Raye Dawn Smith wanted autopsy, defendant's mother testifies

Jul 17, 2007 Full story: NewsOK.com 25,832

“She knew that's just the way it had to be, to get through it. She accepted it”

' The first defense witness at the child-abuse trial for Raye Dawn Smith said Monday the mother wanted an autopsy to find out why her 2-year-old daughter died in 2005, but her new husband opposed it. via NewsOK.com

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yeah

United States

#3983 Jul 31, 2008
Let's not forget that stair incident. Raye Dawn admits in her OSBI interview that she didn't believe Mike when he said Kelsey feel down the stairs.
Yeah its me

Cedar Hill, TX

#3984 Jul 31, 2008
Oh - I have such a good point to make about the "Dr's Note" from when Kelsey had the sprained ankle!!

My little girl just had to have tubes put in her ears.(7/22/08) It was just an outpatient surgery and the WRITTEN instructions say only CLEAR LIQUIDS for 24 hours.(I just double checked)

As I was talking to the discharge nurse and she was explaining everything to me having me sign everything like I was signing my kid away, I told her that I had promised my daughter ice cream. Her exact words to me were - "If she can tolerate it, it's ok".

Isn't that 100% CONTRADICTORY to what the written instructions say?

What in the world would I have done if I would have ended up in court? I signed the paper that said "only clear liquids', but I got verbal permission from the nurse to give ICE CREAM. The paper would be the only proof, then where would I be.

We have all been to the Emergency Room where we see the doctor for all of 30 seconds, he writes the orders, but it's the nurse that we talk to and get everything cleared up through.

I'm not making an assumption that this is what happened in this case (those seem to be deadly in here!!) but more than likely from what this mother and her sister-in-law both claim, this is what happened.
Yeah its me

Cedar Hill, TX

#3985 Jul 31, 2008
hand print in the swing? i'm not familiar with this picture!

Is it the same one where she has candy all over her face? And they claim that she was crying because someone took her ring pop away?

Again, though the step-dad had an excuse with the auto accident. He was an opportunist. Obviously taking advantage of everything to abuse Kelsey and amuse himself!!
Yeah its me

Cedar Hill, TX

#3986 Jul 31, 2008
Did she say in the OSBI that she thought he had caused the abuse/injury?? or just that she didn't believe that she fell?

I guess there are so many points to make and it is just from what angle you choose to look at it.

I still believe that people in this country should be innocent until they are proven guilty beyond a reasonable doubt.

The fact that there are so many with opposing views and opinions on this really proves that there is plenty of REASONABLE DOUBT in this case.

I would be very interested to see what the appeals process brings out in this case.
Bee

Meridian, OK

#3987 Jul 31, 2008
Yeah its me wrote:
hand print in the swing? i'm not familiar with this picture!
Is it the same one where she has candy all over her face? And they claim that she was crying because someone took her ring pop away?
Again, though the step-dad had an excuse with the auto accident. He was an opportunist. Obviously taking advantage of everything to abuse Kelsey and amuse himself!!
I've seen those pics (in the swing after the car wreck) & to me it looks like she hit the side of her car seat in the accident. You know how some of them wrap around? She had scrapes & bruises that matched up to the contact she would've made w/ the seat when broadsided by a drunk driver. Let's not forget that it wasn't a fender bender, it totalled the truck.

I agree that Porter used the accident to his advantage.
Bee

Meridian, OK

#3988 Jul 31, 2008
Yeah its me wrote:
Did she say in the OSBI that she thought he had caused the abuse/injury?? or just that she didn't believe that she fell?
I guess there are so many points to make and it is just from what angle you choose to look at it.
I still believe that people in this country should be innocent until they are proven guilty beyond a reasonable doubt.
The fact that there are so many with opposing views and opinions on this really proves that there is plenty of REASONABLE DOUBT in this case.
I would be very interested to see what the appeals process brings out in this case.
I think she said that Kelsey was good on the stairs so looking back it seemed strange.(in the OSBI interview).
I'm good at the stairs & have fallen both up & down them, so it's something that can happen to anyone.
yeah

United States

#3989 Jul 31, 2008
She said she didn't believe him WHEN HE SAID IT, not looking back, because Kelsey was good at the stairs. This incident and the tape incident are what caused Gayla and Raye Dawn to start "watching him". This is by Gayla's testimony.

