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BLIND JUSTICE
When you first hear about the tragic beating death of two-year-old Kelsey Smith-Briggs you can’t help but hope that justice was served. Two people now sit in prison cells with hefty sentences, for enabling the abuse that killed Kelsey Smith-Briggs, but no one was or will ever be convicted of her murder. I personally can’t understand why the prosecution in this case would focus their efforts so solidly on the mother Raye-Dawn Smith, when during her trial the prosecutor Richard L. Smothermon, stated more than once that he knew from the evidence in the case that Michael Porter, Kelsey’s step-father, had murdered her. It isn’t terribly farfetched to consider that the prosecution was willing to go with a charge-bargain agreement with Porter in order to secure a conviction, that happens every day in this country, it’s become the normal process for pre-trial. What really stands out in my mind is that the mother was so aggressively sought after with no real “definite” evidence of either abuse, or allowing abuse. In fact, the forty or so reports from five separate agencies actually proved that she took a very active role in parenting and caring for Kelsey in an attempt to protect her from what the courts deemed was an “unknown” perpetrator. Raye-Dawn Smith went as far as to quit her job in order to facilitate and manage all of the agency and doctors visits. How a jury of twelve people ever came to the unanimous conclusion that she was guilty of enabling is beyond reason. Did the jury feel the same pressure from the family and the media that Smothermon felt for four months when he finally decided to charge Raye-Dawn Smith with a crime? Is it possible that they came up with the decision to go with enabling, because the evidence just didn’t support abuse and anyone could be convicted of allowing abuse? Is this jury saying that every parent who has had the misfortune of trusting their children’s life, safety, and happiness to a person who took advantage of that trust, is guilty of enabling the abuse that harmed their child? Raye-Dawn Smith unknowingly brought a pedophile into her home and trusted him with her child’s life, for that she will live with a guilt that no court or prison term will erase nor compare to. This conviction is defiantly worth taking a deeper look into to determine whether or not justice has truly been served.
Raye Dawn: This was a conspiracy against me Crosspost from Shawnee News Star By Kim Morava Staff Writer "I have always felt this was a conspiracy against me," were among the words of Raye Dawn Smith in a report from jail recently, where the mother convicted of enabling child abuse in her toddler's death awaits formal sentencing.
Smith, 27, was found guilty by a Creek County jury July 18 in the Lincoln County case involving Kelsey Smith-Briggs. The jury recommended Smith serve 27 years in prison. Sentencing is set for Sept. 10.
The statement from Smith, written Aug. 2, was part of a pre-sentence investigation conducted by the Oklahoma Department of Corrections. In that report filed Thursday, Smith said she didn't hurt Kelsey and didn't "sit back and let it happen." Kelsey died Oct. 11, 2005, at her home in Meeker after months of suspected child abuse. In addition to feeling like her case was a conspiracy, Smith wrote for the report, "I also believe that there are people guilty of things running free." Smith said, "This entire ordeal has been ongoing far too long and I have never been treated like a mother who lost her daughter. I did everything I knew possible to do." Her ex-husband and Kelsey's stepfather, Michael Lee Porter, 27, pleaded guilty in February to enabling child abuse and is now serving 30 years in prison. At trial, Smith never testified, but her defense attorneys contended Porter sexually assaulted and killed Kelsey. In the report, Smith said, "If I could've seen into the future, I never would've dated Mike Porter." Smith also said she never thought Porter would hurt Kelsey. "If I would've thought that, I would've ran with her and left everything else behind. Then I would have turned him in," she wrote. "Kelsey was my best friend in the entire world and it hurts so bad for people to say the things they do." Smith and Porter have a son, Blaine, age 1, who was born six months after Kelsey died. Blaine is currently in DHS custody with foster parents who are part of Smith's family. "I would love to be able to seen my son and one day try to live a normal life again, although I will never see my beautiful daughter again," Smith said. The report outlines the background of her case, along with statements made by Kathie Briggs, Kelsey's paternal grandmother, on behalf of Kelsey. There's also background information about Smith's life, from where she was born and raised, to her education, places of employment and marital history. She and Kelsey's father, Lance Briggs, divorced before Kelsey was born. While being interviewed for the report, Smith continuously said, "I don't understand," the report shows. She also said she felt those on