Frequently Asked Questions
Kelsey's death and the months leading up to it are confusing and there are many twists and turns. It's not as simple as some like to make it seem, and the person who committed the crime has been given a plea bargain. Therefore, he isn't sharing what he actually did to Kelsey while Raye Dawn went to pick up his daughter from school.
Many have questions and we're willing to answer whatever questions we can. Some questions have multiple answers as we all view this case differently. Many will be taken from the forum.
We're not the Smith family. So unless we have a document to obtain information from, some of the answers are speculation or opinion. These answers should be taken as opinion, unless a specific document is mentioned. Our bits and pieces of knowledge put together are helping piece the puzzle together one piece at a time.
There is more information regarding the case and the trial that have not yet been made public.
Q - Why didn't Raye Dawn divorce Mike Porter after Kelsey's death? Why did Mike file for divorce before Raye Dawn?
A -
by Hope - The divorce petition was filed on October 24th by MP's
attorney. The warrant for MP's arrest was signed on October 20th.
Divorce papers usually aren't drawn up and filed on the same day.
Looks to me like MP was already preparing his defense (maybe before
he was even arrested), while RD may have still been grieving the
death of her daughter...only 13 days prior to the divorce petition
being filed.
The Chief Medical Examiner did not report that the injuries that
killed Kelsey were recent (no clotting) until October 19th, the
warrant was drawn up the 20th, notarized the 21st, and divorce filed
the 24th. I don't know. It does seem as if MP was preparing to
launch a "Raye did it" defense pretty early on.
A - by Truth Seeker - Raye Dawn thought Kelsey had a medical issue and had another seizure. She didn't think Mike murdered Kelsey. She thought Kelsey died of whatever health problem she was suffering from and she thought after they said it was murder that it was an accident and Mike was trying to save Kelsey. She didn't think Mike had abused Kelsey, so why would she automatically assume he murdered her?
A -
by Hodsoncm - I got this straight from RD's family:
Mike Porter filed for divorce for a single reason, his attorney
told him to. it helped him to look "better' and made Raye-Dawn
look "bad' for not filing first.
Raye-Dawn was still trying wrap her heart around the fact that
she had just buried her baby girl - let alone the FACT that her
husband, and the father of her unborn child, murdered Kelsey and
sexually assaulted her.
Raye-Dawn said that the news ran with the story when Mike Porter
wanted a DNA test on the baby (unborn) - anything to make her
look bad, OH but when the results came back 99.999% they never
reported a DARN THING!!!
Anytime that something
would or could clear Raye-Dawn, somehow that didn't get
reported!!!
Then there was a news report that they RAN with stating that
Blaine was born addicted to ALCOHOL - they did that report
let the public know that the tests were being ran, but
wouldn't you know it - when the tests all came back NEGATIVE
- there was no report!!!....
The media was VERY GOOD at planting the seed, after that
they didn't seem to care what "grew from it"...
Sadly, now in prison away from the media and away from the
Briggs - Raye-Dawn is just now able to feel the "gravity" of
losing Kelsey. Only now is she able to even begin to
comprehend the fact that her daughter was murdered!!!
Her strength continues to amaze me. She gives me hope in a
truly bleak situation!!
Q - I have just started reading about this case. I am having a hard time understanding how a mother couldn't have noticed her daughter being abused? It just doesn't add up or make sense to me. I am not saying that she didn't or did, but I have read tons of articles on this site and many others, and not one have proved that she didn't know. They keep blaming the grandmother but the fact is, the grandmother was right from the beginning. I just would like someone to explain to me the reason Raye Dawn didn't question what was happening to her daughter.
A - by Unspoken - She did question it, that is why she took her to doctors trying to figure out what was going on. As for her blaming the grandmother, the grandmother, in my opinion was wrong. She never once went to Raye and said, "hey, we need to work together to figure out what is going on. You say it isn't you, it isn't me, so lets work together". No, she just kept turning in allegations.
