she make more than one statement?

Gayla: Yes.

Huddleston: Did she request an autopsy?

Gayla: Yes.

Huddleston: Why?

Gayla: She wanted to know what was wrong with Kelsey.

Huddleston: Has she cooperated with the police?

Gayla: Yes.

Huddleston: Has this put a lot of pressure on your family?

Gayla: Yes.

Huddleston: Have you had harassing phone calls?

Gayla: Yes.

Gayla: A constant stream of pressure?

Gayla: Yes.

Huddleston: And Raye Dawn was not charged until 4 months later?

Gayla: Yes.

Cross Examination Pattie High

High: Eugene Snyder, let’s talk about what you told the jury a few minutes ago about that. Is it true your daughter drove a red Pontiac Firebird?

Gayla: Yes.

High: When?

Gayla: In high school.

High: So she did drive a red car?

Gayla: Yes.

High: And these photos you took with the measurements, they do not involve a red car at all?

Gayla: Right.

High: So the measurements are not accurate?

Gayla: No.

High: Those hot checks you mentioned Michael Porter wrote, when were those?

Gayla: I don’t remember.

Hugh: Were you there when they were written?

Gayla: No.

High: How did you find out about them?

Gayla: When I was going through the house.

High: But they were written when your daughter was still Raye Dawn Porter?

Gayla: Yes.

High: So you don’t know if your daughter wrote them?

Gayla: No.

High: The IRA’s he cashed in?

Gayla: I seen the stubs of them.

High: But beyond seeing the stubs, you don’t know anything more about why or whether your daughter was involved in that?

Gayla: No.

High: You said Raye Dawn would not have married Michael Porter had she known he was having financial problems? Isn’t that your opinion?

Gayla: Yes.

High: Did you have any conversations with her about that?

Gayla: NO.

High: The house on the hill, when did you move out of it?

Gayla: October of 2005.

High: The same time they moved in?

Gayla: Yes.

High: So it was your house they moved into?

Gayla: Yes.

High: January 14, were you aware the ER doctor said it could be abuse?

Gayla: No.

High: Did Raye Dawn tell you the doctor suspected child abuse?

Gayla: I don’t remember.

High: Would you have been concerned?

Gayla: Yes.

High: Why were the police looking into it?

Gayla: I guess the doctors told them to.

High: Do you remember why the police wanted to interview your daughter?

Gayla: I was not provided any information about the collarbone and bruises happening on different days.

High: Did Raye Dawn know that?

Gayla: She hadn’t seen the bruises.

High: She didn’t tell you? She told you sometime that weekend.

Gayla: I don’t really remember.

High: Was Raye Dawn concerned?

Gayla: Sure.

High: What changed, what did Raye Dawn do differently after that incident?

Gayla: The police checked it out.

High: That’s not my question Ms. Smith, what did Raye Dawn do differently?

Gayla: I don’t understand.

High: The same people who were allowed to be around Kelsey before January 14th continued to be around Kelsey, would you agree with me that your daughter did not do anything differently after January 14th?

Gayla: That’s true.

High: If they were concerned that Kelsey was being abused while in the care of your daughter would you expect the Briggs to come talk to you about it?

Gayla: They should if they were concerned.

High: When Kathie filed for guardianship how did that make you feel?

Gayla: Angry.

High: After Meeker police cleared your daughter was that issue over for you?

Gayla: Yes.

High: Did you talk to the ER doctor?

Gayla: No.

High: Kristal Johnson?

Gayla: No.

High: You said the Briggs were not happy with the guardianship and visitation and were constantly going to court. Was that before or after January 2005?

Gayla: After we went to court all the time.

High: How about before?

Gayla: We went to court before too.

High: Didn’t you have to start going to court because Lance had to establish paternity?

Gayla: Yes.

High: Is it true your daughter swore in her divorce petition she was not pregnant?

Gayla: I don’t know.

High: Did you tell people the father was a guy from the city?