Kelsey's paternal side were the ones hurting Kelsey. Looking back now, she said it's "easy to say shoulda, coulda, woulda. "Nobody cares about how I was feeling or going through at the time when I was trying to get her (Kelsey) back," she said. Smith's mother, Gayla Smith, was interviewed for the report Aug. 7, where she said Smith "was too trusting, too naive, like the rest of us," referring to Porter. She also had harsh words about the jurors who want her daughter behind bars for 27 years. "It was an inbred jury," Gayla Smith said in the report. "Evidently, they had their minds made up before they went in there. The jury has no idea who she was. They do not know our family." The PSI report shows that if Smith were granted probation, she would go back to her job as a customer service manager at a grocery store and attend some type of counseling. She also told the interviewing officer that she wants to write a book and spend time with her family, including her son, if allowed. She also wants to learn public speaking and talk to others about marrying the wrong person. "I feel like I have to do this," she said. DOC officials recommend that Smith's sentence should follow the jury's recommendation, but ultimately, it will be up to Lincoln County District Judge Paul Vassar. He can't add years to the jury's suggestion, but he can suspend all or part of it. Smith's family is currently working to raise $25,000 to pay for an appeal. They've even established a Web site, www.freekelseysmom.com, where they've already received $4,000 in donations. Watch for part two of this story in Sunday's edition, which will include the final findings of the pre-sentence investigation.
An
Obsession "Con"tinues Article can be found at www.usobserverok.com
Kathie Briggs:
Still Pulling the Levers The US~Observer believes that ALL evidence and documentation relating to the Kelsey Smith-Briggs' case should be unsealed and published. The Ryan Luke Law demands it and now that Raye Smith's trial is concluded there is no justifiable reason to circumvent this landmark law. By doing so the public has the opportunity to see both the real evidence and the lack of evidence to support the vindictive and careless accusations of the Briggs family. Kathie Briggs now claims, "I am no longer obsessed with Raye, she is in prison." Briggs' statement shows the public the direct correlation between Kathie's "obsession" and a desire to see Kelsey's mother behind bars. Yet, neither evidence nor justice comes into play. Kathie has only recently begun to transcribe and publish the OSBI interviews with Michael Porter (step-father) and Raye Smith (Kelsey's mother). Her actions beg many questions. First and foremost, "How did the Briggs come to possess these documents?" Originally, only four entities had copies: the OSBI, District Attorney Richard Smothermon, Michael Porter's attorney and Raye Smith's attorney. Being non-public records the OSBI would not have handed them over. Smith's attorney did not hand them over. This leaves only DA Smothermon and Michael Porter, who we know spent over two months after his arrest for the murder and sexual assault of Kelsey talking and meeting with the Briggs. It's unlikely that Porter would have given them to the Briggs as his interview with the OSBI sharply conflicts with what he tells Kathie in the dozens of intimate emails they shared. Additionally, we are left asking, "Why take the time to transcribe and publish them now?" Briggs claims her obsession with Smith that went into full swing in December of 2004 had finally come to an end with Smith's incarceration in July of 2007. Briggs has had these documents, so why distribute them after the case has been tried and her obsession is over? Finally, we have to ask, "Why publish them incomplete?" Why only print parts of Porter's interview? What is Briggs afraid the public will see? Why continue to share only portions of records while disregarding and omitting others? Just as with dozens of emails with Porter we are being told to only listen to the latest explanation being spouted from the figurehead. Yes, pay no attention to the woman behind the website. No doubt, she will quickly type out the omitted portions after the full versions are publish here and couple it with a glazed explanation. In an effort to see the full and unedited documents regarding Kelsey's case publish we are now seeking to make all of the OSBI interviews available to the public, starting with Michael Porter. Although we have been unable to discover the source of these documents, we have been able to substantiate their authenticity. The following are four PDF files amounting to 160 pages:
Michael Porter OSBI Interview Pages 2-49
(2.89MB)
Crosspost from Shawnee
News-Star
Web-Posted Aug. 03, 2007 03:57: PM Kelsey died Oct. 11; her stepfather faces first-degree murder charges in her death. After her arrest, a deputy escorted Raye Dawn (Smith) Porter, 26, from the sheriff's office to the courtroom where she was formally charged as many of her relatives walked alongside her through a flurry of TV news cameras and media attention.