Yeah it's me - what does it matter if she said to the OSBI if she thought he caused it? She didn't believe his stair excuse and it caused Raye Dawn and Gayla to start watching him. Which means they thought he used the stairs as an excuse for an injury and they thought they needed to watch him. Why else would someone need an excuse for an injury especially when you're being accused of child abuse? Why else would she need to watch him after an injury and a lie about how it got there? She admits in her OSBI interview that the tape incident bothered her and they needed to watch him. Although I agree Scotch tape and playing is silly, Raye Dawn admits it concerned HER. She ADMITS that they started watching him a few days before Kelsey was killed. She didn't watch him close enough! She should have never left Kelsey there with him that day if she thought he was lying about the stairs. She took a chance that maybe she was wrong about it and that chance caused Kelsey her life, if Raye Dawn's not the one that did it herself.

You people are in such denial that someone could show you a videotape of Raye Dawn watching Mike beat Kelsey and you'd still come up for an excuse for it.
What was really said

AOL

#3990 Jul 31, 2008
Oklahoma Department of Corrections Pre-Sentence Investigation
DEFENDANT’S VERSION: The following is a written statement from the defendant (Raye Dawn Smith) which she provided to this officer on August 2, 2007. All spelling and syntax are that of the defendant.
“I have always felt this was a conspiracy against me. I also believe that there are people guilty of things running free. This entire ordeal has been ongoing far too long and I have never been treated lie a mother who lost her daughter. I did everything I knew possible to do. I worked with DHS, the best to my ability and knowledge. I never, ever thought Mike would’ve hurt Kelsey. If I would have thought that I would’ve ran w/her and left everything else behind. Then I would’ve turned him in. Kelsey was my best friend in the entire world and its hurts so bad for people to say the things they do. Kathie Briggs knows I didn’t hurt Kelsey and she knows I didn’t sit back and let it happen. When Kelsey was having night terrors and possible seizures I thought they were being triggered by something she was dreaming about that had happened while she was w/Kathie. When I would take Kelsey to Kathie and she had a bruise or knot o her nose, I would tell Kathie what happened and she would tell me she didn’t see it or that kids are going to get bruises. If I could have seen into the future I never would’ve dated Mike Porter. I would love to see my son and one day try to live a normal life again, although I will never see my beautiful daughter again.”
During this interview Smith stated that she felt that Kathie Briggs was hurting Kelsey and is now running free (meaning Briggs is not being punished for these perceived actions). This officer asked Smith why she did not take Kelsey and run if she thought Kelsey was being abused by Briggs. Smith replied that she did not know her options. Smith also stated that she thought Lance might have hurt Kelsey. Smith also reported to DHS that she thought Ashley Briggs had hurt Kelsey.
This officer asked Smith about Kelsey telling her during a visit that “Daddy (Mike) hurt my head,” Smith stated,“I just laughed and said no he didn’t, you haven’t seen him.” With regard to Kelsey reporting that “Daddy hurt my feet,” Smith stated, I didn’t think anything about it. I knew she hadn’t seen him (Mike).
What was really said

AOL

#3991 Jul 31, 2008
This officer asked Smith about DHS and doctors confirming abuse of Kelsey and Kelsey telling Smith she was being abused. Smith stated that it is “easy to say shoulda, coulda, woulda. Nobody cares about how I was feeling or going through at the time when I was trying to get her (Kelsey) back.” Throughout the interview Smith continuously stated “I don’t understand.”
MARITAL HISTORY: Smith and Raymond Lance Briggs were married on July 15, 2000 in Lincoln County. Smith filed for divorce on May 30, 2002 and the divorce was granted on July 30, 2002. A daughter, Kelsey Shelton Smith Briggs was born on December 28, 2002. Smith denied knowing that she was pregnant at the time she filed for divorce. Smith stated that on Kelsey’s birth certificate is indicated “father unknown.” Paternity testing was performed on Lance Briggs and it was determined that Kelsey was his child. On April 20, 2004, the court granted custody of Kelsey to Smith with standard visitation rights given to Briggs. Kelsey’s last name was ordered to be changed to Smith Briggs.
Smith stated Briggs was abusive to her and that she had to file numerous protective orders against him. Smith filed PO-02-99 in Lincoln County against Lance Briggs on August 2, 2002. On August 21, 2002, Smith failed to appear and prosecute. Smith filed PO-02-31 in Lincoln County against Lance Briggs on April 1, 2002. On April 10, 2002 Smith failed to appear and prosecute. On October 12, 2005 (the day after Kelsey died) Smith filed PO-05-161 in Lincoln County against Lance Briggs and PO-05-162 against Kathie Briggs. On November 1, 2005, Smith requested that both protective orders be dismissed. Smith stated that she and Lance “both drank quite often throughout the whole marriage.”
What was really said

