While Kelsey's father was in Iraq fighting for our country Kelsey Briggs was here fighting for her life. She lost that battle. The mother of Kelsey Briggs sobbed, "I don't understand. Help me," in court after jurors found her guilty of allowing the girl to be abused.
Jurors chose a punishment of 27 years in prison for Raye Dawn Smith. She lowered her head into her hands and wept as the trial judge, read the verdict — guilty of enabling child abuse. Jurors deliberated about two hours and 35 minutes, asking the judge at one point in a note if they had to be unanimous on punishment. The judge replied yes. Smith, 27, was handcuffed behind her back after the verdict was read at 5:30 p.m. Wednesday and was led away by sheriff's deputies. She told her attorney, "I don't understand. I love my baby."
System called into question Kelsey, 2, died Oct. 11, 2005, at her home near Meeker after months of suffering broken bones, bruises and other injuries. (On October 11th, 2005 at 1:30 p.m., an Oklahoma DHS worker visited Kelsey for the last time. That worker said everything looked fine, about two hours later Kelsey Died)
The tragedy exposed serious flaws in how the state protects children because, at the time of her death, both the state Department of Human Services and a judge were overseeing her care because of abuse allegations. "There had to be times when you said, 'How does this happen? How does the system fall apart?'" prosecutor Pattye High told jurors in closing arguments. Smith was convicted of enabling child abuse, accused of allowing her then-husband, Michael Lee Porter, to injure the child.
Prosecutors allege Porter, 27, abused the child and eventually sexually assaulted and murdered her and that Smith did nothing to stop it.
"It was pretty obvious she knew what was going on and seemingly didn't do anything about it," One juror said. Kelsey's father, Lance Briggs, (who was Serving in Iraq at the time of Kelsey's Death) called the prison sentence fitting. "I was relieved," he said. "What this was, right here today, was justice for my daughter."
Briggs, who was returning from military duty when Kelsey died, said, "The horrible, horrible part is she could have prevented it. She's over there crying when they read the verdict. ... She could be out playing with Kelsey right now and not in handcuffs." District Attorney Richard Smothermon said, "I always knew if we got in front of 12 people and were able to put the speculation aside and put the true evidence out that the jury would see it the way they did." He said the verdict tells parents that they have to step up if they see abuse. "I hope somewhere she's smiling down. I hope she is," the district attorney said of Kelsey. Prosecutors cite accountability
Smith was charged with child abuse or enabling child abuse. Jurors were told they could only convict her of one of the crimes. Her defense attorney, Steve Huddleston, said he was shocked at the outcome. "I wouldn't have expected it in a She wasn't going to plead. She didn't feel that she did anything wrong, and we took it to trial. Smith had faced up to life in prison. Kelsey's stepfather, Porter, is serving 30 years in prison. He once was charged with sexually abusing and murdering Kelsey but pleaded guilty to a lesser charge of enabling child abuse after reaching a deal with prosecutors. He and Smith wed on April 18, 2005, and divorced after Kelsey died. Smith wept during closing arguments as prosecutors said she was just as responsible for Kelsey's death as Porter.
"Tears do not absolve you of your accountability," Smothermon told jurors in closing arguments. "The path of inaction caused Kelsey Shelton Briggs to be murdered. You can't ignore that. ... This child was murdered. This child was murdered because her mother allowed it to happen." The district attorney said Smith was on notice her husband was hurting Kelsey, pointing to testimony that Kelsey in May 2005 said to her mother, "Daddy Mike hurt my head." He also pointed to testimony that Smith had called her mother in the weeks before Kelsey's death with concerns after the stepfather taped Kelsey's eyes shut while playing. Smith's mother testified earlier, "We was starting to watch him."Defense tried to raise doubts
Jurors in the trial heard from 22 prosecution witnesses, 10 defense witnesses and two prosecution rebuttal witnesses. Smith did not testify.
The prosecution witnesses included Porter, who denied hurting Kelsey and blamed his ex-wife for the death. Porter also said he saw Smith abuse Kelsey three times.
Many are pointing to Kelsey's death as as an example of how the judicial system and DHS fail to protect children. Kelsey died four months after a judge returned her to her mother, despite suspicions the mother had abused her.
Lance Briggs, father of Kelsey Briggs, makes a statement Wednesday outside the Bristow Municipal Building while his mother Kathie Briggs, center, and sister Shirica Howard, left, look .. a jury returned its verdict in the child-abuse case of Raye Dawn Smith, Kelsey's mother.
Jurors learned during the trial that Kelsey suffered a broken collarbone in January 2005 and broken legs in April 2005. She repeatedly was found to have bruises on her face and body and twice bumps around her nose. DHS first became involved after her stepmother on Jan. 14, 2005, found bruises on her body and face and red prickly marks on her rear.
Kelsey was returned to her mother just four months before her death after a judge ruled that the person who had abused her wasn't known. Stop child Abuse!- If you would like to help or would like more information or/ would like to join Kelsey's Purpose: Just tell them which video you saw!http://kelseyspurpose.org