In count one of enabling child abuse by injury, Raye Dawn is accused of "causing, procuring or permitting a willful act of child abuse" and by authorizing or allowing for the care of Kelsey by someone when she reasonably should have known that the child would be placed at risk of abuse. In a second count of child neglect, she is accused of neglecting to provide adequate supervision of Kelsey between March 2003 and Oct. 11, 2005, the filing states, for failing to seek prompt medical attention and for operating a car while under the influence of an intoxicating beverage with Kelsey as her passenger. Both charges can carry penalties of life in prison. The arraignment Special District Judge Dawson Engle presided over the arraignment in a packed courtroom. Members of Raye Dawn's family, along with Kelsey's father, Lance Briggs, and members of his family, were present. Addressing both sides of the family, Judge Engle said the arraignment was being held to set a bond and the next court date. He said there were reports from sheriff's deputies of some issues between Raye Dawn's family and the Briggs family. "There's no need to let your emotions get the best of you," the judge said. "I understand there's hard feelings. There's no need to lose your cool and turn a simple proceeding into something different." He said a bond amount would be set to ensure Raye Dawn's appearance at her next court date, not to keep her behind bars. "As she stands here today, she stands innocent," the judge said. A not-guilty plea was entered for Raye Dawn; her next court appearance was set for April 14. Her attorney, Steve Huddleston, said Raye Dawn has cooperated with the investigation. She also is pregnant and due to deliver in six weeks or less, he said. Her mother, Gayla Smith, testified that Raye Dawn lives with her in Oklahoma City and that she would make sure Raye Dawn appears in court. Huddleston asked that bond be set at $20,000 for the enabling child abuse count and $5,000 for the child neglect charge. "She's not a flight risk," he said. "She's cooperated... she's not going anywhere -- she's pregnant. That's a reasonable amount."
District Attorney Richard Smothermon, who announced Thursday that these charges would be filed after four months of investigation into Kelsey's case, left bond at the judge's discretion.
Judge Engle said both counts carry up to life in prison. "You look at the gravity of the offense and the range of punishment," the judge said. "As the range of punishment increases, bond increases because of the likelihood of flight." "But I do have to give Mrs. Porter credit," he said, saying she's stayed in Oklahoma with her family. "She's hired counsel and has responded to a divorce case recently. I have not seen evidence that she intends to run. I think $25,000 bond is reasonable." The judge was referring to the divorce proceeding between Raye Dawn and Michael Lee Porter, 25. They were married April 18, 2005. He filed for divorce from Raye Dawn soon after he was charged in Kelsey's death. Kelsey died from blunt force trauma to the abdomen. She was living with Raye Dawn and Michael Porter at their rural Meeker home when Kelsey was injured. Kelsey and her mother also had been at the center of extensive child welfare involvement since January 2005 because of suspected child abuse. Kelsey lived with both her maternal and paternal grandparents while child welfare workers investigated possible abuse, then Kelsey was returned to her mother's custody in June 2005. Michael Porter is out of jail on a $1 million bond. His preliminary hearing is scheduled in April. Several conditions to Raye Dawn's bond were stipulated, including supervision through Oklahoma Court Services, which also includes random drug testing at their discretion. The charges against Raye Dawn, filed with the last name of Porter, also will be amended to change her last name back to her maiden name of Smith, based upon a filing in her divorce case with Michael Porter. Reaction After the hearing, Raye Dawn posted bond while several members of her family waited outside. Rachelle Smith, Raye Dawn's sister, said Raye Dawn "was a great mother" to Kelsey. Raye Dawn's cousin by marriage, Bill Heath, was happy with the outcome of the bond hearing, saying the judge focused on the presumption of innocence being maintained. He said Raye Dawn's cooperation with child welfare services has been impeccable. "It's nice to be in a court of law rather than a court of public opinion," Heath