A judge has concluded that the mother of Kelsey Smith-Briggs failed to prove juror misconduct at her 2007 child abuse trial.
Raye Dawn Smith, 30, of Meeker, was convicted of enabling child abuse and is appealing.
The conclusion by Kay County District Judge D.W. Boyd is not the final say in the appeal. The Oklahoma Court of Criminal Appeals now will review the judge's fact findings and legal conclusions. It then will decide whether to uphold Smith's conviction or order a new trial.
Kelsey, 2, died from abuse in 2005. Smith is serving 27 years in prison. No one was convicted of the child's death.
Smith alleged a juror, Brandi Oldham, did Internet research and watched television news about the case during the trial in Bristow. Oldham said she did not.
The judge heard from 12 witnesses Sept. 1.
The judge reported Smith failed to establish that the juror engaged in misconduct.