Kelsey Smith Briggs

Juror Responsibility

Some of the jurors in Raye Dawn's case did their duty to the best of their ability and decided Raye Dawn "should have known" Kelsey was being abused by Mike Porter and wanted to sentence her to the shortest possible sentence - one year.

Biased jurors that visited and JOINED the Kelsey's Purpose website insisted on the maximum sentence for Raye Dawn - life.

What I don't understand is how a juror who followed the rules could be persuaded to jump from a one year sentence to a twenty-seven year sentence in the span of approximately an hour and a half.

One juror who JOINED Kelsey's Purpose and has supported and spoken on behalf of the paternal family, Michele Reeves, held up Kelsey's autopsy photos while the jurors deliberated and screamed "this is a life sentence" causing the jurors to make an emotional decision, not one based on fact or evidence. The autopsy photos were misleading and should have never been allowed in Raye Dawn's trial because as the Physician's Assistant testified - from Raye Dawn's appeal: "No physician was on staff at the Prague Hospital: therefore, ****** Gibson, a physician's assistant, was in charge. Ms. Gibson estimated that Kelsey had been down for about 45 minutes when she arrived at Prague at 3:59 p.m. They continued to "Code" Kelsey for another 45 minutes before they called time of death. Ms. Gibson called her time of death at 4:45 p.m. Raye Dawn requested that an autopsy be performed because she wanted to know what happened to her daughter. Porter, on the other hand, objected to an autopsy being performed. Ms. Gibson testified that Kelsey had two small bruises on her face and one on her shin, which wasn't anything out of the ordinary. She testified that she did not notice any unusual bruising on Kelsey, and that she examined Kelsey's entire body and turned her over to look at her back. In fact, the first evidence of trauma is post-mortem. The autopsy photographs were misleading because they show post-mortem lividity and trauma caused by medical manipulation, which to a lay person appears to be evidence of intentional trauma or abuse."

 

OUJI-CR 1-1

ROLE OF THE JUROR

For those who have been summoned as jurors, I remind you that jury service is a legal obligation as well as a civic duty. Each of you is an officer of the court just as the judge, the attorney(s) representing the prosecution, and the attorney(s) representing the defense. Your office as juror is one of extreme public trust. The services you perform as juror are as important and essential to the administration of justice as those performed by the judge and the attorneys.

As prospective jurors you will take an oath to answer completely and truthfully all questions asked you by myself and the attorneys.

OUJI-CR 1-2

VOIR DIRE OATH

Do you, and each of you, solemnly swear/affirm to well and truly answer questions asked of you concerning your qualifications to sit as jurors in the case now on trial, (so help you God?)/(this you do affirm under the penalties of perjury)?

OUJI-CR 1-4

FAIR AND IMPARTIAL JURY

Both the State of Oklahoma and the defendant(s) are entitled to jurors who approach this case with open minds and agree to keep their minds open until a verdict is reached. Jurors must be as free as humanly possible from bias, prejudice, or sympathy. Jurors must not be influenced by preconceived ideas as to the facts or as to the law. You are undoubtedly qualified to serve as a juror but you may not be qualified to serve as a juror in this particular case. Hence, the law permits unlimited challenges for cause. Moreover, the law grants both the State and the defendant(s) 3/5/9 peremptory challenges. A peremptory challenge permits either the State or the defendant to excuse a prospective juror for any reason allowed by law. If you are excused from being a juror in this particular case, it is no reflection on you. You well may be chosen to serve as a juror in another case.

 

OUJI-CR 1-8

OPENING INSTRUCTION

You have been selected and sworn as the jury to try the case of the State of Oklahoma against [Name the Defendant(s)]. The defendant(s) is/are charged with the crime(s) of [Name the Crime Charged] by an information/indictment filed by the State.

The information/indictment in this case is the formal method of accusing the defendant(s) of [a] crime(s). The information/indictment is not evidence and the law is that you should not allow yourselves to be influenced against the defendant(s) by reason of the filing of the information/indictment.

