The Truth About Kelsey

"I Will Survive!"

2010-11-16T19:49:00.000-08:00

Hebrews 10:32
...you need to stick it out, staying with God's plan so you'll be there for the promised completion.
...but we're not quitters who lose out. Oh, no! We'll stay with it and survive, trusting all the way.

"I will Survive!"

Lights of Peace Soy Candles

2010-10-08T06:40:00.000-07:00

To order:
http://www.thetruthaboutkelsey.com

(Label from candle...candles can be ordered without picture to give as a gift - select custom candle and add a note. Candles can also be made for other wrongfully convicted or for other lost children. Proceeds from all sales go to Raye Dawn Smith defense fund.)

Lights of Peace

Lights of Peace candles are made in support of Kelsey Smith Briggs and Raye Dawn Smith to be used in prayers for them and their family while Raye waits to return home.

Each candle comes with a picture of Raye Dawn and her daughter, Kelsey, who need prayers for peace.

The candles come in a variety of pleasing scents to fill the hearts of those who burn them with hope for justice and peace.

Proceeds from candle sales will go toward the Raye Dawn Smith defense fund.

Lights of Peace are all-natural, soy-based candles that are hand-poured on request. Soy wax is made from soy beans, which are a renewable resource and are not harmful to the environment when burned in wax form. Soy candles burn longer than other types of waxes and emit a stronger scent.

Prices:

16 oz. Jar Candle $15.00

10 Pack of scented Tea Lights $9

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Scents:

· Red Velvet Cake

· Rain Shower

· Ocean Breeze

· Almond Cake

· Baby Powder

· Spiced Pumpkin Pie

Special orders are available with an additional charge. To request a special order, send an email to jo@jodyortiz.com with the special scent you desire.

The Naked Truth Bound in Scorn is now available

2010-10-06T06:02:00.000-07:00

Want to know more about the case?

The Naked Truth Bound in Scorn is now available for sale on Jody's Web site. Copies will be delivered within the next week to two weeks (depending on mail service).

About the book

Have you ever had life by the tail where success grabs hold of you in your every endeavor? Would you be willing to risk the comfort of that success to reach out in defense of something you believe is wrong?

This is the true story of one such woman. Jody Ortiz began her journey of advocacy for truth and justice in a criminal case that involved one of her clients.

Through years of daily, dedicated, and thorough research of this case, Jody Ortiz has worked tirelessly to bring truth to the spin created by the local media.

In advocating against what Jody Ortiz believed was an injustice, Ortiz has in turn, suffered from mental and verbal abuse, cyber stalking, hacking into her personal e-mail accounts, attempts to destroy her business, threats of violence, false accusations, and the harassment of her friends.

All of this in an attempt to quiet her voice of truth and her passion for speaking what she fervently believes is a personal vendetta to destroy justice and sway public opinion.

As told by Ortiz in her own words, you will feel the crippling fear that overtook this private citizen and see exactly why we often aren’t presented with the full picture of an event as it unfolds.

In the end you’ll ask yourself, would I have the courage to do this for what once was a total stranger? We believe you will. And you will see that ultimately, truth does set you free.

Order your copy today at http://www.BoundinScorn.com. A companion book will soon follow.

Join Raye's family in prayer

2010-09-21T16:28:00.000-07:00

In all of our lives, there are choices that must be made.

We can choose a path of peace and forgiveness.

Or we can choose a path of revenge, doubt, fear, and hate.

Raye followed the path that her family has walked for five years when she publicly forgave her ex mother-in-law for launching a campaign of hate and revenge against her after Raye lost her precious child to the hands of a man who deceived her. Raye has continued to follow that path throughout the days of her wrongful conviction.

As a result of her chosen path, God has placed many caring and compassionate people in Raye's life and the lives of her family members. We are all thankful for those who have blessed Raye along the way and to those who lift her up in continuous prayers and shield her heart against the untruths that are continuously told against her.

Today is the United Nation's International Day of Peace. Join us as we pray for peace to all of those who have chosen the path of hate and revenge.

Christianity: Soothing the conflicting shadows of our own soul, may we know peace; Loving our neighbors as ourselves, may we do peace; Vanquishing our hatred of difference, may we learn peace; Confronting injustice and indifference, may we teach peace; Serving God may we find peace ...and live in peace together.

Islam: May God's peace and mercy and blessings be upon you. Oh God, from you comes peace. You are peace. Spread peace through your greatness and vastness.

Hinduism: The Supreme is perfect and complete and all emanations from the Supreme, including this world and all living beings are perfect and complete...may we always strive to see one another as God sees us--as perfect and complete.

Buddhism: May all beings be peaceful, May all beings be happy, May all beings be safe, May all beings awaken to the light of their true nature, May all beings be free.

Judaism: Grant universal peace, Oh God, with happiness and blessing, grace love and mercy ...you have given us a guide to a life of caring, filled with generosity and contentment, kindness and well-being...may it please you to bless all your people in every season and at all times with your peace.

Learn more about the International Day of Peace at the following link.

http://www.huffingtonpost.com/janet-haag/become-one-with-a-million_b_732139.html

Evidence of a violent past

2010-08-11T17:04:00.001-07:00

From the archives of The Shawnee-News Star:

November 23, 1997
Section: News

Three to face charges in beating
PAULA niBRIDE SNS Writer

The three young men who beat a 20-year-old male at a party earlier this month will face charges of aggravated assault, said Pottawatomie County sheriff's deputy Mark Young.

Joseph Medley, 20, Cass Merrill, 21, Richard Ellis, 21, and Paul Smith were at a party in a field on Munson Road between 45th Street and MacArthur Nov. 1 when the victim drove up, Young said.

The victim, Lance Briggs, also known as Lance Robinson, 20, said he was hit from behind when he got out of his pickup truck at the party.

According to witnesses, Briggs was knocked to his knees by Medley, who then struck him several more times.

The other men allegedly joined in the beating.

Two witnesses reportedly told the sheriff's deputy Merrill pushed Briggs into a nearby fire.

"Briggs suffered major burns on his left arm and had severe head and facial injuries," Young said.

The victim was treated and released that night at Shawnee Regional Hospital.

The hostility between the two men apparently began more than a year ago, Young said.

The deputy said Medley said he was hit on the head with a beer bottle, allegedly by Briggs, last year.

Briggs told the deputy someone else had struck Medley with the bottle.

July 15, 1998

Shots damage house, cars near Meeker
MICHELLE BOYD WATERS SNS Staff Writer

A spray of bullets fired at an occupied Meeker area house damaged a sliding glass door and two cars early Saturday.

Several adult and two juvenile occupants of the house, three miles west of Meeker on U.S. 62, reported no injuries at the scene, according to Lincoln County Sheriff's Office Undersheriff Chester Duncan.

Lance Briggs, a resident at the home, had been assaulted and thrown into a fire during an altercation a few months ago in Shawnee, Duncan said.

The undersheriff said his office is investigating whether or not there is a connection between the earlier altercation and Saturday's drive-by shooting.

Deputies at the scene discovered that bullets or fragments of a bullet shattered the sliding glass door on the home and two bullets struck each of the two vehicles parked in front of the house.

"At least five rounds were fired," Duncan said. "We have some suspects, but (the residents) didn't get a vehicle description."

The undersheriff said the shooters fired the rounds at the home from the highway.

Several families were inside the house, including at least two small children.

No one was outside the home, Duncan said.

Deputies Dale McNelly and Clarence Gibson responded to the scene from the area of U.S. 62 and U.S. 177 -- three miles from the shooting scene.

Deputy Mike Bennett arrived at the scene later.

Evidentiary hearing set in Kelsey Smith-Briggs case | NewsOK.com

2010-08-01T10:15:00.000-07:00

Finally! A fact-based article from The Oklahoman.

Evidentiary hearing set in Kelsey Smith-Briggs case
Judge plans to hear testimony about alleged juror misconduct during mother's 2007 trial.

BY NOLAN CLAY Oklahoman Published: August 1, 2010

NEWKIRK — The mother of Kelsey Smith-Briggs will be back in court Sept. 1 for a fact-finding hearing on the "strong possibility" of juror misconduct during her 2007 trial.

Kay County District Judge D.W. Boyd is holding the hearing to gather evidence for the Oklahoma Court of Criminal Appeals.

The dead girl's mother, Raye Dawn Smith, is serving 27 years in prison for enabling child abuse. Smith, 30, is asking the appeals court for a new trial. A decision could come late this year.

The appeals court July 2 ordered the evidentiary hearing. The appeals court found witness statements filed in her appeal "contain sufficient information to show at least a strong possibility that a juror received information outside of the courtroom."

At issue is whether a female juror during the trial watched television coverage of the case and checked an Internet site devoted to Kelsey. A former co-worker claims the juror admitted to doing both.

The former co-worker also claims the juror during the trial "told me... Smith should fry... looked like a junkie, was trash and no good."

Jurors are supposed to avoid the news during a trial, not form any opinions until all the evidence is presented and not do any research outside the courtroom.

Kelsey, 2, is the Meeker girl whose death from abuse in 2005 became highly publicized.

Many Oklahomans were angered because she died even though DHS workers, a private child-welfare worker and a state judge were overseeing her care because of her repeated injuries.

The death prompted reform legislation and a lawsuit by the girl's father. The state last year paid $525,000 to settle the lawsuit.

The juror, Brandi Marie Oldham, said in an affidavit in 2007 that the jury deliberations and verdict "were based solely on the evidence we received in the courtroom during the course of the trial." Oldham on Friday declined to comment to The Oklahoman about the case.

"Sir, you need to not contact me," she said to a reporter when reached by phone at her work in Jenks.

The former co-worker, though, claims she called him several times daily during the trial with an update on what was going on.

In a 2008 affidavit, Ronald Todd Bowman, of Sapulpa, wrote the juror "admitted to me daily that she watched the television news coverage of the trial... and made statements to me that the news didn't know what she knew about the case."

Bowman also stated the juror "advised me... during the trial she and the other jurors looked at the Kelsey website to see what was on it and to see what information was being added."

The website, Kelsey's Purpose, was created after the girl's death and at times had information critical of Raye Dawn Smith.

Bowman wrote he and the juror then worked in Sapulpa at a home health care agency. He wrote he had hired her and was training her to take over his position. In a separate affidavit, Bowman's roommate, Sean Clack, wrote in 2008 that he overhead the daily conversations.

"Ms. Oldham admitted to Mr. Bowman that she often went on the Internet and conducted research about Ms. Smith's case during the trial. She would check and see what was being reported about the case online," Clack stated. "Ms. Oldham also admitted to my roommate... that she had reviewed the Kelsey Briggs' website during the trial. Ms. Oldham told Mr. Bowman numerous times she was bored with the whole thing."

Men may testify

The mother's attorney, Stephen Jones of Enid, said the two men probably will testify at the hearing.

"I think she did that," Jones said of the misconduct claims. "There would be no reason these two guys would misrepresent it."

The prosecutor, Lincoln County District Attorney Richard Smothermon, said Friday he expects the appeals court will uphold the conviction.

Asked about Bowman's statement, he said, "I think the evidence will show that not to be true."

"Based upon the interviews that I have done since the trial with the jurors, I don't believe there has been any misconduct," the prosecutor said.

Kelsey died on Oct. 11, 2005, at her home near Meeker. The death was ruled a homicide but no one was convicted of murder in her case.

Kelsey's stepfather, Michael Lee Porter, 30, was charged with first-degree murder and child sexual abuse but pleaded guilty to enabling child abuse. He is serving a 30-year prison sentence. He blamed the girl's mother for her death.

The mother was never charged with murder. Jurors on July 18, 2007, found her guilty of enabling child abuse and compromised on her punishment. Some wanted more time and some wanted less, a juror said afterward.

Smith blames Porter for Kelsey's death.

During 2005, Kelsey suffered repeated injuries, including two broken legs and a broken collarbone, and was taken from her mother for a time. Her death came four months after the state judge returned Kelsey to her mother, despite accusations the mother was the abuser.

The evidentiary hearing was assigned to a Kay County judge because the trial judge is retiring.

Following is the letter from the juror's former boss along with witness affidavits. There have been five jurors that have come forward since Raye's trial to state that something went wrong in the trial. Hopefully justice will finally be served with these jurors' voices being heard. Raye deserves a fair trial with an impartial jury that is sequestered and not subjected to the antics of biased members of the press and the Briggs family. Justice will be served with the murder and sexual assault charges heard in a court of law against the man home alone with Kelsey at the time of her rape and murder.

The Oklahoman article can be found at the following link. Of course the bullies have already left comments in an effort to sway public opinion.

Evidentiary hearing set in Kelsey Smith-Briggs case | NewsOK.com

Bill Roberson vs Richard Smothermon - The choice is clear

2010-07-23T06:16:00.000-07:00

Although I'm not a resident of Lincoln County or Pottawatomie County, I feel the current district attorney needs to be replaced since he allegedly aided in the bullying, stalking, cyberbullying, and harassment of myself by giving my personal information to the cyberbully gang, Kelsey's Purpose.

If one were to look into the reason Richard Smothermon was fired as district attorney of Payne County, and they questioned his current staffers, they would realize that his morals are questionable, at best.

A man who cheats his family will cheat his community.

Richard Smothermon wasn't a legal resident of either of the counties he represented until a private detective working on a wrongful conviction case that Richard Smothermon pushed brought this fact to the public through research for an appeal. He falsified his application to be district attorney. (Evidence available at http://www.thetruthaboutkelsey.com/Richard%20Smothermon/Smothermon.htm)

The choice is clear...a man with morals, or a man who will do anything, even put a private citizen in harm's way, to appease one family in order to boost his political aspirations.

Have a blessed day!

