Trial Prosecution

 

These notes were taken by an Oklahoma reporter who is close to the Briggs.

The actual transcripts have just been turned over to Raye Dawn's family as of yet.

 

Dr. Kelli Koon Testimony Patty High

High:           When was  the first time you was  Kelsey ?           
 

Koons:         March 31st, 2005

High:            How did Kelsey become your patient?                   
 

Koons:          I received a phone call, Mom was concerned of her hair thinning.

High:      What did you see on Kelsey?                        
 

Koons:   There was a large amount of hair loss.

High:      What did you diagnose?                                                                                                                   Koons:    Alopecia

NOTE:   Alopecia is where your hair can fall out in dime size spots, then those spots grow it is mainly described as a stress disorder.  There is Alopecia, and alopecia universalities (it effects all of   the hair on the body including eyelashes, brows, arms, legs etc..) Even in with today's   technology experts aren't exactly sure of what the actual physical causes of alopecia are. The disorder  has only been ASSOCIATED with stress.

High:      What do think of a child with hair loss?                                                                                                      Koons:    Nutritional deficiency.

NOTE:   One does not need to be nutritional deficient to suffer from Alopecia. Many perfectly healthy people suffer from Alopecia.  To diagnose Alopecia and nutritional deficiency there HAD to be more than JUST the hair loss.

High:      Do you talk with the Mom about nutrition?                                                                                              
 

Koons:   Yes

High:      What did she say?                                                                                                                                             Koons:           Said Kelsey was a picky eater but nothing in particular.

High:      Mom didnt have nutritional concerns right?                                                                                                   
 

Koons:      Correct

High:      Did Raye Dawn explain Kelseys history?                                                                                                           Koons:      She told me she would have Kelsey for the next 24 hours but Kelsey was in a DHS custody battle.

High:      What do you think when you heard DHS was involved in a kids life?                                                     
 

Koons:     There is a concern for child abuse.

High:      Can hair loss be child abuse?                                                                                                                                 
 

Koons:       Yes

High:      Alopecia, can it be related to stress?                                                                                                                  
 

Koons:       Yes

High:      What do you know of Kelseys medical history?                                                                                                           
 

Koons:       I had notes from Dr. Ketcher and Dr. Obri.

High:      Did you have notes from January 21st?                                                                                                            
 

Koons:        Yes it indicated a well being check up and bruises. The mother reported Kelsey bruises easy.

High:      What did Dr. Ketcher do?                                                                                                                                      
 

Koons:         Decided no alarming bruises but ordered blood tests.

NOTE:   This was immediately after the bruising in January and the report said NO ALARMING BRUISES??

High:      What were the results?                                                                                                                                                           
 

Koons:                Normal

High:      And notes for January 25th?                                                                                                                                  
 

Koons:      Kathie Briggs brought Kelsey in for a check-up. She is now in her custody. The doctor says no    bruises noted on that doctor visit.

NOTE:   Again NO bruises noted.

High:      The next visit, February 10th, what did you see this day?                                                                      
 

 Koons:        She was having a recheck of her clavicle fracture.

High:      Anything unusual about Kelsey?                                                                                                                           
 

Koons:      No

High:      On March 22nd?                                                                                                                                                            
 

Koons:     She was brought in by her Grandma. Nothing new on bruises.

High:      The next time you see Kelsey, March 31st. What did you do to find out about the hair loss?
 

Koons:          Ordered tests to check for nutrition. Raye Dawn says she is still concerned that Kelsey bruises easy.
 

High:      Did she tell you about bruising from January to March?                                                                            
 

Koons:       We did not timeline bruising. She just said she was concerned.

High:      And what did the tests say?                                                                                                                        
 

Koons:All tests came back normal.

High:      The next time you see her is April 25th. What was the reason?                                                              
 

Koons:       Not walking and painful legs.

High:      Who was there?                                                                                                                                                          
 

Koons:      Mom and not sure about the maternal grandmother. I ordered x-rays from the knees down.

High:      What did it find?                                                                                                                                                     
 

Koons:           2 tibia fractures.

High:      Concerning?                                                                                                                                                                     
 

Koons:   Any fracture on a child this age is a concern for child abuse. We x-rayed her entire body.

High:      What did you do with your concerns?                                                                                                                
 

Koons:      I took the films to Dr. Barrett, a bone specialist in my office. I talked to both Raye Dawn and Kathie.