said. Many of Raye Dawn's family members said the charges against her were filed because the district attorney was "pressured." But Smothermon had said Thursday, "my office does not file charges based on public opinion ... we file charges when and if we get the evidence we need to proceed." Huddleston said Raye Dawn disagrees with the allegations that she knew about the abuse to Kelsey. But, he said, the charges indicate "she had no direct involvement with the death of her child," Huddleston said. "We have fully cooperated with the investigation in this case. The Smith family intends to keep cooperating," Huddleston said. Huddleston said Raye Dawn has been under remarkable pressure and scrutiny over the recent months, saying he's seen a lot of tears. For Kelsey's paternal family members on Lance Briggs' side, Friday was an emotional day as well. "I'm glad she's going to be held accountable," said Jeanna Fowler, Lance's sister and Kelsey's aunt. "I've been told the wheels of justice turn slow. There's definitely truth in that, but this is one step in the long journey." Lance's other sister, Shirica Howard, talked about Kelsey. "When I think of Kelsey ... I think spunky and ornery," she said. "She was full of life." She's often reminded of Kelsey through images, on everything from TV news to "Justice for Kelsey" stickers on vehicle windows. "Some days that brings me joy and lightens my day. On others, it breaks my heart," Howard said.
Following a nearly three-hour preliminary hearing in Lincoln County District Court, Special District Judge Dawson Engle determined there was enough evidence for the case to go forward. Five witnesses, including a doctor and Smith's mother, testified, with a Department of Human Services case worker spending the most time on the witness stand. Kelsey died Oct. 11, 2005, of suspected child abuse. The official cause of death was blunt force trauma to the abdomen.
District Attorney Richard Smothermon and Assistant District Attorney Pattye High questioned witnesses for the prosecution, while Smith was represented by Oklahoma City attorney Steve Huddleston, with assistance by attorney Timothy Henderson.
The state's first witness was Stephanie Fritz, a Sears Portrait Studio manager. She testified about a picture taken of Kelsey at the studio. The photo, determined by sitting numbers as being taken between Sept. 25 and 27, 2003, showed some type of bruise or marking above Kelsey's waistband. Fritz testified that because of lighting at the studio, the mark wasn't a shadow in her opinion. During cross-examination by the defense, Huddleston inquired about lighting issues and had questions about her bias and credibility. That testimony included Fritz saying she has known Kathie Briggs, Kelsey's paternal grandmother, for seven years, and that Fritz also has a "Kelsey's Purpose" memorial sticker on her vehicle. Smith's mother, Gayla Smith, testified next. Smothermon asked her about the photograph taken in 2003, with her testifying it was taken while her daughter was Kelsey's primary caretaker. She also testified that Smith and Kelsey lived at her home in Meeker during that time where many people were present on a given day, from other relatives to workers handling a construction project. Unity Health Center Emergency Department physician Dr. Carl Griffin answered questions about treating Kelsey when Smith took her to the emergency room on Jan. 10, 2005. Kelsey couldn't raise her arm above her shoulder; Griffin testified Smith said the child had fallen out of her crib. The diagnosis was a broken right collar bone. Dr. Griffin saw Kelsey in the ER again on Jan. 14, 2005. This time, Kelsey's stepmother, Ashley, father Lance Briggs and paternal grandmother, Kathie Briggs, brought her in after finding bruises on the child soon after she arrived from Smith's care for a weekend visitation, testimony indicated. The doctor said Kelsey had numerous bruises on her face, ear, buttocks, back and thigh that apparently weren't there during the ER visit four days earlier. Because there was a possibility of child abuse, Dr. Griffin said he left orders for the nurse to contact DHS and police. "We always err on the side of the child ... and let police investigate," he said. "That's their job, not mine." When Huddleston cross-examined the witness, the doctor did say the collar bone is the most injured part of the human body. Ashley Gober, now the ex-wife of Lance Briggs, testified briefly about having Kelsey that weekend and