AOL

#3992 Jul 31, 2008
On August 9, 2007 this officer spoke to Lance Briggs, Kelsey’s father. Briggs stated that initially the marriage to Smith was not bad but ended up that way. Briggs stated that Smith told him that Kelsey was not his baby that she was “some guy’s in Oklahoma City.” Briggs stated that he took a paternity test soon after Kelsey was born and it was determined that Kelsey was Briggs’ child. Briggs stated that he asked Smith after paternity had been determined what she planned to do if he had not sought to have the paternity determined and Briggs stated Smith said “Kelsey doesn’t need a Dad.” Briggs admitted he did physically assault Smith during their marriage but that he never punched her. Briggs stated they “both drank a lot” and physically assaulted each other. Briggs admitted they both used drugs during the marriage. Briggs stated that Smith would “get pissed off and file for protective orders out of spite but she would never pursue them as they were not true.” Briggs stated he has no idea and does not understand why Smith filed protective orders against both him and his mother the day after Kelsey had died. Briggs stated he did not return home from the Army until later in the evening or October 11, 2005 the day Kelsey died. With regard to the relationship with the Smiths, Briggs stated that the Smith family,“Are all crazy and lying, they are all one, all stick up for her (Smith) knowing she’s lying and has lied and manipulated.”
Smith and Michael Lee Porter were married on April 18, 2005 in Pottawatomie County. The couple had a son, Curtis “Blaine” Shelton Smith born April 11, 2006; six months after Kelsey had died. The child is currently in DHS custody.
SUBSTANCE ABUSE HISTORY: Smith reported she first used marijuana at the age of sixteen and used approximately two to three times with the last time being “when I was married to Lance in 2001.” With regard to methamphetamine usage, Smith admitted she used “several times” more than 20 times with the last time used “when I was married to Lance.” With regard to cocaine, Smith admitted she snorted cocaine on one occasion. Smith attributed all of her usage to her marriage with Lance Briggs.
Smith denied there was any substance abuse in her home while growing up, and that alcohol was not allowed.
With regard to alcohol, Smith stated she started drinking at the age of sixteen. She stated she would drink on weekends with friends and frequent bars. Smith informed that as an adult, she has always drunk alcohol, usually Miller Lite beer, but reported that it was not always to excess. Smith however admitted that she and Lance drank throughout the whole marriage.
Smith was arrested in 2004 for Actual Physical Control of a Motor Vehicle and Transporting Open Container of Beer by Meeker Police. According to the police report, Smith was found unconscious behind the wheel of her vehicle that was parked in the middle of the street and still running. Smith informed the officer that she attributed her actions to the death of her father who had died three days previously. Smith admitted,“I partied more than I should have but there was no problem with alcohol.”
What was really said

AOL

#3993 Jul 31, 2008
OFFENDER PLANS IF GRANTED PROBATION:
For employment:“I have been informed I currently still am employed at Crest Foods and if I am able to go home on August 23, 2007 I will go back to work.”
For residence:“I will continue to live in Oklahoma City. I do not have to pay rent there and can continue to help my family with legal fees.”
For education:“I would like to go to Seminars or classes on public speaking.”
For Counseling:“I would like to have some sort of counseling, but I had to stop after months because of no insurance and then I was unable, because of court reasons.”
For Leisure Time Activities:“Begin to write my book and spend time with family as usual. I have a lot of time to catch up with my son if they will allow me to see him as I was doing before in the DHS office.”
This officer asked Smith for clarification on her desire to attend seminars or classes on public speaking. Smith stated that she needed to speak about the “situation.” Smith stated she wanted to talk to others about marrying the wrong person more than once. Smith stated “I feel like I have to do this.”
SUMMARY:
The victim, who was tow and one half years of age, suffered injuries determined to be caused by abuse that occurred over a ten month period in 2005. The injuries which caused the victim’s death on October 11, 2005were determined to be caused by blunt force trauma to the abdominal area. The manner of death was ruled a homicide.
The perpetrator who caused Kelsey’s death has not been determined. Aside from the Community Home Based Services worker Patti Bonner, the only other individuals reported to have had contact with the victim on October 11, 2005 prior to her death were Raye Dawn Smith and her husband Michael Porter.
Smith denies culpability in this offense. She denies she allowed Kelsey to be abused. Instead, Smith attempts to diminish her responsibility for the abuse of her daughter and projects blame to others who were the only individuals who took actions to protect Kelsey. Because of Smith’s denial of responsibility it is unlikely that Smith will display a willingness to change her behavior. Through her actions and omissions, Smith has shown she poses a serious threat to any children or minors in which she has been entrusted for their care.
What was really said

