Note: Mike and Raye Dawn got married on April 18, 2005. Mike purchased the entire wedding set on the day of the wedding! Donna lied about seeing an engagement ring on Raye Dawn's finger. Raye Dawn says she NEVER had this conversation with Donna or told her she spanked Kelsey with a brush. If Donna lied about this conversation, what else did she lie about? Donna's testimony is what the media quoted from on the news to make Raye Dawn look guilty.

Eugene Snyder's Testimony
Smothermon:    Do you know Raye-Dawn?

Eugene:                               Not personally, I recognize her, I know of her.   

Smothermon:    The summer of 2004 do you recall an incident?

Eugene:                               yes

Smothermon:    Please tell the jury this incident.

Eugene:                               I pulled up to the Rainbow in Meeker. I noticed a commotion in front of the store.                           I walked up there and heard loud yelling. I saw Raye-Dawn was upset with Kelsey and                     was trying to give her a spanking.  Kelsey was naturally trying to sit down and Raye-             Dawn swatted her 3 times.

Smothermon:    How was Raye-Dawn holding her?

Eugene:               She was holding her arm up to keep her from sitting down.

Smothermon:    Do you know Kelsey?

Eugene:                               Yes

Smothermon:    Do you know why she was being spanked?

Eugene:                               I don’t know what Kelsey did. She was crying.

Smothermon:    Then what happened?

Eugene:                               She swatted her 3 times and then they went out to the car. I wasn’t’ too alarmed.           Sometimes people spank their kids to discipline them. But the disturbing part was   when they got in the car she took her and tossed her over the front seat of the car to                         the back seat. Then I asked the lady at the store what that was all about.  It was really                          disturbing.

Smothermon:    Did you tell police?

Eugene:                               No

Smothermon:    Are you aware I made a plea to the public to come forward, if anyone had any information about this case?

Eugene:               I didn’t really know.

Smothermon:    When Kelsey died did you think it was important enough to go to the authorities.

Eugene:               Yes. I kind of did.

CROSS EXAM – HUDDLESTON

Huddleston:       This was late in the summer 3 years ago?

Eugene:               yes

Huddleston:       You knew who Kelsey was, how?

Eugene:               I knew the Smith family.

Huddleston:       Did you ever do small engine repair?

Eugene:               Yes I shared a building with Ray Smith, Raye Dawn’s father.

Huddleston:       Is it true you were kicked out for stealing and embezzling?

Eugene:               No sir that is a complete lie.

Huddleston:       Did you know Michael Porter?

Eugene:               No sir.

Huddleston:       But your friend Paul was defending Michael Porter for sexual abuse?

Eugene:               Correct

Huddleston:       Okay, so I’m confused. Where do you say this took place in front of the store?
Was Raye Dawn in the store?

Eugene:               In the store, kind of right in front of the doors.

Huddleston:       What was Raye Dawn wearing?

Eugene:               I don’t’ remember

Huddleston:       You don’t remember?

Eugene:               I can remember what the little girl was wearing. She had on an orange and white jumpsuit. They were in front of one door and I went in another.

Huddleston:       So you passed them within inches?

Eugene:               Yes.

Huddleston:       Did you stop?

Eugene:               yes. I stopped and watched her spank Kelsey.

Huddleston:       Did you say anything?

Eugene:               No

Huddleston:       Who else was there?

Eugene:               Lots of people.

Huddleston:       So you went to the counter?

Eugene:               yes

Huddleston:       So is it likely you had your back to the door?

Eugene:               No I turned with my back to the counter and just watched.

Huddleston:       And what did Raye Dawn say?

Eugene:               I don’t know what she was trying to do. Raye Dawn carried her out because she was trying to sit down and Raye Dawn threw her over the seat.

Huddleston:       But you didn’t do anything?

Eugene:               The spanking didn’t seem that unusual. I’ve seen kids get spanked.

Huddleston:       So the spanking doesn’t bother you?