Gayla: I don’t remember saying that.

High: How about a guy from McCloud?

Gayla: Not that I recall.

High: Did you allow your daughter any unsupervised visits?

Gayla: No, I was always there.

High: Did she have any injuries during that time?

Gayla: I think she got soap in her eye.

High: Did you report it?

Gayla: I didn’t know I had to.

High: On March 11th, you say Kelsey knew about the problems between the families and that she was being passed back and forth? Why do you know that?

Gayla: Kelsey said, “Grandma what happened?”

High: So that’s it? Anything else?

Gayla: No.

High: When was Dr. Koons first visit with Kelsey?

Gayla: January of 2005.

High: Would it surprise you it was actually in March?

Gayla: No.

High: Did you take off work to go to the doctor?

Gayla: In August I went and I took off to go with her when I had her in May.

High: So all of your information from the doctor’s visits came from someone else?

Gayla: I guess.

High: When Kelsey’s hair started falling out, did you know that a referral was made to DHS on March 25th reporting an injury to Kelsey’s face?

Gayla: I think I remember that.

High: Were you concerned?

Gayla: Yes.

High: About the bruises?

Gayla: No, I knew how they got there.

High: How?

Gayla: She fell out of the screen door.

High: Raye Dawn told you that?

Gayla: Yes, and DHS.

High: And DHS got their information from who?

Gayla: Raye Dawn. Her hair loss, what was that caused from?

High: I thought she had been shuffled around so much.

High: Do you know how many hours the Briggs had Kelsey versus your daughter?

Gayla: I know days not hours.

High: Who had more?

Gayla: I don’t know.

High: April 14th how often did Raye Dawn allow Kelsey to spend the night at someone else’s house during these precious hours she had with her daughter?

Gayla: Just once or twice.

High: Do you know what flip flops she sprained her ankle in?

Gayla: They were purple.

High: How high were they?

Gayla: About this high (she hold up 3-4 inches)

High: Could she get around pretty well in them?

Gayla: I never saw her in them.

High: You have 3 children if DHS took your children, after they broke both of their legs wearing those flip flops would you let your child wear them again?

Gayla: I might. I don’t know.

High: You said Raye Dawn told you to let Kelsey walk on her sprained ankle because that’s what the doctor told her?

Gayla: Yes.

High: Can you show me the paper that told her to have her walk on it?

Gayla: I don’t have it.

High: Would it surprise you we have a piece of paper signed by Raye Dawn where the directions from Dr. Koons say “rest right foot”?

Gayla: I don’t’ know.

High: Do you find it odd that she told you to walk on it when she had a piece of paper that says “rest right foot”? Would that strike you as odd?

Gayla: That would strike me as odd.

High: Kelsey was crawling when she came back from the Briggs, did Raye Dawn tell you again that she needed to walk on her legs?

Gayla: Yes.

High: Did you see Kelsey’s leg on the 25th?

Gayla: Yes.

High: Did Raye Dawn tell you the whole time she was with the Briggs she only took 4 steps?

Gayla: Yes.

High: If that story wasn’t accurate, would that cause you concern?

Gayla: Yes.

High: Who is Greg Wilson?

Gayla: Raye Dawn’s attorney in the custody battle.

High: Did you know that was Dr. Koons brother?

Gayla: Not at the time.

High: How did you start taking Kelsey to Dr. Koons?

Gayla: His office recommended her because we could get Kelsey in quickly.

High: Did DHS take Kelsey into protective custody when they first heard about the broken legs on April 25th?

Gayla: No.

High: Do you wish they had?

Gayla: No, not at the time.

High: Do you wish they have today?

Gayla: We’d all like to look back.

High: So DHS did not do what they were supposed to, the police ruled out abuse, that does not mean Kelsey wasn’t being abused all of this time, does it?

Gayla: I have no idea.

High: When did you hear about the visit to Dr. Sullivan’s office and that he had ruled it abuse?

Gayla: May 3rd.

High: What did you think?