The defendant(s) has/have pled not guilty. A plea of not guilty puts in issue each element of the crime with which the defendant(s) is/are charged. A plea of not guilty requires the State to prove each element of the crime beyond a reasonable doubt.

The defendant(s) is/are presumed innocent of the crime(s) and the presumption continues unless after consideration of all the evidence you are convinced of his/her guilt beyond a reasonable doubt. The State has the burden of presenting the evidence that establishes guilt beyond a reasonable doubt. The defendant must be found not guilty unless the State produces evidence which convinces you beyond a reasonable doubt of each element of the crime(s).

Evidence is the testimony received from the witness(es) under oath, agreements as to fact made by the attorneys, and the exhibits admitted into evidence during the trial.

It is your responsibility as jurors to determine the facts from the evidence, to follow the law as stated in the instructions from the judge, and to reach a verdict of not guilty or guilty based upon the evidence [and to determine punishment if you should find the defendant(s) guilty].

It is your responsibility as jurors to determine the credibility of each witness and the weight to be given the testimony of the witness. In order to make this determination, you may properly consider the overall reaction of the witness while testifying; his/her frankness or lack of frankness; his/her interest and bias, if any; the means and opportunity the witness had to know the facts about which he/she testifies; and the reasonableness or unreasonableness of his/her testimony in light of all the evidence in the case. You are not required to believe the testimony of any witness simply because he/she is under oath. You may believe or disbelieve all or part of the testimony of any witness. It is your duty to determine what testimony is worthy of belief and what testimony is not worthy of belief.

It is my responsibility as the judge to insure the evidence is presented according to the law, to instruct you as to the law, and to rule on objections raised by the attorneys. No statement or ruling by me is intended to indicate any opinion concerning the facts or evidence.

It is the responsibility of the attorneys to present evidence, to examine and cross-examine witnesses, and to argue the evidence. No statement or argument of the attorneys is evidence.

From time to time during the trial, the attorneys may raise objections. When an objection is made, you should not speculate on the reason why it is made. When an objection is approved or sustained by me, you should not speculate on what might have occurred or what might have been said had the objection not been sustained.

Throughout the trial you should remain alert and attentive. Do not form or express an opinion on the case until it is submitted to you for your decision. Do not discuss this case among yourselves until that time. Do not discuss this case with anyone else or permit anyone else to discuss this case in your presence. Do not talk to the attorneys, the defendant(s), or the witness(es). If anyone should attempt to discuss this case with you, report the incident to me or to the bailiff immediately.  Do not read newspaper reports or obtain information from the internet or any other source about this trial or the issues, parties or witnesses involved in this case, and do not watch or listen to television or radio reports about it. Do not attempt to visit the scene or investigate this case on your own. This case must be decided solely upon the evidence presented to you in this court, free from any outside influence.

At this point in the trial, the attorney for the State reads the information/indictment, the plea of the defendant(s), and gives an opening statement. The attorney for the defendant(s) may give an opening statement after the attorney for the State, or may elect to reserve his/her opening statement until the conclusion of the evidence by the State. Opening statements are not evidence but serve as guides so that you may better understand and evaluate the evidence when it is presented.

Following the opening statements, witnesses are called to testify. Witnesses are sworn and then examined and cross-examined by the attorneys. Exhibits may also be introduced into evidence.

After the evidence is completed, I will instruct you on the law applicable to the case. The attorneys are then permitted closing arguments. Closing arguments are not evidence and are permitted for purposes of persuasion only.

When closing arguments are completed, the case will be submitted to you. You will then retire to consider your verdict.

The attorney for the State may now proceed.

 

OUJI-CR 1-9

NOTETAKING BY JURORS

You may take notes during the presentation of evidence in this case. In that regard remember this:

1. Notetaking is permitted but is not required.

2. Take notes sparingly. Do not try to write down all the testimony. Your notes will only be used for the purpose of refreshing your memory. They are helpful when dealing with measurements, times, distances, identities and relationships.

3. Be brief in your notetaking. It is for you to determine the credibility of the witnesses, and to do so you must observe them. Do not let notetaking distract you from this duty.

4. Your notes are for your private use only. Do not share your notes with any other juror during the presentation of the case. You may discuss the contents of your notes only after all sides have rested and you have commenced your deliberations.