Richard Smothermon - A wrongful conviction under his watch

2010-07-16T09:59:00.000-07:00

The following email is included in my book, The Naked Truth Bound in Scorn, and was authored by Kathie Briggs, the paternal grandmother of Kelsey Smith-Briggs. This email was written after the June, 2005 hearing during which the decision was made to place Kelsey back in the home of her mother, Raye Dawn Smith. Kathie Briggs distributed this email to many officials in the effort to clear her son's name from the list of possible perpetrators of Kelsey's abuse. She has claimed she emailed hundreds of people in order to get someone to save Kelsey. Read it for yourself and you be the judge.

At the time of this email, Kathie Briggs had given up her visitation of Kelsey because she didn't want to be supervised during her visits. As you can tell from the language, there is no worry that something will happen to Kelsey, she's only worried about supervised visits and parenting classes.

Also, Kathie has made the statement several times that 1) Her visits were taken from her, 2) she could not appeal the judge's decision, and 3) that Ashley stole money from Lance because he had thousands of dollars in his account. This email in her own words clears up all three of these lies among others.

You can read more evidence such as this in my book.

My question is, why would a district attorney like Richard Smothermon team up with a proven liar and convict someone that he told multiple people "She's innocent but I have to charge her with something"?

We need your help in clearing the name of a soldier fighting in Iraq.
My son, SPC Lance Briggs, was an IRR in the US Army and was called up and reported for duty on September 11, 2004. We took him to Ft Leonard Wood, MO, where he began additional training. He was injured and put on Medic Hold while he underwent two minor surgical procedures on his back. During this time he was able to come home on government holidays. In Feb. he was sent to Ft Dix, NJ for more intense training. He flew home for his last visit here in April 4th and left on April 11th. That following week he was flown to Ft Benning, GA, and on May 2nd he left Kuwait. He is stationed at Camp Arifjan with the 1864th Transportation Unit out of Nevada. His mission is to deliver supplies all over Iraq. We know his job is one of the most dangerous and pray for his safe return. In his six weeks there he has lost one of his fellow platoon members and was at the Baghdad Airport when it was hit with a mortar attack.
Now for the reason I’m writing. The story is long and complicated, but I will condense it as much as possible. My son has a 2 yr. old daughter, Kelsey, from his first marriage. We did not know that she was his until she was three months old and then asked for a DNA. He had moved on and was about to marry again. He then began his first legal battle for standard visitation. When he was called up for active duty I went to court and asked for his visitation and it was granted. We wanted Kelsey to have the opportunity to see videos of her Daddy while he was gone and to interact with his family so when he came home it would not be such an adjustment. We also have six other Grandchildren and we want her to feel as much a part of our family as they do. The natural mother contested this. She did not want the new wife to see Kelsey. My new daughter-in-law is the dream step-mom. Never have I seen someone so loving to all children and not just Kelsey. She is a natural born mother even at age 21. In our family we don’t use the word “step” unless absolutely necessary, we just love each other regardless of blood. The visits were going okay until Jan 8th when the mother did not show up with Kelsey. I tried to locate her, but calls were not returned. I knew it was possible the holidays had thrown her off schedule so the following weekend I went back to our exchange spot and she was there. She explained Kelsey had fallen off her bed and broke her clavicle. I took her to my house where we were having a birthday party. It was Jan 14th and my son was here because of ML King’s birthday. Two hours later he and his wife went to her mothers house and took Kelsey with them. When they got there and started to change her they noticed 29 bruises and multiple abrasions. The police were called and she was taken to the ER. The Meeker police were also called and they were to call DHS. They determined it was an accident and forced us to give her back. We contacted our attorney, [name withheld for privacy], of Stroud and got an emergency order. We went to court on Feb 4th and we received guardianship. The mother tried to point the finger at my son. It was determined he could not have done these injuries in the three hour window. The mother was ordered by DHS to take Anger Management, Parenting Classes, and Drug and Alcohol Assessment. She was given supervised visitation with her mother for three days per week until March 11th. At that time she was given unsupervised visitation on each Wed.-Thurs. and then from Fri-Mon. She actually had her more hours than we did. During this time the mother had a new boyfriend. We felt uncomfortable with him being present during the visit after some of the comments Kelsey had made. We asked for this to be put in the court order. We did not receive a copy of the court order for seven weeks so we did not know what our guidelines were.

[Something that Kathie Briggs and her group have highly criticized Raye for was marrying Mike Porter in April even though according to the court order he wasn’t to be around Kelsey. If this statement is true, the court order wouldn’t have been given to anyone until May of 2005, after Kelsey was removed from Kathie’s home after breaking her legs under Kathie's care.]

The mother said her attorney, [name withheld for privacy], would not sign off on the order because he wanted to see if I did anything wrong. Several times she came home with some bruises and we documented all of them and had people look her over for our protection. The mother had a history of accusing others and our attorney advised us to do this. In March she came home with a bruised nose. As the day went on it swelled up so I took her to the ER and they called DHS. I thought the computer must have Kelsey red flagged for any injury. The following morning DHS scolded me for not calling them sooner. They had previously told me not to call unless I suspected abuse. It is hard to know how to determine one bruise. We also asked the court order to be set up, so if Lance got any leave before shipping out he would get Kelsey during that time and it would take away from everyone else’s time. On Apr 4th when Lance home we had just picked Kelsey up and she had bruises so my daughter-in-law called DHS so they would not think Lance had done it. He left on Apr 11th and the mother called the following day wanting Kelsey to make up for missed days. I called my attorneys to see if I should and he was out so I called DHS and was told this was not a DHS case and I should not contact them unless Kelsey was hurt. So I let her go. I had been told by a caseworker that I needed to work with the mother to help reunite her with Kelsey. It was never a goal of mine to keep Kelsey indefinitely. I had hoped the mother would take her classes and get Kelsey back once it was determined she would be safe. The mother returned Kelsey to me on Apr 14th with a sprained ankle. She went to the zoo with an aunt and fell off her platform shoes. Sounded odd that after begging for more time she would go to work and let the aunt take her. I don’t think anyone contacted the school that sponsored this trip to see if the injury actually happened there. My daughter-in-law called the DHS hotline to report the injury and then DHS scolded us for calling. The mother picked her up the following morning to take her to DHS for an assessment and kept her for the weekend. She was returned on Apr 18th and we were told her foot was still bothering her. The mother had also married earlier that day. We had enrolled Kelsey in a Gymnastics class three weeks prior to this injury and the mother was not happy. We invited her to come to the classes, but she did not. She had a class that night, but we did not take her. The following day I took her to Wal-Mart and she wanted to walk, she took four steps and said, “can’t”. The next couple of days she would stand by furniture and put her weight on the good leg and would crawl or would want me to carry her. I babied her and knew sprained ankles take time to heal. I asked people what they thought, but really wasn’t that concerned. On Thurs the 21st I went to the school to pick up other children ad she took five or six steps and sat down on the sidewalk. Thirty minutes later her mother picked her up for her weekend. This is where the nightmare begins…On Mon the 25th the caseworker called and said the mother would be late bringing Kelsey home. She was in their office and both of Kelsey’s legs were swollen and hot to touch. The mother said that was how she was four days earlier when she picked her up. I had no idea what they were talking about and they just kept talking to me as if I knew she was injured more. Several teachers and the school nurse had seen Kelsey thirty minutes before she was picked up and I told them that to call them to verify she was fine. She stated they told the mother to take her to the doctor. Two hours later they called to say both of her legs were broken. The Doctor in Shawnee stated the first one must have been a missed diagnosis of the sprained ankle and the second one was as stress fracture from over compensation. They did not suspect abuse. I spoke to the Doctor myself and she assured me this was unusual. We found out later this Doctor was the sister of the Attorney for the mother. The DHS worker told the mother she could keep her another day and take her for the cast the following day. I questioned how they had the right to let her keep her when I was the legal guardian, but it did not matter. The casts were put on and we went back to our schedule. During this ordeal, Kelsey was having some hair loss. The mother took her for blood test and everything was normal. I discussed this with this same Doctor and she told me she was not concerned and in a month we would test further. Once again I did not know she was the Attorney’s sister. I did some research on hair loss and read stress could cause the air to fall out. I worried we could be the ones causing stress by keeping her from her Mom and the back and forth schedule. I even talked about petitioning the court to let her go home early. Then I realized after a comment Kelsey made the stress might be at the mother’s house and we were her safe place. The hair started growing back and I even showed it to the DHS workers, but later in court it became an issue. The casts were on and she was miserable. A healthcare professional that worked for a foot doctor stated we should get a second opinion. She stated it was unusual for a 2 yr old to have two broken legs. She also stated sometimes growth plates have not fully closed and they look like fractures. She had her office make a referral to Dr. S. at the OU Physicians Clinic. I asked the mother if she would like to take her. She said “yes”. That night she called and was concerned if the doctor in OKC suspected abuse they would take her into custody in OK County. I told her I couldn’t imagine abuse being suspected. The mother had a death in the family and could not make that appointment and wanted me to reschedule. They could not see us for two weeks so I took her. Dr. S. told us that Kelsey did not have toddler fractures, and they were not stress fractures, but that some one had broken Kelsey’s legs. I did not know at the time that he had already showed the x-rays that I had provided to two other Doctor’s for their opinion and they all agreed. I did not expect to hear this. I called Lincoln County DHS the following morning to tell them what the Doctor said. That afternoon they called and wanted us to bring Kelsey to them and were placing her in a foster home. At the same time they were telling me this, my son beeped in and I told them I need to talk to Lance and please call back in five minutes. I spoke to my son; he had just landed in Germany and was leaving for Kuwait. I did not tell him what was going on because at that moment I did not know myself. When DHS called back they wanted to know if I told him. I explained he was in a war situation and I only had a couple of minutes on the phone and I couldn’t tell him yet. They wanted his address or phone number, which I did not have at that time. My daughter drove Kelsey to Chandler, I just could not handle watching her go off with strangers. The next day after letting us worry all night we were told they gave her to the maternal Grandmother. We went for a just cause hearing and it was determined that the broken legs could have happened at either house and since the mother had pointed a finger at us she could not be left in our home. Even though the mother did not take her to the Doctor from Thurs until Mon. My husband and I were given 4 hours per week of supervised visitation at the DHS office for the next month. The mother was given the same thing. During this time DHS was conducting an investigation. We provided them with names of people who saw Kelsey the day she was at my house and they never contacted any of them. My grown daughter and her two children had moved in with us and she called them and asked to be interviewed. The school nurse finally contacted them, my aunt that had been at my house finally called them. They never contacted me for an interview, I finally called them and then she only asked me questions about the visitation schedule. They interviewed my husband after the just cause hearing for a few minutes. My daughter-in-law finally called them and so did her mother. They were spending time with the mother and her husband and I knew something was not quite right. During one of the visits Kelsey saw her step-dad go past the window and got hysterical and said she did not want to see him. She even told the worker she did not want to see “Daddy Mike”. They made her anyway. Two other times while in my visit she stated, “Daddy Mike hurt my legs”, but both times the worker was talking instead of listening. I always took Kelsey books and projects to work on and a video of her Daddy. It was a strange setting, but I made the best of it and tried to make each hour a quality hour. We went back to court on June 14th. The CASA worker had been on the job for six weeks. She said she got her child abuse training from Girl Scouts. She also stated she interviewed the mother, the step-dad, the day car provider, and one of the mother’s fellow employees, which happened to be her own sister. [This is one out of many false statements in the email. The CASA worker called the woman “sister.” She wasn’t actually her sister.]

She stated when I visited, Kelsey screamed, kicked, pinched, and bit me. [Read DHS visitation logs here.]

This was not all true. She also recommended that Kelsey be given back to the mother and we get one hour supervised visitation per month. She also recommended my son be given the same visitation when he returns. She also stated that Lance was allegedly in the Army because they did not have his address and she could not locate him through Government agencies. I really knew we were doomed at this moment. The DHS report was given to our attorney when court started. We were shocked at some of the things in it. There were many allegations made towards my son, his wife, and me that were unbelievable. The interviews from most of our family were either missing or partially reported. Dr. S. had done a deposition that the Judge was reviewing the following morning. Our attorney believed after he saw it he would have to rule in our favor. In the DHS report it stated I had broken a court order when I let the mother have Kelsey for the make-up visitation so I failed to protect. DHS also broke the court order as stated by the supervisor when they allowed the mother the extra day. The next morning the Judge came in and without explanation dissolved the guardianship and stated he over ruled anything the DHS recommended and he was returning the child to the mother and the grandparents would not be allowed to see her. The next court date is July 14th. The way I understand it that is when he will tell us if we have to take any classes. It is very difficult to not see our Granddaughter, but it is harder for my son to not have any contact with her either. At this time I’m fighting to clear his name from all of this. They have him listed as an alleged perpetrator. He was not even here during any of these injuries. I feel they are slandering his name while he off fighting another war and when he comes home he may not be able to see his child. We were also told he might have to take classes as well. When he and the mother were married they both drank too much and did drugs.

[This is different from the perjury the entire Briggs family committed in January by stating that Lance never did drugs or drank too much.]

They battled constantly and she states he was abusive and I cannot deny or confirm that.

[Witnesses and other evidence prove he was abusive with blackened eyes, a bloody nose, and bruises around her neck]

We did witness her out of control and hitting Lance on two occasions. After their divorce he went to rehab, attended anger management classes, and when he found out Kelsey has his child he on his own took the divorced parents class and he and his new wife took parenting classes. These are the same classes the mother took after Kelsey was injured and they think she is fit to raise her now. Lance has done nothing wrong since Kelsey was born. He had a steady job where he was drug tested; he purchased a house and was excited about being a father. When he was called up to serve our country he knew he would miss a lot with his wife and child, but we come from a long line of proud military family members and he was ready to do his part. Now he is fighting two wars. He has tried to call his daughter since she was returned to the mother, but they never answer. Our attorney says we can appeal this decision and is shocked at how the ruling went.

We could have provided more information to prove the mother and her husband have an abusive relationship as well, but we were stupid and did not want to get other people involved.

We want to appeal, but at this time our financial situation will not allow for that. My son knew while he was gone he could save money for his family and get his truck fixed. So far everything extra he would have had has gone to legal fees.