Gayla: Oh my gosh.

High: Did you call Dr. Sullivan?:

Gayla: No.

High: You got Kelsey and took her back to Dr. Barrett right?

Gayla: Yes.

High: Why did you choose Dr. Barrett over Dr. Sullivan?

Gayla: Why would I want to go back to the doctor that took her casts off, she was in pain?

High: Is it because you didn’t want to go back and see the doctor who said it was abuse? Kelsey didn’t have any injuries in May?

Gayla: No.

High: When Kelsey told Raye Dawn, Daddy Mike hurt my head, if she had said that to you would you have found that concerning?

Gayla: Sure.

High: Did you think Kelsey was accurate?

Gayla: I don’t know.

High: Would you have laughed and said you haven’t been around him?

Gayla: If that was the truth.

High: What impact do you think that would have on a two year old if her mom just laughed it off?

Gayla: I don’t know.

High: Do you think she’ll ever say that again?

Gayla: I don’t know.

High: If Kelsey had told you that would you have looked into it?

Gayla: Yes.

High: Why didn’t Raye Dawn? Do you find that odd?

Gayla: Not odd, because everyone else was watching them as well.

High: So in June, things seemed to be good because the Briggs were out of the picture, right?

Gayla: Yes.

High: How long were the visits with CASA?

Gayla: I don’t know.

High: CHBS?

Gayla: I don’t know.

High: DHS?

Gayla: The one time they came over to my house it was like 30-45 minutes.

High: So you were never there when they would go to Raye Dawn’s?

Gayla: I guess a couple of times. They were coming when I was leaving or the other way around.

High: So when we talk about this intense situation where everyone is watching Raye Dawn you don’t even know how long they were there?

Gayla: No.

High: So the only mishap between June and October was the car accident?

Gayla: Yes.

High: Nothing else?

Gayla: Nothing major.

High: What else did you know about?

Gayla: Well Michael Porter said a lamp fell on her head.

High: Anything else?

Gayla: The seizure activity.

High: You never saw one?

Gayla: No.

High: Was he making that up?

Gayla: I don’t know.

High: How about when she rubbed her eye raw? You didn’t find that unusual?

Gayla: No, Kelsey picked at things.

High: But you say things got better when she went back to live with Raye Dawn? Were you aware she weighed less when she died than she did in March of 2005?

Gayla: She gained one pound at her last doctors appointment.

High: That’s not the question I asked you, were you aware she weighed less when she died than she did in March of 2005?

Gayla: She was also taller.

High: Ms. Smith, I’m not trying to argue with you but answer my question, were you aware she weighed less when she died than she did in March of 2005?

Gayla: Yes.

High: Did Michael Porter tape Kelsey’s eyes shut?

Gayla: Seems like I remember that.

High: How?

Gayla: Raye Dawn told me.

High: She was mad because Mike had put tape over Kelsey’s eyes and mouth?

Gayla: Yes, Raye was upset about it.

High: Upset enough to call you?

Gayla: Yes.

High: What did you tell her to do?

Gayla: I asked if they were playing and I told her to watch him.

High: So she could have moved out at that point?

Gayla: Sure.

High: But instead she moved into your house with him?

Gayla: Yes.

High: Is that all you remember?

Gayla: Yes.

High: Did she call you to tell you Michael Porter said Kelsey fell down the stairs and got some bruises?

Gayla: Yes, she was concerned.

High: Why?

Gayla: Because Kelsey was good at the stairs. We was starting to watch him. It struck me as odd but I didn’t’ see any injuries.

High: So why was Raye Dawn starting to watch him?

Gayla: We just was.

High: You were beginning to suspect things just then? Did you look back at all of these other bruises at this point?

Gayla: NO. Just now starting to suspect things.

High: Did you talk to Raye Dawn about what to do about your suspicions?

Gayla: No. I called Mike one day in the first part of October. He said he thought Raye Dawn treated Kelsey better than his kids.

