Kelsey Smith-Briggs 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.
DHS Coverage Continuing coverage of Oklahoma's Department of Human Services from The Oklahoman and NewsOK.com
BRISTOW — The mother of Kelsey Smith-Briggs used her moment to speak at her formal sentencing today to say to her former mother-in-law, "Kathie, I forgive you.”
The judge then ordered Raye Dawn Smith to serve 27 years in prison for enabling child abuse.
The sentencing lasted only four minutes.
"She's demented,” Kathie Briggs said afterward.
"I did have to chuckle just a bit,” Briggs said. "She still blames the people that tried to save Kelsey. I was terribly shocked. She finally had a chance — one last chance — to stand up and say, ‘I'm sorry, Kelsey,' and instead she addressed me.”
Jurors in July found Smith guilty of allowing her then-second husband to abuse Kelsey. They chose the punishment of 27 years.
Kelsey, 2, died on Oct. 11, 2005, at her home near Meeker. Doctors determined she died from abuse. Jurors heard testimony that Kelsey had been abused for months, suffering broken bones, bruises, a sexual assault and other injuries.
Smith, 27, still contends she is not guilty. Today, she could have asked the judge to suspend all or part of the punishment but chose not to. Her new attorney, Stephen Jones of Enid, plans to ask for a new trial.
"An injustice has been committed here,” Jones told reporters after the sentencing. "The evidence that would clear Raye Dawn was not heard by the jury. ... Some of the evidence was false, overstated and went beyond reasonable medical certainty.”
Smith did not testify at her trial. At today's formal sentencing, Jones told Judge Paul Vassar she wanted to make a statement. Smith then stood, looked toward her former mother-in-law in the second row and said, "Kathie, I forgive you.” She sat down without saying anything else.
Some in the crowded courtroom laughed briefly. The judge called for quiet and finished the sentencing.
Jones and Smith's mother would not say afterward what she meant by her statement. However, at trial, defense attorneys suggested to jurors that Briggs used her political clout to get prosecutors to charge Smith.
Briggs has been outspoken in calling for justice for Kelsey. Her efforts have led to a new law and contributed to the defeat of the Lincoln County judge who returned Kelsey to her mother four months before the death.
Also, Smith has suggested Briggs is to blame for some of Kelsey's injuries.
"I have always felt this was a conspiracy against me,” Smith claimed in an Aug. 2 statement written for a report to the judge. "I also believe that there are people guilty of things running free. ... Kathie Briggs knows I didn't hurt Kelsey, and she knows I didn't sit back and let it happen.”
Under Oklahoma law, Smith must serve almost 23 years — 85 percent of her sentence — before she is eligible for parole.
Smith wore a black pants suit and white blouse. She was handcuffed and had ankle chains.
Kelsey's father, Lance Briggs, called Smith's statement in court "mind boggling.”
"She doesn't get it,” he said. "No remorse.”
He was returning from military duty when Kelsey died.
Kelsey's stepfather, Michael Lee 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. In her Aug. 2 statement, Smith wrote, "If I could've seen into the future I never would've dated Mike Porter.”
After the sentencing, Smith's mother, Gayla Smith, told reporters, "Kelsey was very, very special to all of us, and her mother loved her more than anyone can ever imagine. ... We, Raye Dawn's family, love her. We support her and we will dedicate ourselves to reversing this injustice.”
At the sentencing was Michele Reeves, one of the jurors. She said she was there for closure.
"She should have protected that baby with everything that she had,” said Reeves, 38, of Sapulpa. "There was no evidence showing she ever tried to protect her. It hurts to think that moms would do that. ... Don't know what her reason was for it but the evidence showed ... after being told numerous times that the child was being abused ... she just looked the other way.”
Reeves said jurors agreed right away during their deliberations that Smith was guilty but they compromised on punishment. Reeves said she wanted Smith to get a life sentence.
She said at one point one male juror suggested Smith get only one year. Reeves said she held up a picture of Kelsey and told the other juror, "This child was given life in a cold grave.”Reeves said she would have found Smith guilty of murder, if that had been an option for the jury.
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