finding the bruises while giving her a bath. DHS intake worker Kristal Johnson spent the most time on the witness stand, answering questions about different referrals made to DHS because of bruises on Kelsey and the processes that followed. While the testimony was in-depth and tedious at times, Johnson said DHS was watching Smith because of Kelsey continually getting bruises while in her mother's custody. Her testimony included Kelsey having bruises on various occasions, a sprained ankle and fractures to both legs. While Johnson said Smith had plausible explanations for some injuries, there were many for which she didn't have explanations. Johnson said they were never able to rule out Smith as the perpetrator, although she acknowledged the child was placed with Kathie Briggs for a time, with Smith having visitation, then Kelsey was later placed with Gayla Smith. The child was "going back and forth" with different people, Johnson said. Several times during the hearing, references were made and questions asked about the alleged animosity between the Smith and Briggs families. After clarifications on specific dates, times and other details of custody times, by both the prosecution and defense, High asked Johnson if she had concerns over Kelsey. She said, "Yes." Johnson did testify under cross-examination that Smith cooperated fully with DHS during its probe and did everything officials asked her to do. After that witness, Judge Engle said he'd heard enough to find probable cause to move the case forward to trial. The preliminary hearing was another chapter in Kelsey's case. She was living with her mother and stepfather, Michael Lee Porter, 26, at the time of her death. Smith and Porter are now divorced. In early February, Porter, who was originally charged in October 2005 with first-degree murder in Kelsey's death, accepted an agreement and pleaded guilty to a lesser count of enabling child abuse. He is now serving a 30-year prison term with the Department of Corrections. Smith was first charged in February 2006 with enabling child abuse by injury and child neglect. In March, charges were amended by the district attorney's office to one count of child abuse, or in the alternative, one count of enabling child abuse. Smith, who remains out of jail on bond, is set to appear for arraignment May 4.
Tue July 10, 2007 Smith weeps during testimony about Kelsey's injuries
Testimony in her child-abuse trial began this morning. Smith wept during much of the testimony about the first autopsy of Kelsey Smith-Briggs. She looked down or put her face in her hands as photos were displayed on a large screen about 10 feet from her. The trial judge, Paul Vassar, at one point abruptly called a break as her sobbing grew louder. Kelsey, 2, died at her home near Meeker on Oct. 11, 2005. The state doctor who did the first autopsy testified Kelsey died from blunt force trauma to the abdomen. “It appeared to me that there was more than one impact,” said Dr. Inas Yacoub, who works for the state chief medical examiner. Jurors were shown photos of bruises on Kelsey’s abdomen, face, chest, thighs, legs and right hand, photos of abrasions on her back and a photo of a tissue tear inside her mouth. The doctor said those injuries were recent. The doctor testified Kelsey suffered genital injuries but she said she is uncertain if it came from a sexual attack or a low blow. She said Kelsey also had bruises to the back of her head. Jurors learned during defense questions about the autopsy that a private Indiana doctor had concluded Kelsey was injured from a sexual assault. The doctor made that finding after performing a second autopsy after Kelsey’s body was exhumed at the request of prosecutors. Smith first wept Monday during opening statements as the district attorney told jurors Kelsey was murdered. District Attorney Richard Smothermon told jurors on Monday that Kelsey “was literally beaten to death.” The prosecutor called Kelsey’s death the final chapter in a horrible tragedy and told jurors they will hear about Kelsey’s broken collarbone, broken legs, bruises and other injuries from abuse. “We know the abuse didn’t stop because she’s not here,” the district attorney said Monday. “That day should never have happened. ... (Smith) was either causing the abuse herself or she knew about it and did nothing to stop it.” He said jurors will have to determine what happened to Kelsey in the hours before her death when she was alone with her mother and then her