High:      Start with what Raye Dawn told you.                                                                                                                  
 

Koons:     Mom says a week and a half ago and the child went to the zoo. She fell wearing flip flops. They took her to the ER and found a sprained ankle.

NOTE:   Miste Smith said she fell on a CURB, with the flip-flops on. That part is often left out, making the fall seem improbable. However when you add the fall from the curb along with the unsteady height of the flip flop it is VERY PROBABLE.

High:      And what did the paternal grandmother say?                                                                                                
 

Koons:       Kathie says Kelsey would only take 4 steps and say hurt and then she has been crawling since then.

High:      Did you inform Dr. Barrett of your suspicions?                                                                                             
 

Koons:        Yes        

High:      You mean a victim of abuse?                                                                                                                                 
 

Koons:       Yes

High:      What did Dr. Barrett say?                                                                                                                                                 
 

Koons:              Dr. Barrett told me the stories were consistent with what I was being told.

High:      If you thought Raye Dawn was the perpetrator would you look at the history she provideddifferently?                                                                                                                                                                                  
 

Koons:       No, I was suspicious of everyone.

High:      On April 26th, what happened?                                                                                                                            
 

Koons:       Kelsey went to visit Dr. Barrett.

High:      When was the next time you see Kelsey?                                                                                                       
 

Koons:       August 16th, when we sent her for additional studies.

High:      What ones?                                                                                                                                                                      
 

Koons:    The genetics, a bone disorder, a thinning of the bones. (Osteogenesis Imperfecta)

High:      And what happened with this?                                                                                                                            
 

Koons:       Ruled out.

Note: The tests DID NOT RULE OUT OI -they were INCONCLUSIVE, per Dr. Koons's testimony further along in the trial.
 

High:      Did you rule out child abuse?                                                                                                                                
 

Koons:        No

High:      What made anyone look at Kelsey for OI?                                                                                                       
 

Koons:       Pale skin and multiple fractures.

High:      You saw her on August 16th, anything unusual?                                                                                                        
 

Koons:         A knot on the back of her head.

NOTE:   This could have been an injury, however it also could have been an alopecia episode.  Often alopecia is preceded by large knot like bumps, about the size of the hair loss circle.

High:      Did Raye express concerns?                                                                                                                                   
 

Koons:       Says Kelsey is biting herself and picking at herself. I suggested an evaluation at a child study center for any underlying emotional issues.

Note:    Raye went through DHS in order to make this happen.

High:      Who did you talk with more often?                                                                                                                 
 

Koons:          The Smith family because they brought her in more.

High:      Anything unusual?                                                                                                                                                    
 

Koons:        Raye Dawn made comments saying Kelseys behavior is getting worse, going back and forth between the families.

High:      Is this stress normal in an ugly divorce?                                                                                                                                
 

Koons:    This one had more anger.

NOTE:   This shows that Dr. Koons was aware of the volatile situation, and she suspected everyone.     The other experts were always led to only suspect the mother

High:      Now that Kelseys gone do you look at things differently?                                                                    
 

Koons:         I think it is always easier to look back.

Cross Exam - Huddleston

Huddleston:       Are you saying your diagnosis is wrong?                                                                                        
 

Koons:              No

Huddleston:       Is it true I was not allowed to talk to you?                                                                                          
 

Koons:                    Correct

Huddleston:       Are you being sued by the Briggs family?                                                                                           
 

Koons:                     Correct

NOTE:            The Case against Dr. Koons was dropped in October of 2007, with no foundation for a civil recovery.

Huddleston:       Is it true attorneys refer clients to doctors all the time?                                                              
 

Koons:             Correct

Huddleston:       Its hard to become a doctor isnt it?                                                                                                     
 

Koons:              Correct

Huddleston:       Do you have clients and patients?                                                                                                    
 

Koons:               Correct

Huddleston:       A lot of people depend on you dont they doctor?

Koons:              Correct

Huddleston:       Would you ever jeopardize your practicing license by giving treatment or statements that are not true?                                                                                                                                                                          

Koons:               No I would not.

Huddleston:       How do you feel that they brought a previous witness in to detest your credibility?
 

Koons:                          I think anyone would feel poorly if their character was in question.

Huddleston:       On January 25th what happened?                                                                                                    
 

Koons:                         The Briggs family took Kelsey to Dr. Obri.

NOTE:                   In which he noted NO BRUISING -

Huddleston:       When you got in this case, you said you noticed things going on between families?
 