Then when he comes home he will have his name attached to a deprived child petition and have to fight to see his child all over again. I do not believe this is how our military should be treated and I’ve talked to DHS and was told there is no appeal process for their reports. How can this be fair? I have always told my son to do the right things in life and the system will work for you. Well something has gone terribly wrong in Lincoln County. We have heard that Lincoln County is one of the most corrupt counties in the state and now I believe it. I have contacted the State DHS and have had little response. You know the old saying, “the squeaky wheel get the grease”, well in Oklahoma the squeaky wheel get the shaft. My daughter-in-laws step-dad is [the governor’s wife’s] cousin and he is trying to contact her as well. The bottom line is we do not know where to turn. The mother has had an alcohol problem since high school, she has received one DUI and the Meeker Police testified to letting her off of another one. The alcohol assessment test states she has a low risk of using alcohol, but we just found out she has two bounced checks at the liquor store in Shawnee. One was five days before she got Kelsey back and the other was for seven days after she got her back. We are concerned for her safety. Raye Dawn has told the DHS many stories claiming abuse by Lance and even claimed he caused her to lose her first baby. I was with her at the hospital and this is not true. She is trying to get sympathy from these workers and it is working. She also claimed abuse by her boyfriend previous to her marriage to Lance. They have written these allegations as fact in this report, which seems like slander. We need help to clear my son’s name and would like to see Kelsey again. It is not easy to ask for help, but my son has given up his freedom to fight for us and someone needs to fight for him. I do not understand how a person in America can be tried in court when they were not only out of state when the abuse happened, but were not present in court and was never served papers and did not have council as well. Not to mention he was absent because our country called upon his services.

I have contacted almost every elected official in our area. Rep. S. and [name withheld for privacy] offices are the only ones in Oklahoma who shared any concerns. I had to get a Congressman from Nevada to give us any guidance and that is very sad. I feel it is time for the elected officials or someone, anyone in this state to help clear this soldier so that he may see his child when he returns home without restrictions.

[List of phone numbers removed for privacy]

Since I first wrote this letter DHS contacted my daughter-in-law and told her she could visit Kelsey at their office for 2 hours per month supervised. They also told her when Lance returns home he will get the same visit. Ashley has been given a service plan that she is more than willing to comply with. We were told Lance would have to have a service plan even though he was not here. That means if he gets a 15-day leave as some soldiers do he will see his 2-year-old child for one hour. We really feel she should be at the airport to see him arrive home. They need as much time together as possible to bond all over again. I still do not understand how this can be done to him. I do not know what DHS is telling people that justifies their actions. How can we fight what we do not know? How can a soldier do his job protecting the American people when his own rights have been violated? There is so much more to this story than I have written. This is just a summary.

Updated 8/3/05
Ashley saw Kelsey at the Lincoln County Office for one hour. My son was able to call her cell phone ad talk to Kelsey for the first time in six weeks. When shown a picture of her Daddy, Kelsey did not know who he was right away. How sad is this? That is why we asked for visitation in the first place. She stated Kelsey looked well and seemed well adjusted. We hope her Mother and her new stepfather are taking their parenting roles seriously and will give Kelsey a stable loving environment. I do feel as though the Lincoln County workers should be working with both families in building a common ground for Kelsey to live with for the rest of her life. It seems as though they have focused all of their resources on the mother and stepfather and have forgotten that we all need to get along. We cannot stay divided like this and expect Kelsey to have a well-rounded upbringing. She will always be stuck in the middle if someone does start to mend these problems now.

You can read more in my book, The Naked Truth Bound in Scorn.

Prosecutor Richard Smothermon Pushes False Charges?

2010-07-16T08:21:00.000-07:00

This article is from www.USObserverOK.com and was written in June or July of 2007. The facts in this article are still true with the exception that Raye faced a jury that had been tainted by Oklahoma media who perpetuated the story invented by the Briggs and Mike Porter to ensure a conviction of Raye that took away any hope of justice for Kelsey.

Kelsey Smith-Briggs - Murder & Exploitation
Prosecutor Smothermon pushes false charges?
Kelsey Smith-Briggs - a child, not a purpose.

By Barry Jon
Investigative Reporter

Lincoln County, Oklahoma - There is no more horrible, there is no more irreparable story than that of Kelsey Smith Briggs. The unnecessary death of a child pains and shocks communities to the core and its effects ripple into lives distant and unconnected. We hold our own children more closely and we demand answers.

Kelsey’s memory is entitled to have the real picture of her story exposed: a picture of deceit, and a picture of converging storms from which DHS and her mother could not protect her. A tremendous amount of time and effort has been put into our research and interviews; documents have been poured over and countless people have shared their knowledge to piece together the true story of the life and death of Kelsey. The lack of evidence to support the loudly publicized rendition of Kelsey’s abuse is as compelling as the evidence of what actually happened.

What stood out as our investigation progressed was how the system has been manipulated through deception and frequently told, outright lies. In the end, the amount of information compiled could easily fill another Grisham novel set in small town Oklahoma. A battle forged in Lincoln County became drawn unnecessarily along family lines. Every branch of state government, several agencies and countless people far from the town of Meeker have been directly affected by this saga, even if only on an emotional level. Yet the main characters around which this sad story revolves can be distilled down to six people: Kelsey herself, Kathie Briggs (the grandmother), Michael Porter (step-father), Lance Briggs (biological father), Raye Dawn Smith (mother) and District Attorney Richard Smothermon.

Our biggest problem in writing this article wasn’t finding people willing to talk, and it wasn’t gathering verifiable documentation or information contained in records; it was how to tell the story as concisely as possible. This tangled story is entirely about Kelsey, but we determined the best way to tell it would be to untangle it one person at a time.

Lance Briggs: Biological Father “You want to play games? You decide!” - Lance Briggs

A father should never have to bury his child. It chills the bones to even conceive of such a painful ordeal. In the process of unraveling Kelsey’s story we cannot forget the hurt surely felt by people in her life. Yet, in the unraveling we cannot fully understand Kelsey’s ordeal without uncovering the world into which she was born. That world, whether he wanted it to or not, very much included her father, Lance Briggs.

Research has shown that an intact and happy home is by far the best scenario for children. Why then did Kelsey’s mother, Raye Dawn, divorce Lance in the first place? Wouldn’t Kelsey seeing her mother and father together have been best? It was a long record of physical and mental abuse that preceded Raye Dawn’s escape. Make no mistake; Lance Briggs is a vicious physical abuser with a long laundry list of offenses.

Lance threw Kelsey’s mother against the wall and choked her with his arm for not “super-sizing his McDonald’s Value Meal.”

Lance Briggs sweats as truth comes out.

Lance reportedly, violently punched the pregnant abdomen of Kelsey’s mother causing a miscarriage in the summer of 2000. Police were called repeatedly during the marriage for assaults on Kelsey’s mother and advised her more than once to get a protective order. Lance pled to assault charges and was court ordered twice to attend anger management classes for his assaults on Kelsey’s mother and later on with girlfriend Marie Larsen. The final blow according to police records came in May, 2002 when Lance threw Kelsey’s mother against the wall and choked her with his arm for not “super-sizing his McDonald’s Value Meal.” What a hero! The injuries to her collar bone and neck were observed and photographed by police. When Kelsey’s mother, Raye Dawn, filed for divorce her pregnancy with Kelsey was so early on she was unaware of it. According to witnesses, Lance repeatedly, and against a temporary relief order, broke into her house and destroyed and stole personal items of hers only to leave them to be found in a nearby field and creek. On one occasion his mother even returned items that had gone missing when Lance claimed to have had no involvement. Yet he kept leaving notes asking her to take him back or threatening, “You want to play games? You decide!”

Lance’s second marriage to Ashley Gober was so terrible that the divorce was finalized only one month after the death of Kelsey. However, Lance doesn’t confine this physical and mental abuse to his wife. Lance was arrested just last year for assaulting two women when he broke into a former girlfriend’s house and dragged her by her hair into the front yard and now yet another protective order is in place. Police records reportedly show he even had a loaded gun with him. How many charges and how many protective orders have to be filed before a pattern of violence is established and properly dealt with?

When Kelsey’s mother, Raye Dawn, discovered her pregnancy she attempted to shield this child from the chaos of the Briggs family. In the end it was Kathie Briggs, not the father, who pushed for paternity testing. Originally, Lance didn’t want anything more than standard visitation. He didn’t push for custody; he didn’t show up for hearings and he even reportedly told people that he hoped the baby wasn’t his so he could move on with his life. These are not the actions of a loving father and certainly not the wonderful man he’s been portrayed as. Lance even admittedly lied to authorities regarding his military movements to avoid suspicion.

Upon Kelsey’s death, authorities attempted to contact Lance with the terrible news of his daughter’s death, but were unable to locate him. We hear over and again of how Lance discovered the news of Kelsey’s death right after getting off the plane from Iraq. Horrific news, but Lance and his mother Kathie appear to have been lying regarding his location and status as an American soldier. Lance wasn’t fresh from Iraq, but rather sources inform us he had been testing positive for drugs and was spending time in a military drug rehab center at Fort Benning, Georgia. Sources go on to tell that he was being threatened with a dishonorable discharge if he did not voluntarily leave due to possible military drug charges and physically assaulting a superior officer in Germany. Briggs claims to have received an honorable discharge but according to an Observer source he was discharged for being “no longer fit for military service.” Lance was initially scheduled to be back well before Kelsey’s fatal day with Michael Porter, but was fighting his own demons and not for our freedom. We encourage Lance Briggs to release his un-edited DD214 and his full military records to disprove our military sources – a small task for the hero his mother claims.

Not only should we be angry that the disgraced military service of Lance Briggs is being hoisted to war hero status, but we should be livid that it is being done on the memory of a slain little girl. This illustrates the level to which the Briggs have dropped in their attempt to use anything to pull at the public’s heartstrings to fulfill their agenda – an agenda of vengeance towards Kelsey’s mother, Raye Dawn Smith, for divorcing and filing charges against an abusive man. This is a man who couldn’t even protect his own marriages from himself.

Michael Lee Porter: Death by Deception

Michael Porter swept in as a confidence artist in shining armor. He was college educated (so he said), brilliant in his business dealings (miserably false) and had his own home (in foreclosure). Kathie Briggs has admonished Kelsey’s mother for not verifying all of this, yet she herself publicly denounced one of her own “would be” supporters for attempting to do the same thing regarding her.

Sadly, it wasn’t until after Kelsey’s death that Porter’s house of cards came crashing down. Even before Kelsey’s mother knew of the suspicions surrounding Kelsey’s death she called for an autopsy because she “wanted to know what her daughter died from.” Yet, Porter immediately questioned the need. Porter faked heart attack symptoms not once, but twice as the events following Kelsey’s death unfolded. He raved to DHS and investigators in a letter on what a wonderful mother Raye Dawn was, but plea-bargained to “allowing abuse” as if someone was left unpunished. Even after his arrest Porter was quite comfortable having Raye Dawn and her mother watch over his own children. Yet, sources tell us that District Attorney Smothermon may be calling him to the stand as a “credible” state witness stemming from his plea agreement.

It’s been reported to us that Porter’s own daughter shared with a school guidance counselor that her father told her “not to talk about what goes on at home” and that he would act loving towards Kelsey when her mother was around but would hit Kelsey when Raye Dawn was gone. She watched as her father hit Kelsey’s head against a brick wall when her mother was gone. One of Kelsey’s young cousins once witnessed him take Kelsey into a room and close the door and when they came out Kelsey was crying. This monster closely guarded his abusing secret like he did so many other lies.

Kathie Briggs: For the Love of Money

Kathie Briggs spent so much effort getting DHS, CASA, and the judge to chase Kelsey’s mother that sadly the gathering darkness of a real killer slipped in almost unnoticed.

When police in our nation’s capital focused on tips that a shooter was using a white mini-van to randomly execute innocent people, the real killers went unnoticed until police changed their focus. Scott Peterson had family and friends so sure of the great man he was, all the while hiding a financial downfall that ended with him killing his own wife and unborn child. Even Ted Bundy, one of America’s most notorious serial killers, was able to keep his family in the dark, yet Smothermon wants us to believe that trained DHS and CASA workers could overlook Porter but Kelsey’s mother, Raye Dawn, “should have known.” Raye Dawn was forced to focus on protecting her life and daughter from the manipulations Kathie and Lance Briggs.

“Take these kids or I will kill every one of them!” - Kathie Briggs

All too often when marriages fall apart the love and the feelings of extended family are shut out of the debate. The blessings of grandchildren are ripped from the nurturing wisdom of grandparents and these relationships are left empty and broken. But in contrast there can also be the meddlesome mother-in-law that has reached mythic proportions in every culture on the globe. Kathie Briggs wants you to focus on the dejected grandparent concept and prays her exploits as the meddlesome in-law (that appears to have been taken to criminal proportions) will go unnoticed. Three things tell us about the nature of a person: past record, actions and motives. We are directly questioning her record, her actions and her motives regarding her persecution of the mother of Kelsey, Raye Dawn Smith.

Even though Briggs publicly questioned why anyone would “take the time to verify” details of the case, we decided to do just that and began to compare what was being said with what our investigation uncovered.

Kathie Briggs claims she was the one who sought out DHS for help with her own children when they were young. She argues, “This decision was my own and not court ordered.” This is correct. In fact, according to witnesses she drove down to the Pottawatomie County courthouse with her four young children and exclaimed, “Take these kids or I will kill every one of them!” DHS records and a sworn and signed affidavit attest to this. She is exactly right; it was her decision to abandon her own children, but once she threatened their lives in front of DHS workers it was no longer her choice.

Kathie Briggs spent two years (uncommonly long) working her DHS plan to get her children back. She was frequently given gas money and even driven by health department worker, Norma Hansen, just so she would visit her own children. Briggs also claims that the judge in charge of her case praised her as a shining example when in reality Judge Carter never did so. This is her past record with DHS; this is her record with her own children, and this is how she revises truth.

