Kelsey Smith Briggs

Jury Got It Wrong

 

By Barry Jon and Ron Lee
Investigative Reporters


Raye Dawn Smith
found guilty by a
jury, not by the
facts.

Bristow, Oklahoma - Every parent who has lost a child to a predator, and every father and/or mother who discovers a daughter or son vanished due to abduction, or was abused by an attacker, now stands to be convicted for enabling that vicious crime. That is what the jury of the Raye Dawn Smith case in Oklahoma must think.

Raye Dawn Smith's two-year-old daughter Kelsey was murdered on October 11, 2005, by her step-father, Michael Porter. Porter is serving a 30-year sentence for enabling child abuse, a plea deal he took after being charged with first degree murder and sexual assault. Instead, he now claims that the mother abused and killed Kelsey, but logic dictates that Porter is lying. After Porter was arrested, he asked that Smith care for his daughter and son. Why would you ask someone who you think just abused and killed their child to watch your own? The District Attorney, Richard Smothermon, even began his interview of Porter on the witness stand by stating, "You know that I believe you murdered and sexually assaulted Kelsey?"

Several months prior to Kelsey's murder, Kelsey had been returned to Raye Dawn Smith's full-time care by Judge Craig Key. This was a result of a long custody battle with Kelsey's paternal family, and in particular Kelsey's grandmother, Kathie Briggs. The custody battle included claims of abuse against Smith by Briggs, but it was proven by Smith's defense that what was charged as abuse came when Kelsey was either not in Smith's care, or couldn't be proven as abuse. In fact, both her legs were shown, according to timelines and expert testimony, to having been broken while in the care of Kathie Briggs. According to the investigating sheriff in the case, he believes Kathie Briggs suffers from Munchausen's by Proxy Syndrome (MBSP). According to emedicinehealth.com MBSP is defined as, "a caregiver who fakes symptoms by causing injury to someone else, often a child ..."

The Department of Human Services (DHS) was heavily involved in the life of Kelsey Smith-Briggs in 2005, and a DHS case worker even saw Kelsey the day of her death. This trained professional didn't ever see cause to remove Kelsey, after her return to Smith's home. So, how is it that Raye Dawn should have? Smith even stated during an interview, "I wish I had seen it coming. Kelsey would be alive today."

The Sensational Kelsey Smith-Briggs' Story

The mainstream media just plain chose to get their facts wrong in reporting this case, and they continue to laundry-list all of Kelsey's injuries as if they happened all at once, when they were actually separate injuries over a period of nine months while Briggs had regular visitation - injuries, all of which, did not occur while with Smith. Most could easily be attributed to a photographic collection of childhood injuries amassed by the Briggs' in an effort of building a case against the mother. As an example of the mainstream media's misreporting, which the Sapulpa Daily Herald article contributed to by the Associated Press titled "Mother found guilty" stated, "She [Kelsey] was found with a broken collarbone, broken legs and bruises on her face and body indicating that extreme abuse had taken place." This is a prime example of inflammatory reporting, which in no way represents fact. Her collarbone was not broken at the time of her death. Her legs were not broken when she was murdered; they were broken while in the care of Kathie Briggs as outlined in Smith's trial. She was never "found" with these injuries, as suggested. The facts are brutal enough and need not be over-sensationalized. In fact, during the trial the DA used a similar tactic and presented three separate sets of pictures of the same injuries that Kelsey received in an automobile accident on August 19, 2005, pictures that have been distributed to document Kelsey’s abuse, but in fact were the result of a hit and run.

The Trial

At one point during the trial, the prosecution offered Raye Dawn Smith a blind plea deal. This is fact. They asked her to plead guilty to spanking Kelsey one time - and through a diaper - with a hair brush, and all other charges of abuse and enabling abuse would be dropped. Raye Dawn refused saying, "I didn't do it; I won't take it!"

District Attorney Smothermon blatantly lied to the jury in his closing statement when he said that Raye Dawn wanted to keep an instance with Michael Porter quiet. Porter had put tape on Kelsey's eyes. Even though this was done as a supposed game, where Kelsey was laughing with numerous other children present and participating, Raye Dawn Smith did in fact report this to the OSBI (Oklahoma State Bureau of Investigation), as she was under so much scrutiny because of Briggs' claims and wanted to report anything out of the ordinary. This intentional lie by Smothermon paves the way for a possible appeal.

