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Kelsey's mom won't be retried

By Nolan Clay Modified: December 6, 2007 at 5:20 am •  Published: December 6, 2007

Another key complaint focused on District Attorney Richard Smothermon.

Smith's attorney contended the district attorney lives in Edmond, outside his district of Lincoln and Pottawatomie counties, so he was not qualified to prosecute her. Jones contends Smothermon has lied about where he lives and maintains a house in Shawnee as "a political disguise.”

The judge wrote that Smith's defense team spent consider-able effort on this argument, including "literally going through someone's garbage.”

The judge wrote: "The argument is irrelevant. Irrespective of where the district attorney spends the night, he was certainly clothed with all the mantles of the office and exercised all of its powers and functions. At worst, he was a de facto officer. No objection to his authority or any similar motion was raised at trial.”

Kelsey's stepfather, Michael Lee Porter, is serving 30 years in prison.

Porter, 27, 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.

Order: Motion for new trial for Raye Dawn Smith denied