AOL

#3994 Jul 31, 2008
MARITAL HISTORY: Smith and Raymond Lance Briggs were married on July 15, 2000 in Lincoln County. Smith filed for divorce on May 30, 2002 and the divorce was granted on July 30, 2002. A daughter, Kelsey Shelton Smith Briggs was born on December 28, 2002. Smith denied knowing that she was pregnant at the time she filed for divorce. Smith stated that on Kelsey’s birth certificate is indicated “father unknown.” Paternity testing was performed on Lance Briggs and it was determined that Kelsey was his child. On April 20, 2004, the court granted custody of Kelsey to Smith with standard visitation rights given to Briggs. Kelsey’s last name was ordered to be changed to Smith Briggs.
Smith stated Briggs was abusive to her and that she had to file numerous protective orders against him. Smith filed PO-02-99 in Lincoln County against Lance Briggs on August 2, 2002. On August 21, 2002, Smith failed to appear and prosecute. Smith filed PO-02-31 in Lincoln County against Lance Briggs on April 1, 2002. On April 10, 2002 Smith failed to appear and prosecute. On October 12, 2005 (the day after Kelsey died) Smith filed PO-05-161 in Lincoln County against Lance Briggs and PO-05-162 against Kathie Briggs. On November 1, 2005, Smith requested that both protective orders be dismissed. Smith stated that she and Lance “both drank quite often throughout the whole marriage.”
On August 9, 2007 this officer spoke to Lance Briggs, Kelsey’s father. Briggs stated that initially the marriage to Smith was not bad but ended up that way. Briggs stated that Smith told him that Kelsey was not his baby that she was “some guy’s in Oklahoma City.” Briggs stated that he took a paternity test soon after Kelsey was born and it was determined that Kelsey was Briggs’ child. Briggs stated that he asked Smith after paternity had been determined what she planned to do if he had not sought to have the paternity determined and Briggs stated Smith said “Kelsey doesn’t need a Dad.” Briggs admitted he did physically assault Smith during their marriage but that he never punched her. Briggs stated they “both drank a lot” and physically assaulted each other. Briggs admitted they both used drugs during the marriage. Briggs stated that Smith would “get pissed off and file for protective orders out of spite but she would never pursue them as they were not true.” Briggs stated he has no idea and does not understand why Smith filed protective orders against both him and his mother the day after Kelsey had died. Briggs stated he did not return home from the Army until later in the evening or October 11, 2005 the day Kelsey died. With regard to the relationship with the Smiths, Briggs stated that the Smith family,“Are all crazy and lying, they are all one, all stick up for her (Smith) knowing she’s lying and has lied and manipulated.”
Smith and Michael Lee Porter were married on April 18, 2005 in Pottawatomie County. The couple had a son, Curtis “Blaine” Shelton Smith born April 11, 2006; six months after Kelsey had died. The child is currently in DHS custody. 6196
What was really said

AOL

#3995 Jul 31, 2008
"In her fourth proposition, the defendant claims that “as many as nine jurors were nodding off or dozing during the trial” and that one juror, Michelle Reeves, slept “continuously throughout the trial.” In support of this proposition, the defendant offers this Court 12 affidavits that claim that at least nine of the jurors were seen nodding off or dozing, specifically pointing to juror Reeves as sleeping throughout the trial. Of the 12 affidavits presented by the defendant, all 12 testify that they were present during the entire trial, yet only two of the affiants, Roger Wonderly and Melodie Wonderly, make any mention of the “sleeping jurors”. The other 10 affiants are silent on the issue. In his affidavit, Roger Wonderly testifies “I observed at least nine of the jurors nodding off or dozing during the trial at different times. One female juror, Michele Reeves…I observed her sleeping several times.” Melodie Wonderly testifies “I observed at least two of the jurors who slept a lot of the time…Michele Reeves…[s]he was the one that slept continuously. There was also a male juror that slept quite a bit.” Interestingly, each of these affidavits also state “[t]he judge admonished the jury over and over again about paying attention, keeping their eyelids open…” "