Koons:             Correct

Huddleston:       This calendar shows guardianship was filed on January 24th. Then the next day Kathie takes Kelsey to Dr. Obri. Then Raye Dawn gets her back and takes her to Dr. Ketcher. Do you find that unusual?                                                                                                                          

Koons:                  No

Huddleston:       Have you ever had a patient where they are feuding over a child so each side takes the  child to a different doctor?

                                                                                                                                              Koons:                             This would be my first case.

Huddleston:       So Raye Dawn brought Kelsey to you on March 31st?                                                                    
 

Koons:                   Correct


 

Huddleston: Do you know Dr. Obri?

Koons: Yes

Huddleston: Is Dr. Obri being sued in this case?

Koons: No she is not.

Huddleston: What do you show for March 21st? Koons: I have Briggs took Kelsey to the ER.

Huddleston: On March 31st do you think the loss of hair could have been from stress?

Koons: It could be.

Note: If the Briggs had Kelsey from January 24 this visit, isn't that enough time for nutritional concerns to emerge? When there were NEVER nutritional concerns BEFORE Kelsey was in Kathie's care?

Huddleston: Can going back and forth between families be a sign of stress?

 Koons: Yes

Huddleston: You didnt see any sign of hair being yanked out?

Koons: No I did not.

Huddleston: Did you know about her ER visit on the 14th?
Koons: By history, yes.

Huddleston: When did you know about the ER visit?

Koons: April 25th

Huddleston: Did you get the records?

Koons: No

Huddleston: Have you looked at them since?
Koons: No

Huddleston: Why did you send Kelsey to Dr. Barrett?

Koons: She is board certified.

Huddleston: So you think she is a good doctor?

Koons: Yes and she could get the child in quickly.

Huddleston: What did Dr. Barrett say?

Koons: Dr. Barrett felt the story could be consistent with Raye Dawns story.

Huddleston: Explain.

Koons: Dr. Barrett thought this was from falling on a flip flop but they could have been in a different time frame.

Huddleston: How did you take that?

Koons: She is a medical expert. I have no reason to disagree.

Huddleston: Do you doctor have an ethical duty to notify about child abuse?

 Koons: Yes

Huddleston: Did you contact police?

Koons: I did contact them on March 21st about our findings that day.

NOTE: Why wasn't a police report ever obtained? What was the nature of this report?

Huddleston: You wanted the OI test done? Koons: Correct
Huddleston: Was it ever ruled out?
Koons: No

NOTE: Earlier in testimony with Pattie High, Dr. Koons said that it was ruled out however here she clearly says that it was NOT ruled out. Additionally, notes from the 2nd autopsy say that it was NOT ruled out.

Huddleston: These fractures, did you look at the x-rays?

Koons: Yes

Huddleston: Did you know if Dr. Barrett contacted police?

Koons: Not to my knowledge.

Huddleston: On May 2nd, Dr. Sullivan saw Kelsey?

Koons: Not to my knowledge.

Huddleston: Has Dr. Barrett ever changed her opinion as to the diagnosis?

 Koons: Not to my knowledge.

Huddleston: When Kelsey was taken to Dr. Barrett, the casts were taken off?

 Koons: I do know that.

Huddleston: When Kelsey goes back to Dr. Barrett on the 6th, the casts were put back on?

Koons: Correct

Huddleston: On August 16th, did you know DHS and CHBS were meeting all the time?

Koons: No I did not.

Huddleston: But CHBS came to all the visits?

Koons: Yes I documented that.

Huddleston: So this child had been through a lot?

Koons: Yes she had.

Huddleston: And this is just 60 days from the time she was returned to mom?

 Koons: According to your timeline.

Huddleston: And Jean Bonner recommended child study?

Koons: No I recommended that. Play therapy allows psychologist help the child work through issues.

Huddleston: Did you see any abuse on August 16th doctor?

Koons: No I did not.

NOTE: This is just 3 days before the automobile accident on August 19th and there was NO abuse.

Huddleston: Did you write you think Kelsey bruises easier?

Koons: I do stand by the fact that Kelsey bruises easier than kids her age. I established a doctors appointment at Childrens Hospital with the hematologist.

Huddleston: Doctor, the bottom line, you saw Kelsey on numerous occasions?

 Koons: Correct

Huddleston: But never went to court for abuse?

Koons: Correct

Huddleston: You never went to CASA?

Koons: Correct

Huddleston: And Raye Dawn did everything she could for the welfare of Kelsey?