During the trial, Reverend Charles Pearcy was brought in as a defense witness. He counseled Smith at the hospital where Kelsey was pronounced deceased. Reverend Charles Pearcy stated that Raye Dawn wanted to see her baby and when he stepped in the room to comfort her, Raye Dawn was sitting alone rocking Kelsey in her arms and talking to her through tears. He also stated that Smith was happy when hearing that there would be an autopsy saying, "I want to know what happened to her." However, Porter failed to comfort his wife even once and kept telling Pearcy, "I think I was too rough with [Kelsey]."

A former Prague police officer, Scott Murrison, also called as a defense witness, recalled seeing Porter beating the bed of a pickup outside the hospital. The former officer testified Porter as saying, "She's never going to forgive me. She's never going to forgive me."

After a two-hour deliberation, the jury found Raye Dawn Smith guilty and suggested a 27-year sentence.

The Fact

This has been an emotional case for all involved. It, however, is unfortunate that emotion outweighed sensibility and logic as the evidence and testimony did not warrant such an outcome. The prosecution failed to prove that Raye Dawn ever abused Kelsey as much as they failed to prove that she ever "willfully" or "maliciously" allowed anyone to abuse her.

The fact is there can never be any real justice when it comes to a child's murder. Their lives are cut short for no purpose. Yet, when reason fails in the face of political and financial gain, it is not simply a grieving mother who finds her life gratuitously destroyed; it is every citizen who finds himself or herself waking in a far more dangerous world, where freedom is taken for the crimes of another.

BLIND JUSTICE

By: The White Rabbit

(This article can be cross posted on sites or in news articles. Help us spread the word of this injustice.)

 

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 the child. 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 doctor’s visits during the time the alleged abuse was being investigated. 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 his or her 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 ever be able to erase or compare. As the mother of a child who was raped by a trusted neighbor, I feel that this conviction is definitely worth taking a deeper look into in order to determine whether or not justice has truly been served. 

 

Following is a statement from a potential juror in Raye Dawn's trial.
 
 
 
I was called for jury duty but not one of the final 12; however, I attended every day because when I found out what the case was about, I had to know what really happened. You see I am vehement when it comes to child abuse and must admit the first 2 days of the trial, (I previously knew nothing of the case nor any of the people concerned on either side....I do not get OK Cy area news where I live) I just had to see what a vile and horrible person Raye Dawn must be and how could she???? Well let me tell you, by the 3rd day of the trial after listening and observing families on both sides and seeing the arrogance and hearing Mike Porter's testimony (he wanted RD to suffer as he was by going to prison).
 I saw and heard all the evidence presented on both sides as well as having the opportunity to mingle outside during breaks with those who were in the courtroom....namely Lance Briggs and his "supporters" ..I saw by his actions each day as he flirted with all the pretty girls and buddied up to the reporters while he strutted around trying to impress anyone who was dumb enough to fall for his act, that he definitely was not there out of love and concern for his darling Kelsey....he could have cared less...

But Raye Dawn was a quiet, scared, nervous girl whose family was steadfastly standing beside her...quietly remaining out of sight rather than jumping in front of the cameras and reporters hungry for news. By the end of the 4th day, I knew in my heart that any grandmother that would put her "beloved" grandchild (I have 3) through the turmoil and pulling back and forth that KB put Kelsey through could not have been truly concerned about the child. I saw proof that the timeline of dates showed Kelsey was with her aunt at the zoo when the first leg was fractured and with g'ma KB when the second one mysteriously came up showing a fracture also. I saw the evidence and testimonies of how while in DHS custody, Kelsey reacted during visits with RD by running to her and hugging her and played happily with her during their visits. When her g'ma Kathie came to visit, she hid and kicked, bit her and ran from her trying to get away.....those actions spoke multitudes to me...what would you come away with after reviewing that? Of course RD didn't want to admit that she might be carrying Lance's second child...after all he had killed the first one with a punch to her pregnant belly! Would you want him to know? DHS was in the home as well as CASA and CHUBS observing RD and Kelsey regularly during the investigations....they never saw any indications of abuse by RD to Kelsey...rather a loving mother trying desperately to keep a jealous grandmother from taking her child away because she had rejected the abusive father of that child. RD had her hands full trying to do anything she could to do whatever was asked of her to keep Kelsey.
 When handsome Michael Porter came alone she was vulnerable and saw him as a knight in shining armor who could help
 Name deleted | 09.02.07 - 8:22 pm | #

 



 

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