When a person is CONSTANTLY going to court and through DHS to see her child, fight for her child and CONSTANTLY questioned about her child, I can assure you, there isn't anything left emotionally to draw on to figure anything out. She was constantly in the "defending herself mode".
When exactly was she
supposed to have known it was MP? Even Porter's daughter
said Porter was mean to Kelsey "WHEN NO ONE WAS AROUND" and
that she (his daughter) was to keep her mouth shut. Doesn't
that say, "hey, he was a totally different person when no
one was around"?
You say "not one has proved that she didn't know", well "not
ONE has proved that she DID know either", has it? You assume
you would know who, but when a child is being taken from one
home to the next and then to sitters, how on earth do you
think you would know who was doing what? She knew she wasn't
doing it, that would leave at least 7 people that I can
think of at the top of my head, not including aunts, uncles
and external people in her life.
A - by Nicks Momom - You say you've read
tons of articles? Have you read Judge Key's book? Have you
read the US observer? If this case was a simple case of a
loving grandmother making a phone call about abuse that was
ignored, we wouldn't be here!
Are you aware that Kelsey's leg injury happened while in the
grandmother's custody? and she herself was not ruled out as
a suspect? Unfortunately there are a list of circumstances
that led up to the final day of Kelsey's life.
If you have read as much as you say, you would already know
there is NO proof RD abused or allowed Kelsey to be abused.
Why are you here? if you believe Kelsey grandmother is right
all along PLEASE go to her web site and join the "we were
right party" and allow us here to find out the truth of what
happened in Kelsey's life!
A - by Karen71 - It is easy for us to say "how could she miss the signs". I don't think she did, she was just so distracted by the craziness around her, that her focus was on keeping Kelsey. Raye did everything they asked of her and then some. Maybe instead of the Briggs and Smiths being against each other they should have joined together for the good of KELSEY, but that did not happen. In the case unfortunately right or wrong does not bring Kelsey back, but if we can actually find the truth we can help those left behind, and then Kelsey will finally be at peace.
A - by Hodsoncm - I would like it if you would visit our FACTS page, there we have a list of every document that we can possibly put out there at this point.
You
will find a "synopsis" of all of the care that Raye-Dawn sought
for her daughter from the time she was placed back into her home
in June to the time she died.
Raye didn't see it, CHBS didn't see it, CASA didn't see it, DHS
didn't see it, Dr. Koons didn't see it, the professionals at the
Cancer Clinic she took Kelsey to didn't see it. How was Raye
supposed to?
Oh, yeah she was her mother and she should have known. That is
the oldest excuse in the book.
I bet not a day or night goes by that she doesn't think the
SAME THING!! I know I feel guilt for not knowing that my
daughter was raped right under my nose, by someone that I
trusted.
There was NEVER a time when Kelsey wasn't seen by a DHS worker
or a Dr. longer than 18 days from June to October. On average
she was seen no less than every 3-7 days by DHS or a physician,
and they didn't see it -
They are TRAINED PROFESSIONALS and it is their JOB TO SEE IT!!!
Yet, you want to place the blame on the one person who bent over
backwards driving her baby 50 miles one way to several different
clinics every 3 or 4 days?
I think that the evidence
proves that it was OBVIOUS that Raye-Dawn didn't know what
was wrong with her daughter, that was why she was so
diligent in trying to get the proper care for her.
A - by Layna - In response, read the correct documentation, not what you have read on Kathy's Purpose. You stated that it turned out that "the grandmother turned out being correct". That is not true. The "grandmother" continues to state that RD is guilty of child abuse. She is not. Look at all the facts. Kathy was referred to as "white trash" previously. She probably is enjoying her following and attention due to the fact of no attention previously. It makes her feel important. Some people are BENT on hurting others and getting revenge and always having the "last" word. Before Kelsey died it was Kathy's purpose to have the "last" word by trying to get Kelsey from RD. She did not like her for some reason. It might of been that RD had exposed her son for what he was. Parents don't want to think it could possibly be their own child at fault. In calling DHS continuously she was working a plan. I can see how she is twisting the facts now so it is entirely possible that she twisted the facts then to get the "last word" (get Kelsey). I feel that Kelsey was getting abuse (in different ways) from Kathy and Michael Porter. Michael Porter didn't start until close to the end though. He played w/ child porn and got it down in his heart. I don't know how long he filled his mind w/ that but he finally got to the point of crossing the line from his head to real life. It just so happens that poor little Kelsey was the "little" one in that family at that time in his life. That is the reason that no one else had been abused. It takes a while to cross the line from fantasy to realty. Just my opinion!