 Koons: Correct

Re-direct Patti High

High: You say Raye Dawn did everything for the welfare of Kelsey, why?

Koons: She brought her to all the appointments and acted appropriately in my office.

High: From January 24th to March 11th, she only had supervised visits with Kelsey. Are you aware there were no injuries during that time?

Koons: No I wasnt

NOTE: There were INJURIES such as a scratch from a cat, a bite form a dog, a bite mark on Kelsey these were NOT reported to DHS.

High: Were you aware injuries began when they went into unsupervised visits?

 Koons: No I was not.

NOTE: There were NUMEROUS injuries that were recorded during the SUPERVISED VISITATIONS with both Kathie Briggs and Raye Dawn all injuries, just as the ones described here were bumps or bruises form falling, cuts on the finger and a whole host of small NORMAL TODDLER injuries all occurring while under the watchful eye of DHS! (See the Visitation Logs)

High: Were you ever told about a bruise on her nose?

Koons: No

NOTE: Wasn't the March 21st incident a bruise on her nose??? Didn't they say the first time Koons "saw" Kelsey was March 31st?


High: A bruise on her thigh?

Koons: No

High: A bruised rib cage?

Koons: No I was not told

High: So you were not given information?

Koons: It would have been nice to know.

High: Are you told about any injuries in July?

Koons: No, only the ones in my office.

High: Did anyone tell you about the shampoo injury?

Koons: No

NOTE: It is important to note that this was such a SMALL injury, that the CHBS worker only reported it in her documentation; she never filed anything on it because it was a USUAL CHILDHOOD INJURY, hardly notable in a history for a doctor. Same goes for the other bruises mentioned in this questioning. These should NOT have been allowed to present an abuse case.

High: The other list of injuries? Koons: No

NOTE: What list? How can the jury be sure of exactly what list of injuries the prosecution is referring to? How is this witness certain? The witness should have asked for clarification, high just named all of the injuries. What list?

High: So is it safe to say your opinion may be based on opinions without all the information?

Koons: My opinion is only based on information I could obtain in my office.

High: Would you believe Dr. Sullivan might be right now?

Koons: It is of high suspicion.

High: Did you ever tell Kathie Briggs that your uncle was representing Raye Dawn Porter?

Koons: No

High: Dont you think she would want to know before she gave you information?

Koons: Its possible.

NOTE: What information could Kathie give to a physician that would hinder anything in a DHS case? Unless she had something to hide.


 

Kathie Briggs Testimony


Kathie Briggs:     Raye Dawn and Lance were not married when Kelsey was born. They divorced in July of 2002. I found out Raye Dawn was pregnant after the divorce and was told it was not his, so we were not expecting a grandchild. Then I heard rumors it could be.


Smothermon:    When Kelsey was born, did you get to be the grandmother?

Kathie Briggs:     No. We did a paternity test immediately. Kelsey was three months old when we found out she was ours. When Kelsey was two months old, Raye Dawn called and wanted tointroduce us to her. She brought her over to the house. I saw her again when she brought Kelsey in to get her pictures taken at Sears, where I was the manager. Once the paternity test confirmed Lance was the father, he was allowed to see her for 4 hours every other Saturday for three months and we all shared that 4 hours. We asked for more time, but Raye Dawn did not allow it.

Smothermon:    How did you feel about Raye Dawn?

Kathie Briggs:     I adored Raye Dawn. Ive known her since she was a little girl, I was her pom coach; I did her hair. I loved Raye Dawn like she was a member of our family. Our relationship changed when Lance went to Iraq in August of 2004 and I wanted to continue seeing Kelsey but I wanted it in writing and she did not want to do that. So I hired an attorney to get it in court. The judge granted me visitation in my sons absence.

NOTE:         Kathie Briggs was NEVER Rayes pom coach. Their relationship changed long before Lance left for Iraq.  Their relationship changed when Lance started beating on Raye-Dawn and the Briggs constantly talked Raye-Dawn out of pursuing the Protective Orders.

Smothermon:    And so you took care of Kelsey quite often up until this point?

NOTE:          Kathie JUST testified that they ONLY had Kelsey for 4 hours every other Sunday.  That is 8 hours a month. That does in NO WAY constitute as often.

Kathie Briggs:     Yes, I kept her a lot until she wanted it in writing and then something changed and Raye Dawn told me she did not want to drop Kelsey off and pick her up at our homes, she wanted to do it at the convenience store.