Kathie has become the queen of revisionist history. She likewise affirms, “I am very proud of the children I raised and the adults they have become.” So you’re proud of a son who pleads no contest to assault charges on more than one occasion with more than one woman, who attends “court ordered” anger management twice, who reportedly gets beaten up for groping a woman in a bar, who admits to lying to authorities regarding his whereabouts, who doesn’t show up for custody hearings, who gets relieved of military service for drugs and assault?

“The information known by Briggs demonstrates knowledge gained through harassing / stalking activities.” - Meeker Police

Kathie Briggs sued for the same visitation rights with Kelsey that she was already freely receiving without court intervention – any other statement is a verifiable lie. Kathie Briggs stalked Raye Dawn, following her to work, to her school and to her house long before she ever claimed Kelsey had any signs of abuse. In fact, in the report to the District Attorney when DHS was first called to investigate, Kathie Briggs stated “she had not seen bruising on Kelsey on any occasion prior.” Yet, she would now have us believe that a nurturing mother of two years with no history of abuse or violence suddenly turns on her daughter. When DHS was called in after Kelsey broke her collar bone (the most common bone broken in children) Kathie Briggs called the Meeker Police and stepped up her stalking and harassment. Sources at DHS have stated that their offices received so many calls from Kathie that proved blatantly untrue they began to disregard them. Some of the calls reported abuse during times that Kathie didn’t even know a DHS worker was present. And these calls haven’t ended with the death of Kelsey but have continued, only now stating abuse of Raye Dawn’s son, whom she has never seen outside of DHS supervised visits due to the malicious prosecution by District Attorney Richard Smothermon.

Kathie would also call in erroneous police reports as well. On one particular occasion police stated they received a call from Kathie Briggs claiming that Raye Dawn was driving erratically and at excessive speeds. Kathie didn’t realize an officer was on that exact road and he saw nothing to substantiate Kathie’s claim. Kathie even alleged that Raye Dawn had the wrong license plate on her vehicle having switched it with another, which was likewise proved false. Moreover, in the official police report of the incident the officer stated, “I believe that Briggs is continually following and stalking [Raye Dawn] in attempts to gain any information possible to use against [her] in the custody battle for the child. The information known by Briggs demonstrates knowledge gained through harassing/ stalking activities.”

Kathie lists three main points in her abuse claims regarding Kelsey’s mother, Raye Dawn: broken color bone, two broken legs and bruises from head to toe (the mother is not suspected in the abdominal injury resulting in Kelsey’s death). Let us examine those three points from the position of evidence and not innuendo.

The mother took Kelsey to the emergency room when she complained of pain and was unable to use her arm freely. The broken collar bone and bruises were attended to and she was released from the hospital with no suspicion of abuse. The Briggs family, who were locked in a heated custody battle, returned her to the same ER and the same doctor four days later and complained of abuse. The doctor documented all bruises and the collar bone and referred it to the Meeker police to investigate. When questioned at the preliminary hearing if he thought abuse had occurred that same doctor stated it was “not my job to determine what happened. That’s for the police.” He was required by law to contact authorities simply because the Briggs used the word abuse. Both the police and DHS investigated the incident and cleared Kelsey’s mother of all suspicion, having determined the break to be nothing more than a childhood accident.

Time lines show Kelsey’s legs broken while with Kathie Briggs; reason why DHS removed her from Briggs’ custody?

Even more compelling is the evidence surrounding Kelsey’s two broken legs. Evidence and DHS time lines substantiated by Kathie show that Kelsey was delivered to Kathie Briggs with a doctor x-rayed and diagnosed sprained ankle, but very much walking. Kathie herself states Kelsey “took three steps and fell down, then didn’t walk the rest of the week” but sources tell us that Kathie took her to gymnastics classes several times during her stay. If Kelsey “stopped walking” why did Kathie take her to gymnastics, refuse to take Kelsey to the doctor and just give her back to her mother? Worried, the mother (not Briggs) reported this to DHS and took Kelsey to the ER where her legs were discovered fractured. The doctor diagnosed their cause as “complications from the sprain due to overcompensation” and cast both legs. Back in Kathie’s custody Kelsey was taken under false pretenses to another doctor where Kathie had Kelsey’s casts removed seeking a different diagnosis - what did Kathie know that the mother didn’t? Then Briggs returned Kelsey to her mother without casts. The maternal grandmother then took Kelsey immediately back to the doctor to have the casts put back on so her legs would heal properly, and the doctor who removed the casts is part of the DHS investigation. At this point DHS began to suspect Kathie Briggs, or at the least someone in her house, but realized there was almost no way to prove it. This is why DHS specifically removed Kelsey from Kathie Briggs’ guardianship to place her in foster care. Very important to note is that three doctors directly disagree with one another on the fractures. Dr. Barrett and Dr. Koons examined Kelsey and determined their cause was over-compensation due to the sprained ankle but the doctor that Kathie sought out, Dr. Sullivan disagreed. However, because one doctor said there was a possibility of abuse DHS was required to act. Kathie once again was using anything possible against Kelsey’s mother but this time it backfired because timelines show Kelsey was with Kathie when the fractures occurred and not with her mother.

As for the bruises from head to toe, the pictures that Kathie Briggs has amassed are a showcase of every scrap and scratch, every bump and fall that a two year old can do over an 8-month time span and culminate with the results of an auto accident. The photographs that Briggs has plastered anywhere she can find a flat surface are from what she even called “a very active child.” Even the blood vessel burst in her eye was a direct result of the auto accident.

NO ONE from Briggs family bothered to show up for Kelsey’s final “public hearing”

During the next several weeks all of Kathie Briggs’ and the mother’s visits were monitored at a DHS facility. Here is yet another red flag; during all of these monitored visits with Kathie Briggs, Kelsey was documented to have continually hidden from Kathie, thrown things at her, run away from her, yelled at her and tried to bite her, until finally on July 6, 2005 Kathie Briggs without warning simply did not show up for her scheduled visit with Kelsey. When questioned, Ashley (Lance Briggs’ former wife) stated Kathie “would not come to the office because DHS told in court what a bad person she was and she did not want anybody to state any more bad things.”

Interestingly, DHS workers continually tried to gain contact information for Lance Briggs from Kathie, but she kept avoiding the request stating that he was moving around so much in the military this wasn’t possible; however, during many of the supervised visits at DHS Kathie would receive phone calls from Lance. Somehow he was able to coincide calls during visits but could not keep in contact with DHS. In fact Kathie spent so much time on the phone talking to various people during several visits with Kelsey that records show observers finally had to reprimand her for it.

So let us cast our eyes on the documented visits with Raye Dawn, the mother. Kelsey played games with her, laughed, snuggled next to her to watch movies and was notably happy with her visits that ended in “hugs and kisses.” What did Kelsey know that we didn’t? Kelsey’s actions were not erratic during these visits; they were consistent with both her mother and with Kathie Briggs. We have heard the proverb that children are good judges of character and this child spoke volumes.

Kathie Briggs even purposely lies about her access to Kelsey after she was given back to her mother in July of 2005. Kathie claims that the court blocked the Briggs family from seeing Kelsey, yet our investigation revealed that this is an outright lie. For being as vigilant as she claims, how could she overlook her access for three months before Kelsey’s death? In reality, NO ONE from the paternal family showed up to a public hearing to discuss restricting overnight stays outside of the mother’s home because doctors were concerned about what might have been seizures that began to manifest. But Kathie knows she had access. It is in the court documents and she even exercised this once after an auto accident where Kelsey was in the car.

Briggs’ front - Kelsey’s Purpose - reportedly slapped with “cease and desist” order by Attorney General for “misuse of funds.”

What Kathie doesn’t want the public or her supporters to know is that the DHS record does not show a pattern of abuse by the mother because that abuse was never there; it shows a pattern of her own deceit and manipulation of the system which she learned with her own children. We already know, according to Kathie’s testimony and others’ to DHS, that Kelsey was not being abused before DHS involvement. Judge Craig Key and DHS workers poured over the records for countless hours before Kelsey was finally returned to her mother in July 2005. Yet now the DHS worker is being ridiculed by Briggs out of one side of her mouth while telling reporters that her testimony at the preliminary hearing was, “the most compelling.” You cannot have it both ways.

Briggs family openly mocked DHS worker during preliminary hearing testimony!

Now, here is the real kicker; Kathie and Lance Briggs have filed a $15 million lawsuit against DHS for allowing the abuse and death of Kelsey. If they win, they will have to give half of the settlement to the mother, Raye Dawn. However, if Raye Dawn is convicted of anything regarding the abuse/ death of Kelsey then Kathie and Lance Briggs get to keep it all. You don’t think $7.5 million dollars isn’t a motive? The squeaky wheel gets the oil, or in this case the cash. Briggs’ embellishments and outright lies are out of revenge and she now seeks to destroy the life of a grieving mother while lining her own pockets. Even her attempt at a non-profit has been sent a “cease and desist” order from the Attorney General for “misuse of funds.” A fact she has tried to hide from supporters, but is finding several in her ranks are discovering this for themselves. Call and ask her how her son Lance continues to purchase more and more possessions while remaining unemployed.

Beware a mother scorned. That’s what stands out. Even in the father’s seeming lack of interest Kathie sought and seeks anything she can set her hands on to destroy Raye Dawn’s life -attempting to gain any information possible and revising history to use against her. The police even saw this. These actions had nothing to do with the well being of a child. It had to do with the selfish nature of an individual who was so angry for having been seen through that she came out spitting venom. Of course we’re sure she’ll simply say the evidence is lying.

District Attorney Richard Smothermon The Prosecutors: Reason takes a Holiday

The name “Mike Nifong” has quickly become synonymous with the zealous prosecution of the innocent bordering on the criminal. The fact is politics and ladder climbing can play a powerful role in the justice system, and if left unchecked can wallow in our own backyard. District Attorney Richard Smothermon wants to be Attorney General even if it takes the sensational prosecution of an innocent person.

Do you not find it fascinating that Michael Porter, Raye Dawn Smith and DHS are all being accused of “allowing abuse” but no one seems to have actually committed anything according to District Attorney Smothermon? Smothermon is now prosecuting Kelsey’s mother, Raye Dawn, at the political behest of Kelsey’s paternal grandmother, Kathie Briggs. Smothermon even apparently told several witnesses that Kelsey’s mother had nothing to do with harming Kelsey. The evidence doesn’t warrant charges, but the Kathie Briggs Machine has forced his hand, and he cannot ignore it without suffering politically.

Smothermon reportedly tells room of witnesses he thought the mother had nothing to do with abuse.

What is truly sad is that Kathie Briggs has amassed a small army of very good people around a swirling story of innuendo, half-truths, omission and even outright lies. Because Briggs’ supposed “non-profit” calls for the reduction of child abuse by imprisoning Kelsey’s mother, Kathie is attempting to see to it that an untainted and fair trial is all but impossible. Seeing such a weak case but no way out, Smothermon, rather than directly attaching his own name to a no win case, has hired a vindictive and reportedly dishonest private practice attorney to prosecute. When is the last time you have heard of a DA bringing in a hired gun and turning down the chance to directly prosecute the highest profile case in his district? A case with both statewide and national recognition. A case that could have his name and face on front pages and TV screens giving free publicity to his Attorney General aspirations. Even though he desperately wants the free camera time showing him prosecuting a child abuser, he distances himself from the media. The reason is because he wants to be at least arms length when that ship sinks. The special prosecutor, Patricia High, even saw how weak the case was and the first thing she did was attempt to stack charges in the hopes that something, anything would stick. Prosecutors know that often a jury will see several charges and believe that where there is smoke there is fire and convict on at least one charge.

DA Smothermon and Patricia High now push the laughable charge that Kelsey’s mother was abusing her long before DHS was ever involved based on a photograph given to them by the mother herself. However, the Briggs family and Kathy Briggs have given sworn statements to both DHS and police that they never saw anything questionable before January 2005. The fact that Kathie Briggs doesn’t stand up and let her own statement be heard is further evidence that the prosecution of Raye Dawn isn’t about justice.

Most importantly, the DA has to prove intent or at the very least neglect. Notice that the DA has dropped the charge of neglect. Smothermon knows that after all the DHS documentation he would not be able to prove neglect, so he amended the charges to Abuse and Allowing Abuse. However, the DHS record doesn’t point to the mother as either abusing or allowing abuse. The DHS record does the exact opposite. It attests to the care, love and cherished relationship this mother and daughter shared. It shows how she jumped through every hoop to do what she thought was best for her daughter.

Thousands of dollars are being wasted on a case that has no business being pursued (outside of politics). District Attorney Smothermon has continued to offer plea agreements to Kelsey’s mother in the hopes this case will go away as quietly as possible, but Raye Dawn has completely refused anything other than her innocence. Why would Kelsey’s mother turn down an offer of only 5 years in prison to risk 30 years or more from a court? Her unflinching statement of innocence and Smothermon’s waffling tell the story.

Raye Dawn Smith: The Mother

When Kelsey’s mother, Raye Dawn was aggressively being questioned by investigators regarding her daughter’s suspicious death she shared with the investigators that her father told her as long as she told the truth everything would turn out alright. They told her, “Not this time.”

We cannot simply try people on the basis of “guilt by association.” Raye Dawn may have brought Michael Porter into her life, but she also brought Lance Briggs into it as well. The fact that Porter turned out to be a more intelligent liar and a more secretive abuser than Lance does not make Raye Dawn an abuser or an enabler. Remember, two county DHS offices and CASA “should have known.” They were trained and they had unrestricted access. Kelsey’s mother, Raye Dawn, divorced Lance Briggs because she refused to allow herself to be abused. This fact, a stack of DHS documentation, sources inside DHS and the courts as well as members of her own community tell us that this mother would never have knowingly allowed her precious daughter to be abused, let alone be the abuser.