stepfather. The prosecutor said the stepfather, Michael Lee Porter, will testify that “he witnessed on numerous occasions this defendant abusing Kelsey and he did nothing to stop it.” Porter, 27, is expected to testify this afternoon. Smith, 27, is not charged with murder. Instead, prosecutors want jurors to find her guilty either of child abuse or of enabling child abuse. If convicted, she faces up to life in prison. Porter, her former husband, was charged with murder and child sexual abuse but pleaded guilty only to enabling child abuse. He is serving 30 years in prison. Smith’s attorney, Steve Huddleston, told jurors Monday that Porter was responsible for Kelsey’s death. He said Smith now realizes she made a horrible mistake to marry him. They are now divorced. He said Smith did not abuse Kelsey and did not allow anyone else to abuse the girl. “She loved her daughter and her daughter was her life,” the defense attorney said. He told jurors Smith was wrongly blamed for earlier injuries to Kelsey because of the longstanding animosity between Smith’s family and Kelsey’s father’s family. He said Kelsey was in the middle of two families making accusations against each other while “Mr. Porter stood in the shadows.” Smith and Kelsey’s father , Lance Briggs, divorced before she was born. He was returning from military duty in Iraq when Kelsey died. Today, before the autopsy photos were shown, the district attorney spoke with Briggs in the courtroom about what was coming up. Briggs left. Briggs said later that prosecutors had promised to warn him when disturbing testimony was coming. Jurors were selected Monday. The 12 jurors consist of seven women and five men. Nine have children of their own.v They include an Oklahoma Highway Patrol secretary, a remodeling contractor, a retiree, a “stay-at-home mom,” a hospital worker, a chicken restaurant worker and a former counselor at the Tulsa Boys’ Home. They were dressed casually Monday. One man wore shorts and a “Coors Light” T-shirt. A woman wore a T-shirt that said, “Going to My Happy Place. Back Soon.” There were two alternates selected. Creek County sheriff’s deputies provided extra security for the high-profile case. Spectators had to pass through a metal detector from the jail to enter the courtroom. The trial was moved from Chandler because the judge feared publicity about the case would make it difficult to find impartial jurors there.
Day Two: Raye Dawn Smith Trial
Tuesday, July 10, 2007; Posted: 4:51 p.m.(CDT) It was day two in the trial against Raye Dawn Smith, the mother of Kelsey Briggs. The prosecution called their first witnesses today, including Michael Porter. Porter, Kelsey's step-father, is currently serving a 30-year sentence after pleading guilty of enabling child abuse. Porter testified of three incidents dating back to January 2005, where he says he saw Raye Dawn abuse Kelsey. He stated one of those times he witnessed her punching Kelsey in the stomach. He went on to say that he willingly lied to authorities several times in order to protect Raye Dawn. Also testifying, a first responder to the scene the day Kelsey died and a physicians assistant who tried to revive Kelsey. They spoke about what happened from the moment help arrived until Kelsey was pronounced dead at the hospital. The third witness was the state medical examiner who examined Kelsey. She testified about the injuries found on Kelsey's body after her death. The prosecution used several pictures to show the jury the extent of the injuries noted in the autopsy report. The doctor testified that internal injuries to Kelsey's body were likely caused by a localized blow, and not by any sort of fall. She also stated her medical opinion was that Kelsey's death was not accidental, but caused at the hands of another person. After breaking for lunch the court heard testimony from Michael Porter. Porter described in his own words what happened the day Kelsey died, saying he thinks Raye Dawn is responsible. Porter also made it clear that he chose to testify without receiving any sort of deal for doing so. After Porter's testimony the prosecution called two more witnesses before calling it a day. First up, an emergency room doctor who examined Kelsey when she had a broken collarbone, and then examined her again days later for signs of abuse. The last witness of the day was Raye Dawn's grandmother who was asked about the days surrounding Kelsey's broken collarbone.
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