NOTE:          This was the Rainbow the same store that Eugene Snyder allegedly witnessed Raye Dawn throw Kelsey over the seat in the RED CAR.  The car that was sold, 5 months before the time of year Eugene says he saw this. See the notes from his testimony.

Smothermon:    And how did that go?

Kathie Briggs:     Fine, except one time she walked up and set Kelsey on the sidewalk and walked away.

 

Smothermon:    Okay in January, lets talk about the broken collarbone?

Kathie Briggs:     The weekend before I was supposed to have Kelsey but Raye Dawn never showed up. I called her relatives and the next weekend she did. On January 14th, Raye Dawn told me she fell out of the bed and broke her collarbone.

NOTE:          This doesnt gel if it was the weekend before the 14th that would have been January 7th (both Fridays) but the ER Dr. Testified that Kelsey was brought in on the 10th for the collarbone (and other than the forehead-there were NO OTHER INJURIES).  Why would Raye skip a visit, in which Kelsey was perfectly fine, and trade it for a week when she was injured?

Smothermon:    Did you see any bruises?

Kathie Briggs:     It was dark and Raye Dawn just told me she had a brace on. I got Kelsey home and noticed bruises on her face. Lance was home on leave and we were having a birthday party so she stayed at our house for about 2 hours until 7:45pm.

 

Smothermon:    Did you change Kelseys diaper during that time?

Kathie Briggs:     No, I was taking care of the birthday party so no one changed her.

NOTE:                   Yet Ashley claimed during her testimony that she was with Kelsey every single minute. Could she not change her diaper because she didnt have custody?  That was her reason for not taking her to the ER when she wouldnt walk!

Smothermon:    Did you notice anything different?

Kathie Briggs:     We were concerned her demeanor had changed. Lance called Raye Dawn and asked why they were not notified about the collarbone. Raye Dawn did not think it was a big deal, so she didnt call us.

NOTE:                   At that time, neither did the Emergency Room Staff.

Smothermon:    Once Lance and Ashley left, then what happened?

Kathie Briggs:     Ashley called crying saying she had bruises on her back.

Smothermon:    So where was Raye Dawn living at the time?

Kathie Briggs:     Meeker.

Smothermon:    Why did Lance and Ashley take her to the Shawnee hospital?

Kathie Briggs:     Thats where they lived.

Smothermon:    Why did you go to the ER?

Kathie Briggs:     I wanted to see what it was.

Smothermon:    What did you think?

Kathie Briggs:     I was extremely concerned and shocked. I couldnt believe what kind of instrument could have been used to cause those marks.

Smothermon:    Did you tell police any name to look at in their investigation?

Kathie Briggs:     One police officer came out and I told them Raye Dawns name, just because shes the mother.

Smothermon:    What did Officer Matt Byers tell you?

Kathie Briggs:     He asked if I was prepared to raise a grandchild and I told them I never intended to but would if I had to.

Smothermon:    Did you call DHS?

Kathie Briggs:     No, Carl Leabo, the chief of police in Meeker told us he called.

NOTE:                   According to Matt Byers testimony, Carl Leabo was not involved in this case until Matt inquired regarding the investigation, the next day and then he was only a consultant in the case, he took NO ACTION.  This is FALSE or MISLEADING TESTIMONY. Carl Leabo testified that he never made such a statement to Kathie or anyone.

Smothermon:    You did not want to give Kelsey back to Raye Dawn?

Kathie Briggs:     No, but I did not have a court order, so I had to.

NOTE:                   Kathie kept Kelsey as long as she could.  Until Raye-Dawn went to the police and had them escort her to pick Kelsey up.  This is FALSE or MISLEADING TESTIMONY.

Kathie Briggs:     On January 24, 2005 we showed Judge Key the pictures of the bruises and got an emergency guardianship. I immediately went to pick Kelsey up from the daycare Raye Dawn had her at.

Smothermon:    And how did that go?

Kathie Briggs:     The daycare provider started yelling at me, asking why I was taking Kelsey.

Smothermon:    Did you yell back?

Kathie Briggs:     It was heated, but I would not consider it yelling.

NOTE:                   Like she would not consider the ANIMOSITY between their families: ANIMOSITY? Julie (the daycareworker) testified during the June hearing that Kathie grabbed Kelsey from her arms, it was so traumatic that Julie was fearful of the effect on the surrounding children, and gave Kelsey to Kathie.