There is no evidence in the DHS record that points a finger at Raye Dawn that does not also point at Kathie Briggs. Let me repeat that – there is NO EVIDENCE pointing to Raye Dawn as having committed any abuse. The record and sources in DHS point to Kathie Briggs making so many fabricated reports of abuse surrounding childhood scrapes that they told her to stop calling simply to build a custody case.

Kathie Briggs stalked Raye Dawn for two years and never reported to a single soul that she even thought the mother was abusing her child. Kathie Briggs’ own testimony and that of other members of her family to both DHS and law enforcement stated that they had never seen bruising on Kelsey before January 2005. But in the heat of a custody battle that was not going her way she whipped her family into a frenzy and called DHS over a broken collarbone (did we mention that this is the most frequently broken bone in children). Doctor’s investigated, DHS investigated and law enforcement investigated and not one of them found any reason to believe abuse was involved. Why? Because there was no abuse by the mother! But now the Briggs would have us believe that a loving, caring, nurturing mother would, after two years suddenly start abusing her child. There is NO history; there is NO motive. The DHS records show that from the time Kelsey was returned to her mother until Michael Porter killed her there was not one report of abuse, and DHS, having free reign, was able to drop in completely unannounced. This absence of false abuse reports to DHS directly coincides with Kathie Briggs no longer pursuing visitation with Kelsey.

Imagine if you will, escaping from a violently abusive man, and discovering that you now have a precious child growing inside of you. Would you readily share that with a monster? Would you readily share that with a man who allegedly caused your miscarriage by punching your pregnant abdomen? The Briggs (Kathie and Lance) have so maliciously sought to scar the life of a loving mother who only wanted refuge for her and her daughter. Kathie Briggs now does so for fame and fortune.

When we are too lazy to search for the truth and simply call for the hanging of all in the vicinity it is painfully evident that we have no, or cannot conceive of, empathy. Lashing out with hatred and anger does not produce justice, it is simply blind vengeance. And just because we cannot imagine abuse and murder occurring, hidden from all but the victim and a sole perpetrator does not mean it didn’t happen. The writers of CSI and Law & Order have conceived of far greater twists.

Kelsey Smith-Briggs: A Child, not a Purpose

Truly, the most important element to the Kelsey Smith-Briggs story is Kelsey herself. At the heart, the very core of this saga are the collected memories of youth and the bundled essence of a child - a child who was not born to simply be on a bumper sticker or plastered across a billboard. A child whose "purpose" was to giggle and climb monkey bars, to run through summer afternoons with dreams streaming in her hair. This child's inheritance was not a "purpose" to die.

One thing that cannot be forgotten and should not be eliminated is the fact that the “purpose” of a precious 2 year and 9 month old child was taken, not fulfilled. The murderer, Michael Porter, did not give Kelsey a purpose; he took her purpose from her. The grandmother, Kathie Briggs, does not give Kelsey’s life a purpose; she uses it. The mother, Raye Dawn Smith, did not obstruct Kelsey's purpose; she sought it and now mourns it.

If we are religious, we remember only one child was born so that others would be saved. If we live outside of faith, we remember the focus of our founding fathers & mothers and their assertion of the right to life, liberty and the pursuit of happiness. If we believe in the rule of law, we remember that guilt and innocence are proved by evidence, not innuendo or motives for financial or political gain. If we believe in the memory of Kelsey, we remember her purpose to prosper, and not a purpose to die.

In short, a precious child was used as a pawn by her vindictive grandmother and physically violent father to deal out revenge on an ex-wife for filing divorce and assault charges. They then had Kelsey’s mother, DHS, CASA and the courts so chasing their tails that a killer slipped in under the radar. Witnesses may lie, but the evidence doesn’t. Every turn we made and every person we contacted drove us to this destination, including the Briggs themselves.

Read more articles from the ONLY media outlet in Oklahoma with the guts to tell the true story including Kathie's admission, "I'm no longer obsessed with Raye Dawn. She's in prison." at www.usobserverok.com.

Kelsey Smith Briggs - The Truth

2010-07-14T12:10:00.000-07:00

Since I posted Phoebe's emails that were not even in the same ballpark as the facts in Raye's case, I'm posting this video that depicts the facts based on what the judge that heard the abuse allegations saw in his courtroom. Hopefully this will clear up any confusion that Phoebe has caused with her misstatements and hate.

Love the Way You Lie - Rihanna & Eminem

2010-07-10T06:46:00.000-07:00

Rihanna and Eminem bring attention to the issue of domestic violence with this chart topping song.

Lyrics | Eminem lyrics - Love The Way You Lie lyrics

Eminem
Love The Way You Lie lyrics
Chorus - Rihanna]
Just gonna stand there and watch me burn
Well that's all right because I like the way it hurts
Just gonna stand there and hear me cry
Well that's all right because I love the way you lie
I love the way you lie

[Eminem - Verse 1]
I can't tell you what it really is, I can only tell you what it feels like
And right now it's a steel knife in my windpipe
I can't breathe but I still fight while I can fight
As long as the wrong feels right it's like I'm in flight
High off her love, drunk from my hate, it's like I'm huffin' paint
And I love it the more I suffer, I suffocate
And right before I'm about to drown, she resuscitates me, she fuckin' hates me
And I love it, "wait, where you goin'?"
"I'm leavin' you," "no you ain't come back"
We're runnin' right back, here we go again
So insane, cause when it's goin' good it's goin' great
I'm superman with the wind in his back, she's Lois Lane
But when it's bad it's awful, I feel so ashamed I snap
Whose that dude? I don't even know his name
I laid hands on her
I never stoop so low again
I guess I don't know my own strength

[Chorus]

[Eminem - Verse 2]
You ever love somebody so much you can barely breathe
When you with em you meet and neither one of you even know what hit em
Got that warm fuzzy feeling
Yeah them chills used to get em
Now you're getting fuckin' sick of lookin' at em
You swore you'd never hit em, never do nothin' to hurt em
Now you're in each other's face spewin' venom in your words when you spit em
You push pull each other's hair
Scratch claw hit em throw em down pin em
So lost in the moments when you're in em
It's the face that's the culprit, controls you both
So they say it's best to go your seperate ways
Guess that they don't know ya
Cause today that was yesterday
Yesterday is over, it's a different day
Sound like broken records playin' over
But you promised her next time you'll show restraint
You don't get another chance
Life is no nintendo game, but you lied again
Now you get to watch her leave out the window
Guess that's why they call it window pane

[Chorus]

[Eminem - Verse 3]
Now I know we said things, did things, that we didn't mean
And we fall back into the same patterns, same routine
But your temper's just as bad as mine is, you're the same as me
When it comes to love you're just as blinded
Baby please come back, it wasn't you, baby it was me
Maybe our relationship isn't as crazy as it seems
Maybe that's what happens when a tornado meets a volcano
All I know is I love you too much to walk away though
Come inside, pick up the bags off the sidewalk
Don't you hear sincerity in my voice when I talk?
Told you this is my fault, look me in the eyeball
Next time I'm pissed I'll aim my fist at the drywall
Next time there won't be no next time
I apologize even though I know it's lies
I'm tired of the games I just want her back
I know I'm a liar if she ever tries to fuckin' leave again
I'ma tie her to the bed and set this house on fire

[Chorus]
[End]

Raye Dawn Smith

2010-07-09T17:08:00.000-07:00

There are many stories about Raye Dawn and people are too quick to judge based on hearsay and stories. This video depicts the real Raye Dawn Smith.

A New "Nifong" in Oklahoma?

2010-07-09T09:51:00.000-07:00

A NEW "NIFONG" IN OKLAHOMA?

Posted 1:00 AM Eastern
by NWV staff writer
June 19, 2007
© 2007 NewsWithViews.com

Oklahoma City, OK - The US~Observer, a national monthly news publication whose mission is to vindicate the wrongly accused and hold accountable those who have sworn to uphold the Constitution, has franchised a paper in Oklahoma called the US~Observer Oklahoma and it is already making a difference for the people of the Sooner State.

By exposing the truth the US~Observer Oklahoma's mission is to defend the freedoms of their local citizens and in their first edition they reveal the stories of the murder of 2-year-old Kelsey Smith-Briggs and the mishandling of the criminal cases surrounding it; the 37-year-long incarceration of Reno Francis for a murder he reportedly did not commit; and the forced plea of a children's pastor who now sits behind bars facing a 35-year sentence for crimes even a medical expert says could not have happened.

In the case of the Kelsey Smith-Briggs exposé, the US~Observer Oklahoma reports a "Nifong-style" prosecution occurring in Lincoln County, Oklahoma, that left unchecked would send another innocent to prison all for the sake of a political agenda. According to the US~Observer Oklahoma, District Attorney Richard Smothermon, who is aspiring to become the Oklahoma State Attorney General, has based his whole case on "a swirling story of innuendo, half-truths, omission and even outright lies."

In a letter written to the US~Observer Oklahoma which was obtained by NewsWithViews.com, the Vice President of Lincoln County's Foster and Adoptive Parent Association states that she will be forwarding the US~Observer Oklahoma's Kelsey Smith-Briggs news article to friends so that, "the truth can come out." Read the entire Kelsey Smith-Briggs article.

When asked about the new US~Observer Oklahoma, Editor and Writer for the US~Observer, Ron Lee stated, "the Oklahoma paper is headed by highly motivated people who want to bring truth to the public and from what I've seen, there's a lot of truth that needs to be revealed." Lee continued, "personally, I feel every state needs a US~Observer to combat the rise of false prosecutions. The justice system is becoming more concerned with making a buck than actually convicting the truly guilty ... The US~Observer, and now the US~Observer Oklahoma, is here to hold everyone accountable to the truth."

Edward Snook, Senior Editor and Investigator of the US~Observer, sees the need for accountability and has for the last twenty years, which has been spent researching cases of false and malicious charges. Snook states, "all citizens across this nation must realize that all who call themselves American and are law abiding, are in jeopardy.

You certainly don’t realize it until you or a loved one are in the cross-hairs of a 'justice system' that requires numbers or self-indulgence to legitimize itself and continue its growth. If the 'justice system' can’t produce numbers, well, then obviously there is no need for as large a 'justice system' as is pushed down our throats on a daily basis by the culprits, using their 'main-stream media.' The possible loss of defendants works against the grain of those in control of the 'system.' It places their jobs at risk! It harms their addiction to their 'climbing of the ladder.' For God’s sake don’t allow the various and multi-leveled 'systems' of so-called-justice in this Nation to literally steal our freedoms from us and place America at risk… Our 'system of justice' in this Nation, has, without question, attempted to completely wipe-out, not only our Constitutional rights, but our belief in and our dedication to success, the difference between right and wrong and belief that we are a FREE PEOPLE!"

Note: The US~Observer's articles pertain to all citizens who believe in the rights granted us by our Constitution and plain common decency. Should you, or anyone you know, be falsely accused of a crime call the US~Observer at 541-474-7885. Should you live in Oklahoma, please call the US~Observer Oklahoma at 405-246-9444, and be sure to tell them NewsWithViews.com sent you.

© 2007 - NewsWithViews.com - All Rights Reserved

For all of those who say that the US Observer is a paid publication. This is a direct statement from them:

Kathie Briggs and several supporters have intentionally perpetuated a lie (among many) claiming the US~Observer Oklahoma was paid to write our article regarding Kelsey Smith-Briggs. We have received many emails forwarded to us where Kathie claims, "The Observer is not a newspaper. It is a tabloid paper published once they are paid by a family to print a story." The US~Observer is a newspaper in existence for more than 15 years. Its sole purpose is to fight injustice and wrongful prosecution in the justice system. Kathie's distinction between newspaper and tabloid is uneducatedly cute; tabloid is a newspaper industry term to describe format size, not content.

Furthermore, the US~Observer Oklahoma never received a single dime for either the investigation or the writing of the Kelsey Smith-Briggs story. Let me be very clear - neither family (Briggs or Smith) paid the US~Observer Oklahoma one cent to publish anything - our bank records attest to this. We published gladly to expose a vindictive temper tantrum and the weight of politics over evidence in the justice system.

Kathie Briggs also makes a false claim that one of our reporters "apologized . . . after the trial." Kathie was not present and three of our staff can attest to what was said. No such apology was ever made. The only apology ever given between the Briggs and a member of the US~Observer is in a recording of Kathie Briggs telling one of our reporters in the halls of the courtroom, "I'm sorry. I know you're just doing your job." The US~Observer Oklahoma stands behind our article and the investigation and sources that produced it: court records & transcripts, police records, sources in DHS, CASA, police departments, court employees, DHS record(s), military sources and sworn affidavits.

Kathie Briggs is a doctor of spin and a manipulator of fact but when this exceeds her reach she lies. Kathie is a liar for saying we received money to investigate and write this story and she is a liar for saying an apology was given. We look forward to exposing her in both the public and legal setting. For all her use of the words slander and liable, she obviously knows neither the definition nor the application."

Chris Brown and Rihanna, Lance and Raye - examples of domestic violence

2010-06-27T09:09:00.000-07:00

Domestic violence became a public topic when Chris Brown was charged with beating Rihanna. In Oklahoma, Lance Briggs made the news a year after his daughter's death when he faced his second and third charges of domestic violence.

Extensive media coverage = wrongful convictions

2010-06-16T18:35:00.000-07:00

The truth about restraining orders in Oklahoma

2010-06-13T08:15:00.000-07:00

This video by the Dixie Chicks looks at the process of seeking protection against a violent partner in a more lighthearted fashion. But the scene in which the character, "Earl" busts through the paper, which is meant to represent a restraining order, is true to life.

When a victim is issued a restraining order, she breathes a sigh of relief, thinking that the person she most fears will abide by the order and stay away. In reality, it's just a piece of paper to most stalkers/abusers.

According to Rice Family Law, the definition of a restraining order is "A civil court order to protect a family or household member from physical abuse." That's it...a court order. It's a deterrent and in SOME cases, it works. But if your abuser or stalker is determined, it will not STOP him. The most effective way to arm yourself against any type of abuse is to become educated on the laws of your state and your sources for protection.