Eugene:               That’s a matter of people’s opinion these days.

Huddleston:       What kind of car was she driving?

Eugene:               Red as far as my memory serves me, a 2 door car.

Huddleston:       Foreign or American?

Eugene:               American

Huddleston:       So, you can vaguely remember the color but you can remember it was American?

Eugene:               That’s the best I can remember.

Huddleston:       So what did you say Raye Dawn did?

Eugene:               Raye Dawn carried her out with one hand under each arm and then slung her over the seat, kind of like launching her. But the little girl popped back up. I don’t think she was hurt.

Huddleston:       So with one hand under each of Kelsey’s arms she was able to open the door and then sling her over the seat?

Eugene:               Correct

Huddleston:       So you were going to be a witness in Michael Porter’s case?

Eugene:               I was on the witness list.

Huddleston:       Are you the only one on this list that saw the event?

Eugene:               I know other people saw it but I don’t know if any of them are here.

Huddleston:       Did you hear Michael Porter took a plea deal and got 30 years for enabling child abuse?

Eugene:               I heard he took a plea deal.

 

REDIRECT FROM SMOTHERMON

Smothermon:    Do you know Michael Porter?

Eugene:               I don’t know him

Smothermon:    So you are not here to help Michael Porter?

Eugene:               No sir.

Smothermon:    So it’s not fair?

Eugene:                               No it’s not fair; I’m not here to help anyone. I am here to tell what I saw.

PROBLEMS WITH THIS TESTIMONY

1.    Eugene says that he didn’t know Raye-Dawn personally, but when asked if he knew Kelsey he says “yes”.  How is that?  If he didn’t know her mother, didn’t know Porter – how would he have gotten to know Kelsey – he says this was in the summer of 2004 (August) so she was 20 months old – how or why would this man “know” a 20 month old?  

This is a CLEAR VERBAL CUE OF DECEPTION.

2.    Eugene could remember that Raye-Dawn allegedly swatted Kelsey 3 times, could remember what Kelsey had on, could remember the color of the car, that it had 2 doors could and that it was American – but couldn’t remember what Raye was wearing?  This is a remarkable recollection after nearly 3 years.  Probably the only thing that Smothermon didn’t coach him on was Raye-Dawn’s outfit that day!!!

This is what good WITNESS COACHING will get you.

3.    Eugene used to work at the same place as Raye-Dawn’s father’s place of business.  Eugene got caught making up fake engine repair tickets to acquire more money (stealing) and Raye kicked him out.  Ray Smith was an easy going guy and never called the police or made a report, so this is all an accusation, however it all seems to answer some questions.  This man did NOT come from out of the blue.  He was going to testify in Porter’s trial, for the defendant.  He was a good friend of Porter’s attorney. 

4.    Probably the MOST alarming thing that is not pointed out is that the Prosecution tried to let the jury think that Rachelle drives a Red Eclipse.  However, they never discuss or ask if she drove that same car 3 years ago!!  Back when this incident supposedly occurred, Rachelle was only 18 and obviously had not graduated high school yet!!  According to the Smith family, they sold the car prior to Ray’s passing (April 2004) – no one in the family, including Rachelle or Raye-Dawn owned a RED CAR in August of 2004.  The person he saw at the rainbow, either didn’t exist, or it wasn’t Raye-Dawn. This witness’ testimony is completely FALSE and MISLEADING.

5.    Also it was summer time – so Rachelle was NOT in school.  She said that visiting Raye AFTER SCHOOL was an everyday or every other day activity.  So this was obviously LATER in the year…at least September!!!  Still NO RED CAR!!

6.    Gayla Smith has the sales receipt for the RED ECLIPSE, she sold it to a kid in MEEKER – it is packed away but as soon as she finds it we will post a scanned copy.  Look for it soon in our EVIDENCE section!

Kathie's 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 to                                  introduce 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. I’ve 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 son’s absence.