Smothermon:    Did you allow Raye Dawn to see Kelsey at any time during the next two weeks?

Kathie Briggs:     Yes, she called and wanted to see her, so I called my lawyer and he said as long as it was at my house.  So Raye Dawn and her family came over to see Kelsey at my house.

Smothermon:    So you had sole custody of Kelsey from January 24th through February 11th?

Kathie Briggs:     Yes.

Smothermon:    Did Raye Dawn ask to see her more?

Kathie Briggs:     No.

Smothermon:    On February 11th court date, Judge Key allowed supervised visitation for Raye Dawn, what was that arrangement?

Kathie Briggs:     She had her Friday through Monday as long as Mildred Fowler or Gayla was present.

Smothermon:    Was DHS involved in that decision?

Kathie Briggs:     No.

Smothermon:    Meeker police?

NOTE:                   Why would the Meeker police be involved?  Their TRAINED INVESTIGATORS reviewed every aspect of the case and found NO ABUSE. 

Kathie Briggs:     No.

Smothermon:    So for one month, nothing was out of the ordinary?

Kathie Briggs:     No.

Smothermon:    On March 11th another hearing what happened?

Kathie Briggs:     Raye Dawn got unsupervised visitation from Wednesday at noon until Thursday at noon and from Friday at 6pm until Monday at noon.

Smothermon:    How many hours is that?

Kathie Briggs:     90 hours a week for Raye Dawn.

Smothermon:    Thats more hours than you had her?

Kathie Briggs:     Yes.

Smothermon:    But there was a stipulation?

Kathie Briggs:     Yes, she could not be with Michael Porter during those visits.

Smothermon:    Why? Was that your request?

Kathie Briggs:     Yes, I just had concerns and wanted to narrow it down if something else happened, I would know where it was coming from.

Smothermon:    So you wanted this arrangement to work?

Kathie Briggs:     Yes. I left Kelsey with Raye Dawn that day, even a few hours early so we would not have to meet later that day.

Smothermon:    The very next time you got Kelsey March 14th, what did you find?

Kathie Briggs:     She had a bruise on her head. Raye Dawn said Kelsey fell off a four wheeler or something.

NOTE:                   Remember during Rachelles testimony they showed Kelsey and Raye-Dawn on the 4-wheeler. 

Smothermon:    What did you do?

Kathie Briggs:     I just wrote it down.

Smothermon:    Did she get any bruises with you?

Kathie Briggs:     No. She had one dog bite and one cat scratch on her face, thats it.

NOTE:                   Julie, the daycare provider testified that she was concerned about the bruises that                                       Kelsey would come back from the Briggs visits with.  She even filed a report with                                         DHS. (The Confidential OCCY Report states that DHS has no record of this report.)

Smothermon:    Was Kelsey playful with you, a normal 2 year old?

Kathie Briggs:     Yes, I actually screwed a cabinet to the wall and put locks on all of my cabinets becauseshe was so curious.

Smothermon:    No bruises?

Kathie Briggs:     No.

NOTE:                   Raye Dawn has several photographs of bruises that Kelsey received during Kathiesvisits.

Smothermon:    March 21st, what happened?

Kathie Briggs:     I got Kelsey and her eye was matted and red. Raye Dawn said she got blood on her eye from the scrape on her hand. The next morning I took her to the doctor because she said her throat hurt. The doctor said she was sick with a sore throat and an eyeinfection.

NOTE:          The scrape on her hand came from the dog or the cat bite Kelsey received while in Kathies care?

Smothermon:    Did you call DHS?

Kathie Briggs:     No.

Smothermon:    Were you concerned Raye Dawn had not taken her to the doctor?

Kathie Briggs:     No, I was not concerned it was over the weekend and she was just sick, I didnt think it was a big deal.

Smothermon:    How about March 24th?

Kathie Briggs:     Her nose was blue on the bridge. Raye Dawn said she had fallen in the kitchen. But her nose kept getting more swollen all day. I took her to the ER in case it was broken.

Smothermon:    Why did you take her to the ER?

Kathie Briggs:     Kelsey just kept saying, my nose, my nose I would have taken my own kids.

NOTE:                   In Kathies timeline on the memorial site that she has for Kelsey she PLAINLY says that she took Kelsey in to the ER to DOCUMENT the injury.

                   Her own kids were in DHS custody for two years she wouldnt have been around to take her own kids.