Q - I have heard some
blame DHS and the System for Kelseys death, so I am curious
how many think this is true. If you think it is, what do you
base this feeling on?
A - by Dallas - I DO think DHS is to blame on certain things, however the only true blame goes to the one who killed her. I do believe they were enabling, and blame due to the fact that if Kelsey was getting hurt at home, then at Kathie's, in my opinion they should have either left her at Gayla's until the mess was cleared up or have put her in a foster home until they could rule out who was hurting her, if they would have put her in Gayla's care first of all we would more than likely not be here today. She was safe, not stressed and very happy there.
A - by Fuwash - BUT, wasn't it the D.A., CASA and the GAL that requested that Kelsey go back to the mother's h
A - by Fedupwithliars - I personally agree somewhat with what Dallas said- Kelsey should of stayed with Gayla until any abuse questions directed at Raye were resolved.
I do
think that the DA, Casa and GAL expressed their desire that
Kelsey go back home to Raye and this happened AFTER, I believe,
Raye was able to complete her requirements set forth by the
Court.
Kelsey thrived in Gayla's care. Period. Raye was able to have
visitation with Kelsey while Kelsey was with Gayla, therefore I
believe Kelsey was thriving around Raye also.
I do not blame DHS for Kelsey's death. I believe they did what
they were trained to do. That does not mean that I agree with
everything DHS is taught. There needs to be more strict
guidelines in DHS policy concerning abuse of children and the
way they go about their investigations. The case workers in
Kelsey's case probably had more open cases than any one person
can handle, with people running around calling DHS and turning
in referrals at a whim / just because. It is to easy for people
to report abuse for any reason (custody cases, revenge, paranoid
people, etc.). That is were I feel that DHS needs reform. To
prevent this kind of "Because I feel like it " reporting of
abuse
A - by Tweendlines - I believe the DHS is guilty..... guilty of not being able to sift through all of the lies and manipulations quick enough to prevent this tragedy from ever happening. I credit the (KB factor) with diverting the attention away from Kelsey, where it should have been. I bet the "system" knows what actually led up to this nightmare and that is probably why KP has waged war on them...."discredit thyne enemies". So I blame the "system" for not being able to litigate those that have compromised their services which led up to Kelsey's demise.
A - by Obsessed Hod -
Tween, You always have a knack for reading between the
lines!!!
I don't think that any of the agencies were to blame,
if it weren't for the "KB" factor (as tween calls it) then
there wouldn't have been ANY reports in the first place -
therefore NO intervention...
However, they were involved - and just like everyone else in
this case, looking back I am sure there were areas that they
could have done more... would that save Kelsey?? Yes.
For a while....
I personally still don't "buy" this whole 10 months of
horrible abuse story - the FACTS just don't support it.
I could call in 26 reports against my ex-husband's new wife
and build a case too.... that doens't make it "fact".
So I'll say the pictures don't support it.
I think the abuse was
random, sexual in nature, and the perpetrator was Mike
Porter.
Remove him from the equation and there you have what would
have kept Kelsey alive.
I read a post somewhere that the 3 worst words a child can
hear are :
"MOMMY'S NEW BOYFRIEND" and I believe it!!