 

The jury sentenced Raye Dawn to 27 years for enabling child abuse. This is the law:

OUJI-CR 4-36

ENABLING CHILD ABUSE - ELEMENTS

No person may be convicted of enabling the abuse of a child unless the State has proved beyond a reasonable doubt each element of the crime. These elements are:

First, a person responsible for a child's health or safety willfully/ maliciously engaged in;

Second, causing/procuring/permitting a willful/malicious;

Third, act of harm/(threatened harm);

Fourth, to the health/safety;

Fifth, of a child under the age of eighteen.

Harm/(Threatened harm) includes, but is not limited to (select from the following): (nonaccidental physical/mental injury), sexual abuse, sexual exploitation, neglect, failure/omission to provide protection from harm/(threatened harm).

["Permitted" means authorized or allowed for the care of the child by an individual when the person authorizing or allowing such care knew or reasonably should have known that the child would be placed at risk of abuse.].

 

Suggested Term for enabling child abuse, by which Raye Dawn is CLEARLY NOT GUILTY:

Any parent or other person who shall willfully or maliciously engage in enabling child abuse shall, upon conviction, be punished by imprisonment in the custody of the Department of Corrections not exceeding life imprisonment, or by imprisonment in a county jail not exceeding one (1) year, or by a fine of not less than Five Hundred Dollars ($500.00) nor more than Five Thousand Dollars ($5,000.00) or both such fine and imprisonment. As used in this subsection, "enabling child abuse" means the causing, procuring or permitting of a willful or malicious act of child abuse, as defined by paragraph 1 of subsection B of Section 7102 of this title, of a child under eighteen (18) years of age by another. As used in this subsection, "permit" means to authorize or allow for the care of a child by an individual when the person authorizing or allowing such care knows or reasonably should know that the child will be placed at risk of abuse as proscribed by this subsection

 

OUJI-CR 13-10

INTRODUCTION TO CLOSING INSTRUCTIONS

Since all the evidence in this case has been given to you, it is now my duty, under the law, to give you the instructions that apply in this trial. The instructions contain all rules of the law that are to be applied by you in this case, and all the rules of law by which you are to weigh the evidence and determine the facts in issue in deciding this case and in reaching a verdict. You must consider the instructions as a whole and not as a part to the exclusion of the rest. All the testimony and evidence which it is proper for you to consider has been introduced in this case. You should not consider any matter of fact or of law except what has been given to you while this court is or has been in session.

 

OUJI-CR 13-11

FUNCTION OF THE JURY

It is your responsibility as jurors to determine the facts from the evidence, to follow the rules of law as stated in these instructions, and to reach a fair and impartial verdict of delinquent or not delinquent based upon the evidence, as you have sworn you would do. You must not use any method of chance in arriving at a verdict, but must base your verdict on the judgment of each juror.

 

OUJI-CR 13-16

DEFINITION OF EVIDENCE

Evidence is the testimony received from the witnesses under oath, stipulations made by the attorneys, and the exhibits admitted into evidence during the trial.

 

OUJI-CR 13-19

CREDIBILITY OF WITNESSES

It is your responsibility to determine the credibility of each witness and the weight to be given the testimony of each witness. In determining such weight or credibility, you may properly consider: the interest, if any, which the witness may have in the result of the trial; the relation of the witness to the parties; the bias or prejudice of the witness, if any has been apparent; the candor, fairness, intelligence, and demeanor of the witness; the ability of the witness to remember and relate past occurrences, the means of observation, and the opportunity of knowing the matters about which the witness has testified. From all the facts and circumstances appearing in evidence and coming to your observation during the trial, aided by the knowledge which you each possess in common with other persons, you will reach your conclusions. You should not let sympathy, sentiment or prejudice enter into your deliberations, but should discharge your duties as jurors impartially, conscientiously, and faithfully under your oaths and return such verdict as the evidence warrants when measured by these instructions.

 

OUJI-CR 13-21

CREDIBILITY OF OPINION WITNESSES

Testimony has been introduced of certain witnesses who purport to be skilled in their line of endeavor or who possess peculiar knowledge acquired by study, observation, and practice.