At WomensLaw.org, a list is provided for the stalking and domestic violence laws for individual states.

In Colorado, Gary Cunningham and his team of experts with Victim Protection, Inc provide assistance to victims for whom a protective order does not work.

In Oklahoma there is an organization that claims to help victims of domestic violence. Oklahoma Domestic Violence Help.

I'm not an expert on the law, but I'm told that there is a difference in the State of Oklahoma between a restraining order and a protective order. To obtain a protective order, the victim must prove that he/she is in danger of being physically harmed. Like the sigh of relief that a victim lets out when she is issued a restraining order, in Oklahoma, a permanent order of protection is dissolved after three years.

According to http://wordnetweb.princeton.edu/perl/webwn?s=permanent, the word "permanent" means:

Adjective

S: (adj) permanent, lasting (continuing or enduring without marked change in status or condition or place) "permanent secretary to the president"; "permanent address"; "literature of permanent value"
S: (adj) permanent (not capable of being reversed or returned to the original condition) "permanent brain damage"

In Oklahoma, the word "permanent" in association with a protective order means three years. Does that make sense?

Following is the Oklahoma statute in regards to protection from domestic violence. You can find it under Oklahoma Title 22:

This act shall be known and may be cited as the "Protection from Domestic Abuse Act".

Section 60.1 - Definitions

As used in the Protection from Domestic Abuse Act and in the Domestic Abuse Reporting Act, Sections 40.5 through 40.7 of this title and Section 150.12B of Title 74 of the Oklahoma Statutes:
1. "Domestic abuse" means any act of physical harm, or the threat of imminent physical harm which is committed by an adult, emancipated minor, or minor child thirteen (13) years of age or older against another adult, emancipated minor or minor child who are family or household members or who are or were in a dating relationship;
2. "Stalking" means the willful, malicious, and repeated following of a person by an adult, emancipated minor, or minor thirteen (13) years of age or older, with the intent of placing the person in reasonable fear of death or great bodily injury;
3. "Harassment" means a knowing and willful course or pattern of conduct by a family or household member or an individual who is or has been involved in a dating relationship with the person, directed at a specific person which seriously alarms or annoys the person, and which serves no legitimate purpose. The course of conduct must be such as would cause a reasonable person to suffer substantial emotional distress, and must actually cause substantial distress to the person. "Harassment" shall include, but not be limited to, harassing or obscene telephone calls in violation of Section 1172 of Title 21 of the Oklahoma Statutes and fear of death or bodily injury;
4. "Family or household members" means:
a. spouses,
b. ex-spouses,
c. present spouses of ex-spouses,
d. parents, including grandparents, stepparents, adoptive parents and foster parents,
e. children, including grandchildren, stepchildren, adopted children and foster children,
f. persons otherwise related by blood or marriage,
g. persons living in the same household or who formerly lived in the same household, and
h. persons who are the biological parents of the same child, regardless of their marital status, or whether they have lived together at any time. This shall include the elderly and handicapped;
5. "Dating relationship" means a courtship or engagement relationship. For purposes of this act, a casual acquaintance or ordinary fraternization between persons in a business or social context shall not constitute a dating relationship;
6. "Foreign protective order" means any valid order of protection issued by a court of another state or a tribal court;
7. "Rape" means rape and rape by instrumentation in violation of Sections 1111 and 1111.1 of Title 21 of the Oklahoma Statutes;
8. "Victim support person" means a person affiliated with a certified domestic violence or sexual assault program, certified by the Attorney General or certified by a recognized Native American Tribe if operating mainly within tribal lands, who provides support and assistance for a person who files a petition under the Protection from Domestic Violence Act; and
9. "Mutual protective order" means a final protective order or orders issued to both a plaintiff who has filed a petition for a protective order and a defendant included as the defendant in the plaintiff’s petition restraining the parties from committing domestic violence, stalking, harassment or rape against each other. If both parties allege domestic abuse, violence, stalking, harassment or rape against each other, the parties shall do so by separate petition pursuant to Section 60.4 of this title.

Section 60.2 - Protective Order - Petition, Form, Filing Fee, Preparation

A. A victim of domestic abuse, a victim of stalking, a victim of harassment, a victim of rape, any adult or emancipated minor household member on behalf of any other family or household member who is a minor or incompetent, or any minor age sixteen (16) or seventeen (17) years may seek relief under the provisions of the Protection from Domestic Abuse Act.

1. The person seeking relief may file a petition for a protective order with the district court in the county in which the victim resides, the county in which the defendant resides, or the county in which the domestic violence occurred. If the person seeking relief is a victim of stalking but is not a family or household member or an individual who is or has been in a dating relationship with the defendant, the person seeking relief must file a complaint against the defendant with the proper law enforcement agency before filing a petition for a protective order with the district court. The person seeking relief shall provide a copy of the complaint that was filed with the law enforcement agency at the full hearing if the complaint is not available from the law enforcement agency. Failure to provide a copy of the complaint filed with the law enforcement agency shall constitute a frivolous filing and the court may assess attorney fees and court costs against the plaintiff pursuant to paragraph 2 of subsection C of Section 60.2 of this title. The filing of a petition for a protective order shall not require jurisdiction or venue of the criminal offense if either the plaintiff or defendant resides in the county. If a petition has been filed in an action for divorce or separate maintenance and either party to the action files a petition for a protective order in the same county where the action for divorce or separate maintenance is filed, the petition for the protective order shall be heard by the court hearing the divorce or separate maintenance action. If the defendant is a minor child, the petition shall be filed with the court having jurisdiction over juvenile matters.

2. When the abuse occurs when the court is not open for business, such person may request an emergency temporary order of protection as authorized by Section 40.3 of this title.

B. The petition forms shall be provided by the clerk of the court. The Administrative Office of the Courts shall develop a standard form for the petition.

C. 1. Except as otherwise provided by this section, no filing fee, service of process fee, attorney fees or any other fee or costs shall be charged the plaintiff or victim at any time for filing a petition for a protective order whether a protective order is granted or not granted. The court may assess court costs, service of process fees, attorney fees, other fees and filing fees against the defendant at the hearing on the petition, if a protective order is granted against the defendant; provided, the court shall have authority to waive the costs and fees if the court finds that the party does not have the ability to pay the costs and fees.

2. If the court makes specific findings that a petition for a protective order has been filed frivolously and no victim exists, the court may assess attorney fees and court costs against the plaintiff.

D. The person seeking relief shall prepare the petition or, at the request of the plaintiff, the court clerk or the victim-witness coordinator, victim support person, and court case manager shall prepare or assist the plaintiff in preparing the petition.

Section 60.3 - Emergency Ex Parte Order - Hearing

A. If a plaintiff requests an emergency ex parte order pursuant to Section 60.2 of this title, the court shall hold an ex parte hearing on the same day the petition is filed, if the court finds sufficient grounds within the scope of the Protection from Domestic Abuse Act stated in the petition to hold such a hearing. The court may, for good cause shown at the hearing, issue any emergency ex parte order that it finds necessary to protect the victim from immediate and present danger of domestic abuse, stalking, or harassment. The emergency ex parte order shall be in effect until after the full hearing is conducted. Provided, if the defendant, after having been served, does not appear at the hearing, the emergency ex parte order shall remain in effect until the defendant is served with the permanent order. If the terms of the permanent order are the same as those in the emergency order, or are less restrictive, then it is not necessary to serve the defendant with the permanent order.
The Administrative Office of the Courts shall develop a standard form for emergency ex parte protective orders. B. An emergency ex parte protective order authorized by this section shall include the name, sex, race, date of birth of the defendant, and the dates of issue and expiration of the protective order.
C. If a plaintiff requests an emergency temporary ex parte order of protection as provided by Section 40.3 of this title, the judge who is notified of the request by a peace officer may issue such order verbally to the officer or in writing when there is reasonable cause to believe that the order is necessary to protect the victim from immediate and present danger of domestic abuse. When the order is issued verbally the judge shall direct the officer to complete and sign a statement attesting to the order. The emergency temporary ex parte order shall be in effect until the close of business on the next day the court is open for business after the order is issued.

Section 60.6 - Violation of Protective Order - Penalty

A. Except as otherwise provided by this section, any person who:
1. Has been served with an ex parte or final protective order or foreign protective order and is in violation of such protective order, upon conviction, shall be guilty of a misdemeanor and shall be punished by a fine of not more than One Thousand Dollars ($1,000.00) or by a term of imprisonment in the county jail of not more than one (1) year, or both such fine and imprisonment; and
2. After a previous conviction of a violation of a protective order, is convicted of a second or subsequent offense pursuant to the provisions of this section shall, upon conviction, be guilty of a felony and shall be punished by a term of imprisonment in the custody of the Department of Corrections for not less than one (1) year nor more than three (3) years, or by a fine of not less Two Thousand Dollars ($2,000.00) nor more than Ten Thousand Dollars ($10,000.00), or by both such fine and imprisonment.
B.
1. Any person who has been served with an ex parte or final protective order or foreign protective order who violates the protective order and causes physical injury or physical impairment to the plaintiff or to any other person named in said protective order shall, upon conviction, be guilty of a misdemeanor and shall be punished by a term of imprisonment in the county jail for not less than twenty (20) days nor more than one (1) year. In addition to the term of imprisonment, the person may be punished by a fine not to exceed Five Thousand Dollars ($5,000.00).
2. Any person who is convicted of a second or subsequent violation of a protective order which causes physical injury or physical impairment to a plaintiff or to any other person named in the protective order shall be guilty of a felony and shall be punished by a term of imprisonment in the custody of the Department of Corrections of not less than one (1) year nor more than five (5) years, or by a fine of not less than Three Thousand Dollars ($3,000.00) nor more than Ten Thousand Dollars ($10,000.00), or by both such fine and imprisonment.
3. In determining the term of imprisonment required by this section, the jury or sentencing judge shall consider the degree of physical injury or physical impairment to the victim.
4. The provisions of this subsection shall not affect the applicability of Sections 644, 645, 647 and 652 of Title 21 of the Oklahoma Statutes.
C. The minimum sentence of imprisonment issued pursuant to the provisions of paragraph 2 of subsection A and paragraph 1 of subsection B of this section shall not be subject to statutory provisions for suspended sentences, deferred sentences or probation, provided the court may subject any remaining penalty under the jurisdiction of the court to the statutory provisions for suspended sentences, deferred sentences or probation.
D. In addition to any other penalty specified by this section, the court shall require a defendant to undergo the treatment or participate in the counseling services necessary to bring about the cessation of domestic abuse against the victim or to bring about the cessation of stalking or harassment of the victim. For every conviction of violation of a protective order:
1. The court shall specifically order as a condition of a suspended sentence or probation that a defendant participate in counseling or undergo treatment to bring about the cessation of domestic abuse as specified in paragraph 2 of this subsection;
2. a. The court shall require the defendant to participate in counseling or undergo treatment for domestic abuse by an individual licensed practitioner or a domestic abuse counseling program approved by the court or a domestic abuse treatment program certified by the Attorney General. If the defendant is ordered to participate in a domestic abuse counseling or treatment program, the order shall require the defendant to attend the program for a minimum of fifty-two (52) weeks, complete the program, and be evaluated before and after attendance of the program by a program counselor or a private counselor.
b. A program for anger management, couples counseling, or family and marital counseling shall not solely qualify for the counseling or treatment requirement for domestic abuse pursuant to this subsection. The counseling may be ordered in addition to counseling specifically for the treatment of domestic abuse or per evaluation as set forth below. If, after sufficient evaluation and attendance at required counseling sessions, the domestic violence treatment program or licensed professional determines that the defendant does not evaluate as a perpetrator of domestic violence or does evaluate as a perpetrator of domestic violence and should complete other programs of treatment simultaneously or prior to domestic violence treatment, including but not limited to programs related to the mental health, apparent substance or alcohol abuse or inability or refusal to manage anger, the defendant shall be ordered to complete the counseling as per the recommendations of the domestic violence treatment program or licensed professional;
3. a. The court shall set a review hearing no more than one hundred twenty (120) days after the defendant is ordered to participate in a domestic abuse counseling program or undergo treatment for domestic abuse to assure the attendance and compliance of the defendant with the provisions of this subsection and the domestic abuse counseling or treatment requirements.
b. The court shall set a second review hearing after the completion of the counseling or treatment to assure the attendance and compliance of the defendant with the provisions of this subsection and the domestic abuse counseling or treatment requirements. The court shall retain continuing jurisdiction over the defendant during the course of ordered counseling through the final review hearing;
4. The court may set subsequent or other review hearings as the court determines necessary to assure the defendant attends and fully complies with the provisions of this subsection and the domestic abuse counseling or treatment requirements;
5. At any review hearing, if the defendant is not satisfactorily attending individual counseling or a domestic abuse counseling or treatment program or is not in compliance with any domestic abuse counseling or treatment requirements, the court may order the defendant to further or continue counseling, treatment, or other necessary services. The court may revoke all or any part of a suspended sentence, deferred sentence, or probation pursuant to Section 991b of Title 22 of the Oklahoma Statutes and subject the defendant to any or all remaining portions of the original sentence;
6. At the first review hearing, the court shall require the defendant to appear in court. Thereafter, for any subsequent review hearings, the court may accept a report on the progress of the defendant from individual counseling, domestic abuse counseling, or the treatment program. There shall be no requirement for the victim to attend review hearings; and
7. If funding is available, a referee may be appointed and assigned by the presiding judge of the district court to hear designated cases set for review under this subsection. Reasonable compensation for the referees shall be fixed by the presiding judge. The referee shall meet the requirements and perform all duties in the same manner and procedure as set forth in Sections 7003-8.6 and 7303-7.5 of Title 10 of the Oklahoma Statutes pertaining to referees appointed in juvenile proceedings.
E. Ex parte and final protective orders shall include notice of these penalties.
F. When a minor child violates the provisions of any protective order, the violation shall be heard in a juvenile proceeding and the court may order the child and the parent or parents of the child to participate in family counseling services necessary to bring about the cessation of domestic abuse against the victim and may order community service hours to be performed in lieu of any fine or imprisonment authorized by this section.
G. Any district court of this state and any judge thereof shall be immune from any liability or prosecution for issuing an order that requires a defendant to:
1. Attend a treatment program for domestic abusers certified by the Attorney General;
2. Attend counseling or treatment services ordered as part of any final protective order or for any violation of a protective order; and
3. Attend, complete, and be evaluated before and after attendance by a treatment program for domestic abusers certified by the Attorney General.
H. At no time, under any proceeding, may a person protected by a protective order be held to be in violation of that protective order. Only a defendant against whom a protective order has been issued may be held to have violated the order.