Posts from KP - Kelsey's
Purpose / Kelsey's Purpose / Kelsey / Tonight's News
Tonight's News
Author Message
SeekingJustice
Member
Posts: 21
Group: Registered
Joined: Mar 2006
Status: Offline
Reputation:
Post: #1Tonight's News
I was glad to see something on the news tonight telling that
a judge has agreed Lance has every right to sue DHS for
Kelseys death...they didn't protect her and they need to be
held accountable. Maybe DHS will finally be investigated and
something will be done to protect our children. way to go
Lance!
Yesterday 02:12 PM
Always Jordy's Mom
New Member
Posts: 1
Group: Registered
Joined: Apr 2007
Status: Offline
Reputation:
Post: #2RE: Tonight's News
I wish he could sue that judge.
Yesterday 02:45 PM
Starla
Moderator
Posts: 712
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Joined: Feb 2006
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Reputation:
Post: #3RE: Tonight's News
Judge's CAN be sued. I posted some stories where that has
happened. Personally, I wish they would sue him for that
pathetic book of lies he wrote and published. I also wish
the Oklahoma Bar Association would disbar him for it. That
certainly isn't "appropriate" for a "Judge", although FORMER
Judge now.
I do think that this is wonderful news about the decision,
does anyone have a link to the story? I couldn't find it for
some reason?
~~If you are not part of the SOLUTION...you are part of the
PROBLEM!!~~
Yesterday 05:32 PM
rsoonergirl
Taylor's mommy
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Reputation:
Post: #4RE: Tonight's News
Here is the link, but I copied and pasted it just in case:
http://newsok.com/article/3234320/1209032318
Lawsuit accusing DHS in Kelsey's death to move forward
By The
Associated Press
TULSA -- A lawsuit claiming three Oklahoma Department of Human
Services workers contributed to the conditions that led to a
2-year-old girl's death has been allowed to move forward by an
appeals court.
The 10th U.S. Circuit Court of Appeals ruled Wednesday that the
DHS workers accused in Raymond Briggs' lawsuit are eligible to
be sued.
Briggs sued DHS employees Kristal Johnson, Yolanda Hunter and
David Burgess along with another youth services agency in 2006,
claiming they discouraged the reporting of child abuse leading
up to the death of Kelsey Smith-Briggs.
"This allows us the opportunity ... to begin questioning those
people who we feel are responsible for what happened to little
Kelsey," said Joe White, an attorney for Briggs.
Kelsey's mother, Raye Dawn Smith, was convicted of enabling
child abuse and sentenced in September to 27 years in prison.
Smith's ex-husband, Michael Porter, is serving 30 years in
prison after pleading guilty to enabling child abuse.
Kelsey was taken away from Smith and placed in DHS custody in
January 2005 after the agency concluded that she had sustained
broken bones and bruises while in Smith's care. However, the
girl continued to sustain injuries during unsupervised visits
with Smith leading up to her death in October 2005.
Kelsey's death led to an Oklahoma law bearing her name that
improved training of court-appointed child advocates and makes
judges more accountable for their rulings in child-placement
cases.
Johnson, Hunter and Burgess _ all workers in the Lincoln County
DHS office _ had sought immunity from the lawsuit, claiming
Briggs had failed to allege facts demonstrating that affirmative
conduct on their part created or increased the danger to Kelsey.
The three also claimed that Briggs' lawsuit, filed in U.S.
District Court in Oklahoma City, did not meet legal standards
for a claim that government employees created the danger
resulting in injury.
DHS Assistant General Counsel Joseph Strealy said the agency
could still ask a judge in Oklahoma City to grant immunity to
the three workers. Strealy said DHS has not decided whether it
will ask the appeals court to reconsider the ruling.
Briggs' lawsuit also lists as defendants Eastern Oklahoma Youth
Services Inc. and two of the agency's employees, Carla Lynch and
Jean Bonner. Strealy said DHS contracted with Eastern Oklahoma
Youth Services to visit Smith's home.
Briggs' lawsuit alleges that Lynch and Bonner instructed at
least one person to stop reporting ongoing abuse against Kelsey.