Smothermon:    Raye Dawn told you she fell in the kitchen while they were running?

Kathie Briggs:     Yes, but nothing was broken.

Smothermon:    You called DHS?

Kathie Briggs:     No, the doctor came in the room and told us he had called DHS and the caseworker would be following up with us in the morning.

NOTE:                   According to the Confidential OCCY Report, there was never a report received from a medical facility regarding this incident. 


 

Smothermon:    Did you call DHS ever for this injury?

Kathie Briggs:     I left a message with DHS worker Yolanda Hunter, the woman I had talked with about Raye Dawns treatment plan, the next morning. Kristal Johnson called back and asked to come over and take a picture.

Smothermon:    March 31st what did you see on Kelsey?

Kathie Briggs:     She had two bruises on her leg and two on her back in the middle.

Smothermon:    Did you report it to DHS?

Kathie Briggs:     No, I just recorded it.

Smothermon:    April 4th?

Kathie Briggs:     She had something wrong with her face, I dont have specific notes about it. I remember it because Ashley made a referral to DHS because Lance was home and they would have Kelsey all week for visitation and she wanted DHS to know about the injury.

Smothermon:    When Raye Dawn is picking up Kelsey is she seeing bruises?

Kathie Briggs:     Just the cat scratch and the dog bite.

Smothermon:    Okay, so Lance and Ashley had Kelsey until April 11th?

NOTE:                   For a soldier supposedly in Iraq, Lance sure seemed to be home a lot!  Remember Kathie testified that in the fall (2004) is when Lance was to be deployed to Iraq, thats why she asked for additional visitation, and when she didnt get it she hired an attorney. Yet Lance sure seems to be there a lot.

Kathie Briggs:     Yes, Raye had missed her weekend visit so she called me and wanted to make it up, so I called DHS and Kristal did not seem interested, so I decided to allow her to make up the days.

Smothermon:    So Raye Dawn has her from the 12th through the 14th of April?

Kathie Briggs:     Yes.

Smothermon:    And she brought her back with a sprained ankle?

Kathie Briggs:     Yes, she had a doctors note saying it was it was a sprained ankle. Ashley called DHS and they told her to keep her over night and not give her back. So we gave her back on the 15th.

Smothermon:    Raye Dawn told you she tripped and fell on her flip flops?

Kathie Briggs:     Yes, at the zoo.

Smothermon:    Have you ever seen those shoes?

Kathie Briggs:     No.

Smothermon:    Did you buy them for her?

Kathie Briggs:     No.

Smothermon:    On the 14th what did the injury seem like?

Kathie Briggs:     It seemed like a normal sprained ankle.

Smothermon:    But she wouldnt walk?

Kathie Briggs:     No it was as if she was a toddler learning to walk, she wouldnt walk around the room, she would just prop herself up on the couch or the table.

Smothermon:    When you gave Kelsey back to Raye Dawn did she have some kind of mark on her?

Kathie Briggs:     Yes, she had a bite mark, and Raye asked me if someone in my family had bitten her, like one of my grand kids. And I said I didnt think so. But when I asked Kelsey who bit her she said, Kelsey did it.

NOTE:                   Previously Kathie testified under oath that Kelsey never received a bruise other than a cat scratch or a dog bite!

Smothermon:    On the 19th when you got her back again, what happened?

Kathie Briggs:     We were at Walmart and she tried to walk, because she didnt want to get in the cart and she took four steps and said cant. On the 20th I talked to a school nurse and a physical education teacher about the ankle and they said it was not unusual; she had only had the sprained ankle less than a week.

NOTE:                   Remember previously when Kathie testified that she took Kelsey to the doctor for a matted eye and not feeling well?  Remember previously when Kathie testified that she took Kelsey to the ER for the bump on the nose?  She wasnt concerned about Kelsey not walking?  Strange, for someone documenting child abuse so well and going to the doctor so often. Instead she asks a school nurse and a PE teacher???

Smothermon:    Between 5pm on the 18th and 4pm on the 21st was there anything that happened to Kelsey in your care that could have caused two broken bones?

Kathie Briggs:     No.

Smothermon:    She didnt fall in a hole?

NOTE:                   This line of questioning stems from rumors that Kathie Briggs told the DHS worker that Kelsey was playing and tripped and fell in a hole.  She later recanted, and claimed to have never made the statement.  You will note that Dr. Sullivan and Dr. Block both indicated that a break of Kelseys nature could occur from falling in a hole.  Is this a coincidence that both doctors would use this analogy?