High: So that conversation was not really about your suspicions?

Gayla: No.

High: You say Raye requested an autopsy? Were you aware an autopsy would have been conducted anyway?

Gayla: No. I didn’t know that. A

High: After Kelsey died did you talk to Raye Dawn about your suspicions with Mike Porter?

Gayla: Probably did.

High: Do you remember what Raye Dawn said?

Gayla: No.

Redirect
Huddleston: Raye Dawn did not allow Kelsey to spend the night with anyone on the 13th did she?

Gayla: NO.

Huddleston: Does your mom work with Raye Dawn at Lewis?

Gayla: Yes.

Huddleston: She was at work on the 14th?

Gayla: Yes.

Huddleston: These flip flops, are not the thin kind right?

Gayla: No, platform.

Huddleston: Those instructions for Kelsey’s legs, were they given to Kathie Briggs?

Gayla: Yes. Raye Dawn gave them to her. She tried to hand them back but Raye told her to keep them.

Huddleston: Do you remember when Raye Dawn took her to the doctor on 14th and the 25th?

Gayla: Yes.

Huddleston: Did the Briggs take her to the doctor?

Gayla: No.

Huddleston: The hearing in June, when Kathie Briggs testified that Kelsey was crawling for three days?

Gayla: Yes.

Huddleston: Did she take her to the doctor?

Gayla: No.

Huddleston: In May of 2005, was anybody upset with your care of Kelsey?

Gayla: Not to my knowledge.

Huddleston: Do you know who had access to Kelsey while she was with the Briggs?

Gayla: No.

Huddleston: You had no idea what was going on?

Gayla: No.

Huddleston: Did anyone else know?

Gayla: No.

Huddleston: In April 2005 the case went to court in June, did the District Attorney’s office offer any response?

Gayla: No.

Huddleston: In the statement Kelsey made to Raye Dawn about Daddy Mike hurting her head, was Porter around at that time?

Gayla: No.

Huddleston: If he had been would that have been concerning?

Gayla: Yes.

Huddleston: Was visitation up to Raye Dawn or the judge?

Gayla: Judge Key.

Huddleston: When you found out Porter was charged with murder do you ever try to meet with Porter?

Gayla: No.

Huddleston: The scab on Kelsey’s eye, did you find that unusual?

Gayla: No, Kelsey picked at stuff all of the time.

Huddleston: Raye Dawn didn’t know the policy of the medical examiner’s office?

Gayla: No, she just wanted to know what happened to her daughter.

Huddleston: Did Porter?

Gayla: No, he said they’re not going to cut her up or anything.

Huddleston: October 11th, when you got to the house, did you see any bruises on Kelsey?

Gayla: No.

Huddleston: January 14th 2005, was there regular visitation?

Gayla: Yes.

Huddleston: Anything in those calendars that’s not accurate?

Gayla: No.

Huddleston: Kelsey was your granddaughter, if you thought she was abusing her, Raye Dawn was your daughter would have turned in your daughter?

Gayla: Sure. I’d have gotten Kelsey first.

Huddleston: Did you have any suspicions Mike Porter would go to the extremes of murdering Kelsey?

Gayla: No.

Janet Gragg Testimony

Janet is Raye Dawn’s older sister. She has two children and two grandchildren.

Huddleston: How do you feel about Kelsey?

Janet: Kelsey was awesome.

Huddleston: When Raye Dawn moved out did you keep in contact with her?

Janet: I helped her move.

Huddleston: Did you visit her and Kelsey?

Janet: Yes, they were special to me.

Huddleston: Were you ever around when Raye Dawn disciplined Kelsey?

Janet: She just counted and did timeouts. Raye Dawn would get tickled when Kelsey would finish the counting.

Huddleston: Anything that would concern you about Raye Dawn?

Janet: No.

Huddleston: If you left court tonight would you leave your grandkids with her?

Janet: Yes.

Huddleston: Did you ever talk to Raye Dawn about the bruises or injuries?