Today 12:48 AM
A - by Obsessed Truth Seeker - Okay, this says he can sue the individual workers. What do they make? Maybe $30,000 per year? This just gives him permission to sue them and way to go Carla Lynch. Don't you feel stupid for kissing their butts now??? IF he wins, he's not getting anything except more publicity. How's he going to pay his attorney? That's right, maybe with his disability check?
A - by Justice1st -
Personally, I think any judge with an ounce of common sense
(assuming there are some who don't listen to irrational
people like KB) will throw any case brought by LB out.
Sounds to me like KB doesn't want any of the DHS workers
talking about HER in a negative light (and there's plenty to
talk about), so she figures suing them personally would shut
them up. Not that it will work, of course.
And someone should really ask KB publicly to explain her
giving up her own children for two years in 1979, and what
she said to the DHS worker at that time.
J
A - by Obsessed Truth Seeker - Exactly! I'd like to see David Burgess counter sue for Lance calling him and threatening to break into his home and kill him and his family.
A - by OKplainsmom - IMO,
the only thing DHS can be blamed for is not pursuing exactly
WHO was abusing. To leave it "perpetrator unknown" made it
that much more difficult to figure out how to help Kelsey.
Raye thought it was the Briggs, they thought is was her, and
all along no one investigated the MURDERER Mike Porter. I
feel like the perpetrator(s) should be identified, how do
you know who to protect the child from if you can't figure
out who is hurting them?
IMO Mike Porter is who murdered Kelsey. The medical evidence
points to Porter and NO ONE ELSE
A - by Obsessed Truth Seeker - I have to agree. I think if
they would have taken Kathie to court and charged her
criminally for Kelsey's legs then Mike Porter would have
seen that he wouldn't get away with abusing that baby and he
would have backed off. Kathie should have paid for Kelsey's
legs and not be allowed to go out and make it seem like she
had nothing to do with them. I'm in a mood today.
A - by Obsessed Hod - Why
aren't they suing the DA's office? It's the DA's office who
failed to further investigate back in April when Kelsey
broke her legs.
It's the DA's office that had the chance to investigate and
press charges accordingly.
Fact is, there was insufficient evidence back in April,
insufficient evidence at the June hearing - and insufficient
evidence at Raye's trial.
There is NO FACTUAL EVIDENCE that there was ONGOING ABUSE -
just because "KB" "AB" and "TS" called in reports on a daily
basis, doesn't make those reports fact. As I stated before,
and "KB" even agreed during the trial - the photographs do
NOT SUPPORT severe childhood abuse - certainly not 10 months
like they are claiming.
Also, Kelsey WAS INJURED in "KB's" care - and more then just
a dog bite - what about the injuries she sustained during
SUPERVISED VISITS at DHS with "KB"??? There were at least 3
injuries mentioned in those logs - are we to assume that
small bumps, bruises, abrasions, and scratches like that
didn't happen during her regular unsupervised visits.
What ever - Kelsey was almost 3 - she was rambunctious, and
extremely playful - climbing and crawling on everything that
didn't climb or crawl on her first.
I am NOT saying that Kelsey was ABUSED at Kathie's - I am
saying that she was injured, guess what people - not all
injuries are the result of abuse or neglect...there is this
really cool word they use...what's it called again...???
OH YEAH.... an ACCIDENT!!
A - by Okplainsmom - Hmm, why wouldn't they sue the DA's office? Maybe because they already got what they wanted? Hmm
A - by
LovingEyesCanNeverSee - I have not read this hole post yet
but my reply to the topic question is this:
No I don't think that the DHS failed Kelsey, and i don't
think that they are guilty for Kelsey's death, Raye was
around Kelsey day in and day out, and she didn't know that
mike was abusing her, so how would they? This works both
ways, the DHS are professionals and they didn't suspect it
and neither did Raye, therefore I think the only person to
blame for Kelsey's death is Mike porter, yes the Briggs
caused a lot of friction for Kelsey and Raye and their
family but that didn't mean that Mike had to abuse Kelsey,
he may have abused her even if the custody battle was not
going on, nobody knows his reasons for abuse, the same with
every abuser! He done it because he is a sick sick man in my
opinion and HE is solely responsible for taking Kelsey's
life PERIOD! that is my opinion!