Section 60.11 - Statement Required on All Ex Parte or Final Protective Order

In addition to any other provisions required by the Protection from Domestic Abuse Act, or otherwise required by law, each ex parte or final protective order issued pursuant to the Protection from Domestic Abuse Act shall have a statement printed in bold-faced type or in capital letters containing the following information:
1. The filing or nonfiling of criminal charges and the prosecution of the case shall not be determined by a person who is protected by the protective order, but shall be determined by the prosecutor;
2. No person, including a person who is protected by the order, may give permission to anyone to ignore or violate any provision of the order. During the time in which the order is valid, every provision of the order shall be in full force and effect unless a court changes the order;
3. The order will be in effect for three (3) years unless extended, modified, vacated or rescinded by the court;
4. A violation of the order is punishable by a fine of up to One Thousand Dollars ($1,000.00) or imprisonment for up to one (1) year in the county jail, or by both such fine and imprisonment. A violation of the order which causes injury is punishable by imprisonment for twenty (20) days to one (1) year in the county jail or a fine of up to Five Thousand Dollars ($5,000.00), or by both such fine and imprisonment; and
5. Possession of a firearm or ammunition by a defendant while an order is in effect may subject the defendant to prosecution for a violation of federal law even if the order does not specifically prohibit the defendant from possession of a firearm or ammunition.

Section 60.15 - Notice of Victim's Rights

Upon the preliminary investigation of any crime involving domestic abuse, it shall be the duty of the first peace officer who interviews the victim of the domestic abuse to inform the victim of the twenty-four-hour statewide telephone communication service established by Section 3-314 of Title 43A of the Oklahoma Statutes and to give notice to the victim of certain rights. The notice shall consist of handing such victim the following statement: "As a victim of domestic abuse, you have certain rights. These rights are as follows:
1. The right to request that charges be pressed against your assailant;
2. The right to request protection from any harm or threat of harm arising out of your cooperation with law enforcement and prosecution efforts as far as facilities are available and to be provided with information on the level of protection available;
3. The right to be informed of financial assistance and other social services available as a result of being a victim, including information on how to apply for the assistance and services; and
4. The right to file a petition for a protective order or, when the domestic abuse occurs when the court is not open for business, to request an emergency temporary protective order."

To file for a protective order in Oklahoma, you can download the forms online at http://www.oscn.net/static/forms/aoc_forms/protectiveorders.asp. You can file a petition with the court without an attorney, but you must have solid evidence that you need one. Witness accounts constitute as evidence in a court of law, but as I have learned recently, witnesses will lie. You need pictures, video, audio, receipts; anything that will back up your claims and be indisputable in a court of law.

When in a domestic violence situation, victims rarely take photographs of their injuries. They're afraid that their abuser will find them and punish them even more. I understand the fear. But evidence can help protect you and though a protective order may not stop your attacker, it will deter him. If you don't want the photos in your home, have a close friend or relative take pictures for you.

Above all, never give up on yourself. You deserve better. No matter what you are told on a daily basis, God didn't create a mistake in you. You have a better future waiting. Reach out for help through Gary if you're in Colorado at http://www.victimprotection.org/ or you can find resources and help in your area through The Weaker Vessel or Survivors in Action.

Have a blessed day!

Amanda Knox - Another trial by media

2010-06-11T08:29:00.000-07:00

Just as in Raye's case, the case against Amanda Knox was tried in the media with reports that were not based on fact. The jury was not sequestered and have been reported to admitting they had "too much to drink" before rendering their verdict.

In Raye's case, the jury members searched the Internet and saw all the hate the Briggs and their supporters had put on hundreds of Web sites against Raye.

More on the case and Amanda's appeal can be seen here.

Hopefully both cases will get a new trial somewhere the media has not polluted possible members of the jury.

In Amanda's case, it would have to be outside of Italy.

In Raye's case, far away from Oklahoma with no prior warning of the location of the trial.

To review the media's involvement in the wrongful conviction of Raye Dawn Smith, read The Naked Truth Bound in Scorn.

Mike was not at work on the day Kelsey died

2010-04-21T06:33:00.000-07:00

After my notes on the five pages I've read so far from the biased book, I was contacted and challenged on my statement that Mike Porter was only at work for an hour or two on the day that Kelsey was raped and murdered. The biased "journalists" left that part out of their book from what I've read so far and I'm not surprised that people are changing their stories and are willing to lie. It's all about spreading hate toward Raye and her family, just like the lie that Gayla was on the phone with Raye when she was supposed to be napping. This is not true! Or the lie that Key represented Janet before he became judge. Not true! He didn't even live in the same town as Janet. People make up things and throw them out there to see if anyone will bite and it's tragic that anyone believes the liars.

This is from Mike Porter's preliminary hearing:

Questioning by Mike's attorney

Answers by Mike Taber, Mike Porter's friend and employee

Q – Do you know whether Mike was at work that day?

A – He was at work, briefly.

Q – Do you know what time he left work?

A – No. I couldn’t tell you that.

Questioning by ADA

Answers by Mike Taber, Mike Porter's friend and employee

Q – Mr. Taber, you had indicated in response to Mr. Sutton’s questions that on October 11th the defendant had been at work briefly?

A – I believe so, yes.

Q – Do you remember at what time the defendant arrived at work?

A – No.

Q – Do you remember what time maybe he left?

A – No, I can’t.

Q – Do you remember how long – you used the term “briefly.” Can you define that by minutes or hours, however long?

A – I’m going to say maybe an hour, two hours tops, he might have been there at work. His office is not in the same building as I work, so it’s kind of hard for me to say.

Q – Do you remember if that time that he was there for an hour or two hours was in the morning or the afternoon?

A – No, I can’t recall.

This is from Mike Porter's OSBI interview:

Q….So it was after Jean left that you-guys visited, you and Raye Dawn visited on the phone. And you told me before that you left - - you left work around 2:15 or 2:30?

A….Yeah, somewhere around there. I was running late.

Q….And you went back to give the pickup to Raye Dawn so she could go pick up ...?

A….We just got her Explorer out. It had been in the shop for a while. And when we were driving it home, we noticed it had a wobble and it’s almost too much of a wobble for her to control. So that’s why I said, you know, “I’ll just bring the truck home, and you can go get ....”

And she said, “Well, okay. I’m going to go lay down.”

Q….What time does ... have to be picked up?

A….She gets out of school at, I think, 2:55 but we always try to get there a little after three, because Sequoyah, I don’t know if you’ve ever seen it, the pick-up line will flow all the way out into the street. And a lot of times if you get there, even if you get there at 2:30, you don’t get up there to pick them up until 3:05 anyway. We usually go about 3:05, I guess, and we can just drive right in and get her.

Q….How long does it take to get from your house to Sequoyah?

A…I’m guessing 20 minutes.

Q….About 20 minutes?

A….Yeah. I mean, she left at 2:45, I think. She was going to be right about on time.

Q….And it only takes you just a couple of minutes to get home from work?

A….Oh, yeah. I’m just right there. Five minutes.

Q….Now, when you got home, where was Kelsey and Raye Dawn?

A….When I got home, Kelsey and Raye were in the bed still napping.

I know that my readers are intelligent and that you can figure it out for yourselves, but I want to make a point that Mike Porter worked less than four miles from home and we're talking about a straight, country road with no traffic and a speed limit over 50. (I've been there twice but I can't remember the speed limit.) If he were telling the truth and he was at work, like he claimed, why would he leave work at 2:15 or 2:30 to travel "less than five minutes" and be home at 2:45pm as he claimed. Can anyone answer that question for me? Was he there at 2:45pm? This is from Raye Dawn's testimony at Mike Porter's preliminary hearing:

The district attorney is questioning.

Raye Dawn is answering.

Q – Okay. After you laid down about two o’clock, what do you next remember?

A – We laid down and she was taking the raisins out of the box and was eating them and she would close it after she got out each time. And we had a discussion about – I told her, I said, “Kelsey,” I said, “close that box.” And she said, “Mommy, I have to get some.” And I said, “Well, get some.” And we laid there for a minute and then she said, “Mommy, I love you so much.” And I said, “I love you too, Kels.”

Q – What happened next?

A – She went to sleep.

Q - When she went to sleep, can you recall how she was laying on the bed? Well, first of all, let me backtrack. What room were you in?

A – We were in my bedroom.

Q – And is that located – the house in Meeker is east of Meeker on Highway 62; correct?

A – Correct.

Q – And it’s set back on a hill?

A – (The witness nodded her head.)

Q – Is it a two-story or one-story?

A – It was two-story.

Q – And the master bedroom, where is that located?

A – It’s located downstairs.

Q – Okay. And is that the bedroom that you went to sleep in?

A – Yes.

Q – That you went to lay down in?

A – Yes.

Q – Okay. When Kelsey went to sleep, what was she wearing?

A – She was wearing her black biker T-shirt that went to her knees.

Q – Anything else?

A – No.

Q – Is there a reason you didn’t put another diaper or other pants or panties on her?

A – No. Just after I took her pants and her panties off, we just started looking for something to snack on and then just went to lay down.

Q – Okay. When she went to sleep, how was she laying?

A – On her back.

Q – Okay. What happened next that you can recall?

A – I remember – I don’t remember if Mike woke me up or if I just woke up, and he was standing at the edge of the bed.

Q – Okay. So is it fair to say, then, you also napped?

A – Yes.

Q – Okay. So when you say “Mike,” you mean the defendant, Michael Porter?

A – Yes, sir.

Q – What happened when he arrived at the house?

A – Then when I woke up, he was standing at the edge of the bed. And I said, “I’m not going to” – I said, “I’m not going to take her.”

Q – What did you mean by “I’m not going to take her,” and who did you mean?

A – I mean Kelsey, because she had just fallen asleep.

Q – When you say “I’m not going to take her,” where were you going?

A – I was going to pick up Mike’s daughter at school in Shawnee.

Q – And what’s Mike’s daughter’s name?

A – ......

Q – And your decision to pick her up, whose decision was that on this day?

A – It was his. He had told me earlier at some point.

Q – Do you recall when he had told you?

A – No. It was either that morning or the night before that we had discussed it.

Q – Where was ... in school?

A – She was in Sequoyah.

Q – Is that in Shawnee?

A – Yes.

Q – Sequoyah Elementary?

A – Yes.

Q – How far or how long would it take you or anyone to get from your house to Sequoyah Elementary?

A – About 20, 25 minutes.

Q – Okay. And you had to pick her up and drive her, or someone from the family had to pick her up and drive her every morning; correct?

A – Correct.

Q – And pick her up after school?

A – Correct.

Q – Was that normally done by you or normally done by Mr. Porter?

A – It was done by both of us.

Q – Was there any set schedule to it or just random?

A – No. Just random.

Q – Okay. So this was not the first time you had gone to pick ... up from school?

A – Correct.

Q – Okay. So you made the decision at that time not to take Kelsey with you; correct?

A – Correct.

Q – What happened then?

A – So then I slip out of bed, and I stand there and watch her for a second.

Q – Why?

A – Because usually when I would get up, she would wake up most of the time.

Q – And had she woken up at this point, what would you have done with her?

A – I would have taken her with me.

Q – Why?

A – Because I would – if she was awake, I would always take her with me.

Q – Okay. But at this point, she was not awake?

A – Right.

Q – Was she sleeping?

A – Yes.

Q – Was she breathing?

A – Yes.

Q – Okay. Everything appeared normal to you about her?

A – Yes.

Q – What happened next?

A – Then I told Mike I wanted to show him the turtle that Kelsey was playing with. He follows me outside. And I look around for a second for it, and I didn’t find it. So I get in the truck and I leave. And then as I’m backing up, I stop, I roll down the window, and I said, “Take care of my baby.”

Q – Okay. What happened next? What did you do?

A – Then he nodded his head and rolled his eyes.

Questioning by Mike Porter's attorney.

Answers by Raye Dawn.

Q – Do you know what time Mike got home that day?

A – About 2:45.

Q – How do you know it was 2:45?

A – That’s when we discussed he would be there.

Q – Is Mike usually on time?

A – Yes, sir.

Q – Is he usually pretty responsible?

A – I used to think so.

When Mike Porter arrived, nobody knows. Raye didn't look at the clock. She just went on the time that he said he would be there. Raye states that she felt someone watching her and she opened her eyes and he was standing by the bed. She doesn't know how long he was there. She doesn't think he tried to wake her up. Looking back now, she calls it "creepy."

Raye Dawn and her family wanted and still wants the truth--ALL OF THE TRUTH--good or bad to be told so that they will know what happened to Kelsey. Why are the cyber bullies and people who claim to love Kelsey working so hard to silence the truth? Why wasn't Mike Porter taken to trial so that all of his dirty deeds could be brought to light? As I stated in my previous post, it's all in God's time and hopefully some light bulbs have been lit today. That is my prayer.

A Deadly Game of Tug of War: The Kelsey Smith-Briggs Story

2010-04-20T13:37:00.000-07:00

The amount of hate that's on the Internet is really sad. If the hate group isn't cyber bullying Raye or her family or me, they're trashing Judge Key. Why? Are they that ignorant of the law and what a judge can and can't do, or do they choose to put all of their faith into what the man who was charged with the sexual assault and murder of a two-year-old has to say? I'm guessing the latter.

