with his wife. He sleeps there at night, he parks his car there and he shops and does everything from his laundry to automobile repairs in and around Edmond,” Jones wrote.
"No effort is maintained, really, to disguise this fact. ... Consequently, he has no authority to investigate and prosecute this case and, apparently, continues as a prosecutor by a lie.”
Smith's trial was moved from Lincoln County to Creek County because of the pretrial publicity in the first county.
Smothermon said Monday, "I'm disappointed that the defendant has chosen to personally attack me and my prosecutors rather than the evidence. ... I am a resident of my district, a fact recognized by the Oklahoma State Election Board, and, ironically, proven by the defendant's exhibits. All of the propositions are filled with bold allegations, lacking any factual basis and designed to draw attention away from the fact that ... Smith was convicted of enabling child abuse.”
In the legal brief, Smith again claims she was only prosecuted because the district attorney feared the political prowess of her former mother-in-law, Kathie Briggs.
Her attorney wrote Briggs' efforts led to a judge's defeat and Smothermon "realized his own political vulnerability to Ms. Briggs.”
Briggs on Monday declined comment. "I'm used to that kind of stuff,” she said.
Smith's attorney revealed that since the trial, he has sent X-rays of Kelsey's broken legs to an expert in California who determined they were "bilateral oblique fractures,” a kind "usually associated with falls from swings, slides, trees, etc.”
A key prosecution witness, a doctor, testified at trial Kelsey suffered spiral fractures from abuse like when someone slings a child by the leg in anger.