You may consider the testimony of these witnesses, and give it such weight and value as you think it should have, but the weight and value to be given their testimony is for you to determine. You are not required to surrender your own judgment to that of any person testifying, based on that person's education, training or experience. You need not give controlling effect to the opinion of such witnesses for their testimony, like that of any other witness, is to be received by you and given such weight and value as you deem it is entitled to receive.

OUJI-CR 13-22

EVIDENCE - INFERENCES

You should consider only the evidence introduced while the court is in session. You are permitted to draw such reasonable inferences from the testimony and exhibits as you feel are justified when considered with the aid of the knowledge which you each possess in common with other persons. You may make deductions and reach conclusions which reason and common sense lead you to draw from the fact which you find to have been established by the testimony and evidence in the case.

 

OUJI-CR 13-23

DIRECT EVIDENCE DEFINED

"Direct evidence" is the testimony of a person who asserts actual, personal knowledge of a fact, such as the testimony of an eyewitness. "Direct evidence" may also be an exhibit such as a photograph which demonstrates the existence of a fact. It is proof which points immediately to a question at issue and which proves the existence of a fact without inference or presumption.

 

OUJI-CR 13-24

CIRCUMSTANTIAL EVIDENCE DEFINED

"Circumstantial evidence" is the proof of facts or circumstances which gives rise to a reasonable inference of other connected facts that tend to show the guilt or innocence of a defendant. It is proof of a chain of facts and circumstances that indicates either guilt or innocence.

 

OUJI-CR 13-28

CLOSING INSTRUCTION

After you have retired to consider your verdict, select one of your number as foreperson and enter upon your deliberations. When you have agreed on a verdict, your foreperson alone will sign it, and you will, as a body, return it in open court. Your verdict must be unanimous. Forms of verdict will be furnished. You will now listen to the argument of counsel, which is a proper part of this trial.

 

 

Handbook for jury duty in Oklahoma

Petit Jury Service

Welcome to the jury panel of the United States District Court for the Western District of Oklahoma. We hope you will find your term of jury service an interesting and satisfying experience.

You will see a film and receive a briefing which explains your duties and responsibilities as a juror. This booklet will answer questions of a more immediate nature.
 

Location

The Courthouse is located at 200 N.W. 4th Street, between Harvey and Robinson. This is approximately 1 block west of Broadway (E.K. Gaylord Boulevard) and 5 blocks east of Classen Boulevard. It is easily accessible from several I-40 and I-35 Highway exits.

Facilities

You will report for jury duty on the third floor of the Courthouse. When you exit the elevator, there will be signs directing you to the registration. Restrooms and telephones are available in the hallways of each floor. A lounge area and restrooms are provided in the Jury Assembly Room located on the first floor.

Vending machines are located in the basement of the Courthouse. Coffee will be available for jurors in the Jury Assembly Room, as well as a soft drink machine and snack machine.

There are many restaurants within walking distance of the Federal Courthouse. Prices vary, starting at about $5.00. You will receive a list of restaurants during orientation. There is also a refrigerator and microwave in the Jury Assembly Room for your use if you want to bring your lunch.

Parking

Do NOT park on the street or at a parking meter. You will not have time to leave the Courthouse to pay meter charges and the court is not responsible for any parking violations. Several commercial parking lots are located near the Courthouse. You may use any parking lot or garage you choose. Please allow yourself extra time for locating a parking space.

You will be reimbursed for your parking fees. If you park in a garage, be sure to inquire about accessibility to your vehicle after hours in case you are required to stay after 5:00 p.m.

Payment

Except for employees of the U.S. Government, a $40 attendance fee is paid for each day you are required to and do report for duty whether or not you are selected to serve. Fourty Eight and one-half cents per mile round trip from your home to the Courthouse is allowed as reimbursement for travel expense. You will also be reimbursed for tolls you may have to pay, but not for taxi fares. These provisions are established by law and are not determined by the court. If you drive 50 miles or more one way and you spend the night in town, you will receive $130 per day subsistence. Be sure to ask for Government rates when staying at your choice of motel. Jurors entitled to subsistence will need to submit a lodging receipt to the Jury Clerk.