Kathie Briggs:     No. On the 25th Yolanda hunter called and told me Kelsey was at DHS because of her legs. And I said you mean her ankle? And she said no, both of her legs. And that was the first time I heard about leg injuries. On the 26th Raye Dawn dropped her off with me and has had a pink and a green cast on and two broken legs.

Smothermon:    So when Raye Dawn found out both of her legs were broken she never asked you if anything had happened during your visit with her?

Kathie Briggs:     No.

Smothermon:    On the 28th at noon, you got her back and something else was wrong?

Kathie Briggs:     Yes, she had what I call a pump knot on her nose. It was puffy, very puffy.
Raye Dawn said Kelsey had been elbowed by her stepsister in the night.

NOTE:                   Kathie took Kelsey to the doctor for a matted eye, then she took Kelsey to the ER for a knot on her nose (to document)- but didnt take her when she refused to walk, and now didnt take her for the pump knot.Does anyone find this odd? Or is it possible that Kathie did NOT SUSPECT Raye Dawn to be the ABUSER, as she has stated or didnt suspect abuse at all!!

Smothermon:    Did you ask Kelsey what happened to her nose?

Kathie Briggs:     No. Per the court order the last weekend of the month, Kelsey spent with us, but Raye Dawns great grandmother died that weekend and I told her she could take Kelsey to the services if she wanted to.  On the 28th I talked to a friend who works at a foot place and she told me I should get Kelsey looked at for growth plate problems, and suggested I get a second opinion with Dr. Sullivan in Oklahoma City. Her office actually made the appointment. So I called Raye Dawn and told her I thought she should take her to the appointment, and she told me she didnt want to take her to Oklahoma City because if this doctor suspects abuse, he might take her into custody in Oklahoma County. I told her the doctors said it was an accident and didnt think that would even be an option.
Monday was her great grandmothers service and we could not get the appointment changed, so I told Raye Dawn I would take her instead. So Kelsey went to the lunch before the funeral and then I picked her up and took her to Oklahoma City.

Smothermon:    And what did you expect Dr. Sullivan would say?

Kathie Briggs:     I never suspected someone would bruise or break two of Kelseys legs.

Smothermon:    What did you do when he told you it was abuse?

Kathie Briggs:     I was nauseous. I called Lance and told him what the doctor said and told DHS that the doctors suspected the legs were abuse. David Burgess, the DHS supervisor, called me the next morning and told me they may have to take Kelsey in to DHS custody. So I called Raye Dawn and told her that shes going into DHS custody.

NOTE:                   She called Lance?  Wait a minute I thought he was deployed in IRAQ!! They told DHS they didnt know how to get in touch with him!!!  Somethings FISHY!!

Smothermon:    How did that make you feel?

Kathie Briggs:     I was scared she would be going into a foster home with strangers. I got some of her dolls together so she would have something.

NOTE:                   Raye Dawn called to check on Kelsey and to ask how the appointment went. Kathie told Raye-Dawn that the Dr. said it was abuse and that DHS was taking Kelsey into custody. Raye asked Kathie why she didnt call her, Raye was freaking out at the prospect of her daughter going into foster care.  That is when Raye Dawn called Gayla and they raced over to DHS and filled out the proper paperwork for Gayla to be the foster care provider.  Kathie THOUGHT that Kelsey would be placed with Lance and Ashley THATS WHY she didnt call Raye-Dawn. But theres no ANIMOSITY there!

Smothermon:    Then the next morning what did you find out?

Kathie Briggs:     She had been placed with Gayla. And I realized Raye Dawn had begun pointing the finger at me saying I had abused Kelsey, to DHS.

NOTE:                   Honestly, think about this statement for a minute.  Raye wasnt abusing Kelsey who was the only other person to suspect?  It wouldnt be Lance, he wasnt around enough, or so Raye thought!  I mean has anyone ever looked at the pattern of abuse being found in Kathies presence?  Kelsey was around many, many people on a REGULAR basis, who NONE of them suspected abuse, until Kathie mentioned it  (Professionals, Doctors, etc) Were the professionals really that careless?  I mean they are the PROFESSIONALS!!  They are TRAINED and Kathie is not, yet she always seemed to notice the abusecoincidental?

Smothermon:    So then you go to court in May?

Kathie Briggs:     For the show cause hearing.

Smothermon:    And what is the visitation schedule