A - by OKplainsmom - The
fact of the matter is that the DHS workers weren't given all
the information needed to be able to do their job. You can't
hide your son's domestic abuse, drinking & drug use. You
can't hide important details f/ DHS if you want them to make
the best decision possible.
How does suing DHS help kids? It DOESN'T! The money they
need for more workers and equipment are being wasted by a
parent who didn't even bother parenting his child, or take
part in the truthful investigation. Now he wants to profit
off his own inaction. DISGUSTING!
A - by Junkeemonkee - OKplainsmom You hit the nail on the head.... IMO I don't think DHS is to blame. Look how many people were assigned to look out for Kelsey? She was doing good.... someone was just there on Oct 11 and everything was fine.... it only took a few minutes for Michael Porter to do what he did!! He is the one that should be to blame and he is the one who should be in prison for LIFE without parole or the death penalty.... but he is not.....WHY? because the Briggs allowed a plea deal to be offered to him? Now they will have to live with the choice they made for the rest of their lives, but I don't think they care. It sickens me to know this man could be out amongst our grandchildren one day and could do it to them and not even have to register as a sex offender when he raped a small helpless child.... So no I put all the blame on MP.... If DHS had known all the facts and not been thrown around by Kathie Briggs then I would be looking at them... but in this case I think they were steered in the wrong direction and really didn't know where the abuse was coming from.
A - by Crystal23 - I think
DHS/social workers have one of the most difficult jobs to
do. Make a wrong decision and a family can be ruined, or in
the worse case scenario a child could die.
I do not think that DHS are to blame for Kelsey's death. No
one knew who was hurting Kelsey, they were following her
progress and monitoring things, to blame them is wrong, as
know one realised what was going on. The fact is Michael
Porter was extremely devious, and hid his true colours from
everyone
A - by Obsessed Hod - Mike
is the murderer and the one who sexually assaulted Kelsey.
He is the SOLE person responsible for her death.
The system is just that - a system - it can be manipulated,
Raye was only a person she was manipulated - and I also
believe the Mike manipulated the Briggs, once he wore out
his welcome with the Smiths.
That was the reason for the emails. Thank goodness Kathie
had the foresight to copy and turn them over to the DA!! She
has had to endure a lot of criticism for those emails, and
rightfully so - but in the end the EMAILS do give us some
much needed insight to "who Porter" was/is.
I
think that once people start seeing this case for what it is
- A MANIPULATIVE CHILD SEX OFFENDER at work - they will
start to see through all of the other Hype. Think about how
many of the sex offenders that are caught and the neighbors
are like "he was the greatest guy"........
NO - DHS isn't to blame
NO - CASA isn't to blame
NO - CHBS isn't to blame
NO- Judge Key isn't to blame
NO - Raye Dawn isn't to blame
YES, YES, YES - Michael Lee
Porter is to blame 100%. He is a murderer and a sex offender
- I don't care what the "conviction" says.
A - by Kris - I agree! Unless there is someone else who knew Mike was abusing Kelsey, He is the only one who is to blame! I think he fooled everyone!!!
A - by OKplainsmom -
That's just it, NO ONE was ever able to prove that anyone
but Mike Porter knew what he was doing to Kelsey. His
daughter told a counselor AFTER Kelsey's death that he was
"mean to Kelsey when Raye Dawn wasn't around". That
statement from his OWN DAUGHTER shows that there was a
vicious side of him that no one knew abt.
That's one of the things I don't understand abt Raye's
conviction. Don't they have to prove who the abuser was in
order to prove Raye (or anyone) knew it was going on? I
can't believe they can just throw out generic charges out
there and get a conviction WITHOUT ANY EVIDENCE TO SUPPORT
THAT RAYE KNEW MIKE WAS ABUSING KELSEY!!
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