NOTE:                   Kathie Briggs was NEVER Raye’s 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.

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, let’s 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.

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 Kelsey’s diaper during that time?

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

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 didn’t call us.

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:     That’s 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 couldn’t 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 she’s 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.

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?

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?

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:    That’s 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 Rachelle’s 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, that’s 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 because                                 she was so curious.
Smothermon:    No bruises?

Kathie Briggs:     No.

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 eye                                                  infection.

NOTE:                   I wonder if the scrape on her hand came from the dog or the cat bite Kelsey received while in Kathie’s 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 didn’t 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 Kathie’s 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.

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 Dawn’s 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 don’t 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, that’s why she asked for additional visitation, and when she didn’t get it she hired an attorney. Yet Lance sure seems to be there a lot. In fact, Lance was home almost every weekend and often during the week until May, 2005 and he was MAYBE in Iraq until late August, 2005 or early September, 2005. We know he was in a mental hospital in Georgia in September, 2005. We've heard two reasons for his mental hospital stay from his sister: 1) He was getting treatment for his addiction to pain pills or 2) He was upset over Ashley leaving him. If Kelsey was being abused as the Briggs claimed, wouldn't that have upset Lance more than his wife leaving him? Lance was in Shawnee on the date of at least one of the custody hearings for Kelsey. A DHS worker spoke with Lance on one occasion when he claimed Kelsey was injured and he was driving around Shawnee with Kelsey with him, but he didn't have time to take Kelsey in to DHS. He never made time to meet with DHS regarding the welfare of his daughter. Why? *****See the bottom of this page for an email from Shirica stating that Lance was in the hospital because his wife left him.

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 doctor’s 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 wouldn’t walk?

Kathie Briggs:     No it was as if she was a toddler learning to walk, she wouldn’t 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 didn’t think so. But when I asked Kelsey who bit her she said, “Kelsey did it.”

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 didn’t want to get in the cart and she took four steps and said “can’t”. 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 wasn’t 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 didn’t 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 Kelsey’s nature “could” occur from falling in a hole.  Is this a coincidence that both doctors would use this analgy?

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 didn’t take her when she refused to walk, and now didn’t 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.

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 Dawn’s 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 didn’t 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 didn’t think that would even be an option.
Monday was her great grandmother’s 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 Kelsey’s 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 she’s going into DHS custody.

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.

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.

Smothermon:    So then you go to court in May?

Kathie Briggs:     For the show cause hearing.

Smothermon:    And what is the visitation schedule?

Kathie Briggs:     Gayla has her full time and each side gets visits 4 hours a week at DHS. Sometimes we did one hour at a time, back to back.

Smothermon:    How is your relationship with Raye Dawn now?

Kathie Briggs:     I don’t believe we’ve spoken to each other since May.

NOTE:                   But Kathie just testified that she wasn’t aware of any animosity, before Kelsey passed away.

Smothermon:    But how did you think all of this would work out?

Kathie Briggs:     I was very confident the judge would come to the conclusion that I didn’t do anything wrong, especially because DHS did not remove any of my other grandkids who were living in my house at the time.

Smothermon:    But that’s not what happened?

Kathie Briggs:     No.

Smothermon:    You went back to court on June 15th?

Kathie Briggs:     Yes, and Kelsey went home with Raye Dawn.

Smothermon:    So on that day the judge dissolved the guardianship and adjudicated her deprived?

NOTE:                   Smothermon’s office and associate the Assistant DA AGREED to this arrangement, and then in September, agreed to remove all services from Raye-Dawn’s home.

Kathie Briggs:     Yes.

Smothermon:    Basically she went home with her mom?

Kathie Briggs:     Yes.

Smothermon:    So from June 15th, 2005 through October 11, 2005 you were basically left out of the equation?

Kathie Briggs:     Yes.

NOTE:                   Kathie and Lance were both sent letters from DHS describing the investigation of abuse and they were both listed as possible perpetrators of the abuse. That is WHY they were not given visitation. Kathie didn’t fight for visitation, like Raye=Dawn did, when she lost custody in January!! 