That Wonderly name sounds awful familiar!
What was really said

AOL

#3996 Jul 31, 2008
Further, the defendant seeks to ignore the fact that her attorney passed each of the jurors for cause, thus admitting that the defendant believed that the twelve jurors who sat in her case were free from any prejudice. This is fatal to her argument here.
Defendant next complains that the jury was not properly sequestered during the trial. It is important to note that the defendant in this case, specifically waived sequestration of the jury. In Martin v. State, 222 P.2d 534 (Okla. Crim. 1950)(citing Whitfield v. State, 283 P. 266,(Okla. Crim. 1929) the Court held:
WKC

New York, NY

#3997 Jul 31, 2008
yeah wrote:
<quoted text>
I take that back. I don't care which one of them was charged with what as long as they're both in a cell.
This is horrible. I cannot believe she is not here. MP should have been sentenced to death an RD to live.
What was really said

AOL

#3998 Jul 31, 2008
UNIDENTIFIED FEMALE AGENT: Did Jean look her over? I mean, as part of the visit does she physically look at—

Ms. Porter: Yeah, she just kind of looks at her. I mean, she doesn’t make it obvious to Kelsey, because, you know, whenever Kathie and them had her, it was brought to my attention that Kelsey, every time she went there from me—every time she went back there or before she left they stripped her down and checked her over and counted, you know, if she had any scratches or any bruises or anything. And so when I—when I got her back, she didn’t like—you know, most little kids don’t care if they run around naked. Kelsey just didn’t—it started bugging her. So she just kind of would look at her arm and her face and stuff and she’d always count her play bruises on her legs.
What was really said

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#3999 Jul 31, 2008
Mr. Garrett: Was Michael there at the house when she fell out of the bed?

Ms. Porter: No, no And that was a big ordeal.

Mr. Garrett: What was a big ordeal?

Ms. Porter: That—that they kept asking about that, that Kathie was—you know, that he was probably there.

Mr. Garrett: Was she insinuating Michael hurt Kelsey?

Ms. Porter: They’ve been insinuating that from the beginning.

Mr. Garrett: So they think Michael was mean to her?

Ms. Porter: They have insinuated that from that beginning. And they don’t even know—they don’t know him. They don’t know anything. But like I told—like my mom knew, I knew, whenever I –because I was single from the day Kelsey was born, even before that, up until I met Mike. So we knew that once I—you know, found somebody, something was going to happen, because it was okay for Kelsey to have a stepmom, but we knew it wasn’t going to be okay for her to have a stepdad. We just knew that.
WKC

New York, NY

#4000 Jul 31, 2008
What was really said wrote:
UNIDENTIFIED FEMALE AGENT: Did Jean look her over? I mean, as part of the visit does she physically look at—
Ms. Porter: Yeah, she just kind of looks at her. I mean, she doesn’t make it obvious to Kelsey, because, you know, whenever Kathie and them had her, it was brought to my attention that Kelsey, every time she went there from me—every time she went back there or before she left they stripped her down and checked her over and counted, you know, if she had any scratches or any bruises or anything. And so when I—when I got her back, she didn’t like—you know, most little kids don’t care if they run around naked. Kelsey just didn’t—it started bugging her. So she just kind of would look at her arm and her face and stuff and she’d always count her play bruises on her legs.
This can tell you that there was more into it. Maybe at that time she was already sexually abused.
What was really said

AOL

#4001 Jul 31, 2008
It also points out that Raye Dawn herself admits that the worker only looked Kelsey over. She did not strip her down or look over her entire body. We do not know what bruises Kelsey actually had between June and November.
WKC

New York, NY

#4002 Jul 31, 2008
RD as a mother should have know what was on her baby body...
I do not think RD was a good mother. Sorry. I do not belong to KP or to FKM. Just have my opinion.

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