Your check will be mailed to you when the jury term is completed. Please allow 3-4 weeks after your term for delivery.

The $40 attendance fee must be reported as income for tax purposes. You must keep a record of the amounts you receive as no tax has been withheld. If your attendance fee exceeds $600, 1099 forms are furnished for tax purposes. You do not need to report the travel allowance as income.
 

Jury Selection

You may wonder how you came to be called for jury duty. Your name was taken from the voter registration list of your county, according to guidelines which assure a random selection from a fair cross-section of the community. You were then mailed a qualification form to fill in and mail back. After it was determined by the court that you were qualified to serve, you were summoned for duty. After you have completed your term you will not be called again unless your name is again drawn from the voter registration list in future years. If you are called again within two years after federal service, you may be excused upon request.

Reporting for Duty

Jury duty can commence early in our court and it is CRITICAL that you report on time for juror orientation. Due to the volume of cases scheduled, you should allow a full day for jury service.

Length and Frequency of Service

If you report for jury duty and are not selected, you will receive instructions regarding future reporting dates. We will give you as much notice as possible. The term of service is for four to five weeks. This does not mean you will be here every day. You could be directed to report every week during the four to five week term or you may be called only once. Until you are directed to report for service, go to work and continue your daily activities. Sometimes trials are canceled at the last minute. In the event that this happens, every effort will be made to contact you so that you do not need to report unnecessarily.

Most trials average about 3 days. Occasionally, a trial will last for several days. The judge will dismiss the jury each evening and tell you exactly when you must return.

Trials usually recess around 5:00 p.m. If it is necessary for the trial to continue later into the evening than expected, you will be given enough time to get in touch with your family and to make arrangements for transportation if necessary. For this and other reasons, it is important to make sure there is some way to get a message to your family by telephone any time that you must serve on the jury for a case.

It is rare for a jury to have to remain overnight. If this happens, you will be paid a basic subsistence allowance at the rate established for court personnel when required to travel on government business. If a jury is sequestered (kept together for security purposes), the government will pay all expenses for food and lodging.

In accordance with Title 28 U.S.C. § 1875, your employer shall not discharge or threaten to discharge you because of your jury service. If you have a question in this area, see the jury clerk.

Courtroom Decorum

Change of Address, Telephone Number, or Employment

Jurors who have a change in address, phone number, or employment, should submit these changes as soon as possible. A current address is important because your checks are mailed to you. A current phone number is important to contact you in the event a case settles.

Excuses

Federal law is strict on excuses altogether. Do NOT wait until the day you are to report for jury duty to request excusal. Only extreme hardship requests for excusal should be submitted, as soon as possible after receipt of summons, in writing, to:

U.S. Court Clerk (Attention: Jury Section)
United States District Court
200 N.W. 4th Street
Oklahoma City, OK 73102-3092

Jurors who fail to report for jury duty and who are not excused by the Court may be served a show cause order by the U.S. Marshal Service. Those jurors will be ordered to appear before a U.S. Magistrate Judge to show cause why they should not be held in contempt of the Jury Service and Selection Act. Contempt penalties range from a $100 fine to three days imprisonment, or both.

Temporary excuses may be granted under special circumstances. In this case you will be rescheduled for service.

Attendance Certificates

After completion of your term, the jury clerk will provide you with an attendance certificate showing the dates you served. It will be mailed to you, along with your check. Some persons need this certificate in connection with their employment, others may wish a certificate for their personal records.

If you have additional questions in connection with your service in this court, feel free to contact the jury clerk at (405) 609-5040.

Security

Jurors are advised that the court's security plan does not allow portable telephones, laptop computers, pagers, cameras or recording devices inside the courtroom. Please leave these items at home, at the office or in your car. These items can be brought into the courthouse and used in the jury assembly room. If there is an emergency and someone needs to contact you during your service, they may call 405/609-5040 and a message will be delivered to you promptly. Please have them specify that you are on jury duty.