Smothermon:    On August 27th DHS arranged for Ashley to have a 5 hour visit and you saw her at that time?

Kathie Briggs:     Yes, we were all allowed to see her.

Smothermon:    And what did you see?

Kathie Briggs:     She had lost weight, she had bruises on her face, retinal eye hemorrhaging, she looked like she had just lost her spirit.

NOTE:                   Kelsey was in a car accident just 8 days prior to this visit.  The bruises in the photos came from the accident.  The Confidential OCCY report, mentions the accident, that it was not the fault of either parent and that they reviewed the police report, to establish the report.  Additionally, Raye-Dawn called and reported the incident immediately the next morning. The Briggs tried to call in abuse, but the calls were SCREENED OUT.  Those photos SHOULD NOT HAVE BEEN ALLOWED in the case, because they did NOT SHOW ABUSE. Period.

Smothermon:    Was any offer made for you to see Kelsey again?

Kathie Briggs:     No.

Smothermon:    And you opted not to go to the one hour visit with Ashley at DHS correct?

Kathie Briggs:     Yes, because of some of the things DHS had previously written about me during the supervised visits at DHS that were not true. And I wanted Ashley to have that hour to bond with Kelsey.

Smothermon:    So you saw her for three hours on the 27th and that’s the last time you saw her?

NOTE:                   Smothermon’s office approved the STOP OF VISITATION with the paternal family, at Dr. Koons’ request, to study the seizures (possible night-terrors)

Kathie Briggs:     Yes.

Smothermon:    How did you find out she died?

Kathie Briggs:     A friend from the beauty shop called and told me Kelsey was at the hospital and may have had a seizure. So I called the CASA worker and she told me that she believed Kelsey had had a seizure. Then she called back and told me Kelsey didn’t make it.

Smothermon:    Did you go to the hospital?

Kathie Briggs:     No. I knew we were not welcome. My mother and father in law went to the hospital but they were told to leave.

NOTE:                   WHY? Why would you not go to the hospital? Who would give a crap if they were welcome or not!!  You get your butt out and get to that hospital!!

Smothermon:    So you never saw her between August 27th and her funeral?

Kathie Briggs:     We didn’t have an open casket so I never saw her again.


 

Cross Examination-Huddleston

Huddleston:       So in your testimony you tried to tell me that there were no problems between the Smith and the Briggs family?

Kathie Briggs:     On August 15, 2004, the Smith and the Briggs family went to a birthday party, there were no problems.

Huddleston:       You’re not saying there was no animosity between the families before January of 2005?

Kathie Briggs:     Just typical divorce stuff because Raye and Lance had gotten a divorce.

Huddleston:       You have a large family, daughters, grandkids, are you saying no one in your family said bad things about the Smith family?

Kathie Briggs:     I have not created any kind of havoc with them.

NOTE:                   Dozens of emails between the suspected murder and rapist of your grandchild telling him that you want Raye-Dawn arrested for murder and in prison, is no havoc??

Huddleston:       No animosity? How about the rest of your family?

Kathie Briggs:     Not that I’m aware of.

NOTE:                   She was fully aware that both Jeanna and Shirica were in email contact with Michael Porter, and they were all “addicted” (that was Kathie’s statement) to the “bash-board”, a forum that was used for the sole purpose of bashing the Smith Family, and meant to “draw” any of the Smith’s out for information. This is COMPLETELY FALSE!! 

Huddleston:       Ashley said there was animosity?

Kathie Briggs:     We were a typical divorce type family.

Huddleston:       You would agree Raye Dawn and Lance had a rocky marriage?

Kathie Briggs:     Yes.

Huddleston:       Lots of situations?

Kathie Briggs:     Yes. But I did not have anything against Raye Dawn or her family. I babysat Kelsey all of the time. She stayed at my house over night.