If you haven't read his book, I urge you to do so before you make any judgment of him. Unlike what the liars want to promote, the book was written by Craig Key--www.JudgeKey.com. I am a ghost writer. I am also an editor. I'm amazed that people who know nothing about me or what my opinion was of Raye at the time that Key hired me can state that I wrote the book or that I made it biased and in favor of Raye. As I explain in my book, I judged Raye as a monster and I thought she was a terrible mom. It wasn't until I finished my contract with Key that I had any compassion for Raye. Therefore, their claims are a joke.

Please watch:

www.JudgeKey.com

Media abuse of children

2010-04-16T16:07:00.000-07:00

Oklahoma "journalists" have been reporting one-sided stories, and in turn, abusing children, ruining reputations, and giving false allegations legs to stand on. When will a change be made in our state that stops the nonsense?

You forgot one...

2010-04-15T17:28:00.000-07:00

Lori, Lori, Lori, you're forgetting the woman that Lance beat up last year to the point that she had to spend five days in the hospital. I can tell you right now that Kathie's $20 wouldn't buy my silence...

Or maybe the question we should be asking is why the district attorney dismissed three separate counts of domestic violence against Lance--that occurred with three different women and years apart--on the same day--one was dismissed seven years after the charge and the other two were dismissed two years after the charges. Why clean up his record of domestic violence charges? Why dismiss the open container charge against him when he wrecked his truck? Why cover up his history of violence, alcohol, and drugs and then say that you're fighting against child abuse? Abuse is abuse.

Crossposted articles from Shawnee News-Star

Web-Posted Aug. 03, 2007 03:59: PM
Briggs to face charges after alleged domestic dispute
By Erin Medley
SNS Reporter

The father of a 2-year-old toddler who died in October 2005 of alleged child abused has been charged with two counts of assault and battery and another of actual physical control of a vehicle while intoxicated.
Raymond Lance Briggs faces misdemeanor charges of assault and battery, as well as a charge of actual physical control of a vehicle while intoxicated, after an altercation with his ex-girlfriend last week.

Briggs, 29, was arrested on June 28 after showing up at the home of his ex-girlfriend, Marie Larson.

The police report shows he pulled her by her hair through the front door and also pushed Larson's friend, Jackie Wood.

Police arrived at the scene and found Briggs in his pickup truck with the keys in the ignition.

The police report shows that Briggs had an odor of alcohol on him, as well as slurred speech and red, watery eyes.

He was arrested on the scene for domestic violence and APC.

Briggs will face two counts of assault and battery and one count of APC.

Briggs is the father of Kelsey Smith-Briggs, the 2-year-old Meeker toddler who died of alleged child abuse.

Her stepfather, Michael Porter, has been charged with the death, and her mother Rae Dawn Smith has been charged with enabling child abuse.

------

Web-Posted Aug. 03, 2007 03:59: PM
Briggs arrested on complaint of domestic abuse
By Kim Morava
SNS Reporter
Raymond Lance Briggs, the man Oklahomans know as the father of a slain Meeker toddler, was arrested Wednesday night on an unrelated domestic abuse complaint following a series of events at a Shawnee home.

Shawnee police responded to a fight in progress Wednesday night at a home on East Drummond Street.

Reports of prior domestic problems apparently escalated at the home of Briggs' former girlfriend. The 24-year-old woman told police she and a friend were sitting on the couch when Briggs, 29, came over and dragged her out of the house by her hair, said Shawnee Interim Chief Wayne Crall. The incident reportedly occurred after she answered the door. During the altercation, the front door was busted and front windows broken out, the report said.

The woman alleges she and Briggs parted two months ago and that he had been stalking her, the report said. She reportedly has bruising from Wednesday's incident and her female friend also was reportedly shoved into broken glass when she tried to help, Crall said.

Lance Briggs, Mugshot

A police report shows that Briggs and his friend, Randy Flick, 36, told authorities that they had been assaulted by the two females at the residence. Briggs reported he was assaulted while sitting in his vehicle by being struck on the side of head.

Police found Briggs sitting in his pickup with the keys in the ignition. The report shows he had an odor of alcoholic beverage on his person, along with red, watery eyes and slurred speech. He was arrested at the scene on complaints of domestic violence and APC -- being in actual physical control of a vehicle while under the influence of intoxicants.

The report shows that Briggs told officers that he put the keys in the ignition to roll down his window to talk to police. Following his arrest, Briggs was booked into the Pottawatomie County Public Safety Center and consented to a breathalyzer test. That test revealed a .08 alcohol concentration, which is the legal limit for being drunk.

Randy Flick also was arrested at the scene on complaints of disturbing the peace while being drunk and disorderly and on a complaint of possession of marijuana after police found a leafy substance in his shorts pocket.

Briggs appeared before a judge Thursday and was released from jail after posting a $3,500 bond. He was ordered to have no contact with the former girlfriend.

Late Thursday afternoon, the former girlfriend filed an Emergency Protective Order against Briggs.

In that EPO application, the woman alleges that she and Briggs were in a dating relationship. She alleges he came into her home and pulled her out of the house by her hair, going through the screen door. During the alteration, she alleges that Briggs said he was taking her to the lake, but police intervened.

She also alleged in the EPO application that Briggs has a gun that he keeps in his truck. The EPO was temporarily granted and both parties are scheduled to appear in court for the EPO matter on July 5.

Oklahomans have come to know Briggs as part of an unrelated case involving his daughter, Kelsey Smith Briggs, the 2 1/2 year-old Meeker toddler who died Oct. 11, 2005, of suspected child abuse.

Kelsey's stepfather, Michael Lee Porter, is charged with first-degree murder in Kelsey's death. The child's mother, Raye Dawn Smith, is charged with enabling child abuse.

Court records reveal this unrelated arrest for Briggs is his second for domestic-related issues. In a 2001 Lincoln County case, he was charged with misdemeanor assault and battery, domestic abuse. He pleaded no contest in that case and received a deferred sentence.

Chief Crall said the police report and evidence surrounding Wednesday's incident in Shawnee will be forwarded to the district attorney's office for consideration of any formal charges.

Attempts to contact Briggs for comment were unsuccessful.

Web-Posted Aug. 03, 2007 04:02: PM

Kelsey's father gets deferred sentence for DV

SHAWNEE (AP) -- A one-year deferred sentence has been handed down to the father of child abuse victim Kelsey Smith-Briggs in an unrelated domestic incident with a former girlfriend.
Lance Briggs, 29, of Meeker, pleaded no contest Wednesday to a misdemeanor assault and battery charge filed in Pottawatomie County District Court following the incident.

Briggs reached a plea agreement with prosecutors after a May 28 incident at the home of Marie Larson, 25, of Shawnee.

Special District Judge Dawson Engle ordered Briggs to pay $250 in court costs and fines, and repay Larson $347 for windows Briggs was accused of breaking in her home. A court order states Briggs must attend an anger management course and not drink alcohol or use illegal drugs for one year.

Larson said Briggs should have received a heftier sentence, considering he was convicted in 2001 of assaulting his former wife, Raye Dawn Smith. In that case, Briggs was given a one-year deferred sentence and ordered to attend anger management classes and domestic abuse counseling.

"I think people feel sorry for him," Larson said. "That's why he got off so easy."

Assistant District Attorney Sunne Riedel Day said she felt the plea agreement was fair. If Briggs slides on the court's conditions, he can be locked up in county jail for as long as 90 days.

He also is ordered to stay away from Larson.

Briggs' attorney, Josh Welch, said there was no admission of guilt from Briggs, and that he expects the charge to be dismissed in one year.

Welch said Briggs accepted the plea agreement because he wants to put the incident behind him.

Larson claimed Briggs broke through her front door and attempted to pull her outside by her hair. A friend of Larson's also was cut. Larson had accused Briggs of pushing her friend into a pile of shattered glass from the windows.

Briggs is a witness in the murder case against Michael Lee Porter. Porter is accused of killing Briggs' stepdaughter, 2-year-old Kelsey Smith-Briggs, on Oct. 11, 2005.

Prosecutors allege Kelsey died after being hit in the stomach. Porter is charged with first-degree murder. Smith, Briggs' ex-wife, faces charges of enabling child abuse and child neglect.

Briggs filed a lawsuit in May against the state Department of Human Services, its director and social workers, blaming a systemwide failure for the 2-year-old's death. He also is suing two Shawnee physicians, claiming they failed to recognize and report Kelsey's abuse.

Who had a violent past?

2010-04-15T14:34:00.000-07:00

I've heard that there is a story in the "journalists'" book for the Briggs that Lance sat in the back row of the funeral home because "a soldier always sits with his back against the wall." In reality, according to witnesses, he reeked of alcohol and was falling down drunk and the back row was as far as they could carry him without everyone realizing that he was too drunk to walk. I suppose this is a pattern as evidenced in the following police report:

Things for Kathie and Lance get gooder and gooder

2010-04-14T14:25:00.000-07:00

Seekingpeace
Oklahoma City, OK
Reply »|Report Abuse|Judge it!|#2600316 hrs ago

Judged:111
OSU_CowGirl wrote:

Well, Gee Teri I wonder why? You get your panties in a wad for no good reason and suddenly your friends with Gayla and Jody? Are you kidding me? What would Kelsey think of your behavior Teri? You are making everything about YOU when it should be about Kelsey!

i think that people are jeolous that lance and his mother have made a name for themselfs. they even had a book wrote about them. people need to leave lance alone, i heard he was going to collage and gettin his education at oscar rose collage or may already have it. he will be rich once he gets his movie deal and he can tell his story anyway he wants to. it was his daughter and he knows what really happened. idont beleave he beat up rayd dawn and i think them other women framed him because they were secreatly working for the smiths supporters and staged it. It is sad that people hate them just because they ar e making more money than them.

Seekingpeace
Oklahoma City, OK
Reply »|Report Abuse|Judge it!|#2600515 hrs ago

im in awe too starla, don't you wish we could be like her?

Seekingpeace
Oklahoma City, OK
Reply »|Report Abuse|Judge it!|#260138 hrs ago

you are a spitefull unchristian womom. yes someone can take that away form you. kathie can take that away. you have and you contenue to steel her thunder. never was your grandaughter. are you jeolous of her because she wanted to be famous and is famous now with money. She has become an importnat person and made something of herself. people want to touch her hiar, who wants to touch yours? not me. read the book-who really killed kesley. it will tell you every thing you need to know abaout the briggs and your daughter is mean. i was led to beleave that ashley was a real godd mother to kelsey then the book writers decided to tell the truth about who really killed kelsey. you need to smoke you home out with sage to get rid of the evel that is in you. i think you are sad your daughter is not with lance because now he will have a big house and car, he will be famous when his move comes out and you won't get non of the money and that is what you can not stand. u dont get any money and now kathie can live like gayla lived and now gayla has to be kathy.Sham on both of you, try to be christian like and maybe god mite forgive you but me and kathie and lance dont have to. does anyone know win i can get my book signed by kathie and lance briggs? i also think it would be special to get a picutre with them, i will bring my own camera? i sleep with my book on my heart and i can feel kathie through my heart, i dreamed about her last night and everything turned out for her. her and lances lives will contenue to get gooder and gooder.

Out-of-Control Prosecutors

2010-03-22T12:55:00.000-07:00

Article by wrongfully convicted Jeff Deskovic. Please share...
http://www.jeffreydeskovicspeaks.org/articles/021209leg.pdf

Raye's Unfair Trial

2010-03-22T11:02:00.000-07:00

This was made by Laura, my British daughter. Very good job!

The Murder Business

2010-02-25T14:00:00.000-08:00

I just received two new books I ordered: The Murder Business and Death and Justice, both written by Mark Fuhrman. Death and Justice is about the injustice in Oklahoma and how we have sent many innocent people to prison and to death row. I highly recommend it.

This is an excerpt from The Murder Business: "Media and law enforcement work at cross-purposes. Law enforcement want to solve a case as fast as possible and put the guilty behind bars. The media want a case to drag on as long as humanly possible, and do all they can to extricate every last bit of drama, drop by bloody drop, in order to hold the attention of the millions of viewers who have gotten hooked. Law enforcement must abide by rules. The media make their own rules, and even then break them, or find ways to work loopholes into them. All that matters is ratings.

If people knew how it's done--how the media seduce, buy, bribe, and corrupt, like an inevitable, malignant cancer on a murder investigation--they might be too sickened to buy the next ticket to the carnival...

The unfortunate truth is that today, each murder has many victims, and high-profile murders can hurt innocent people who get burned by the spotlight, whether or not they sought it out themselves. I learned that firsthand as a police witness in the O.J. Simpson trial, a wrenching experience that showed how the criminal justice system can be manipulated by money, power, politics, and fame.

In twenty years of police work, I thought that the guilt or innocence of the suspect was all-important. Then I started covering high-profile murder cases, where ratings and profit often far outweigh the importance of facts."

On December 12, 2005 Jeanna stated, "Did he call Lance to active duty for the protection of his country in order to give Kelsey's story the edge that it needed for the media?"

Kathie's deposition

2010-02-20T12:54:00.000-08:00

I'm working and reading and working and reading and there was one page in particular I wanted to share because I'm always hearing that I have no proof. This is from Kathie Briggs' deposition in July of 2009.

Clear his name?

2010-02-14T19:31:00.000-08:00

Today I spent part of the day working on my book and I'm trying really hard to keep it positive. When I come across some things, my message gets a bit off track.

We've all heard the story of how Kathie wrote to several people after she gave up her visits with Kelsey. The emails and letters have been said to have fought for Kelsey. What hasn't been told is that the emails and letters were aimed at clearing Lance's name.

The first line states: "We need your help in clearing the name of a soldier fighting in Iraq." It doesn't start with "help me save my grandchild" or "I'm fighting for my grandchild."

It seems that each day I learn something new and I grow even more sad for a child I never met. I also grow more certain that Raye was the one who fought for Kelsey. My heart breaks for her.

Held

2010-02-12T14:08:00.000-08:00

Thank you Emily for introducing me to this song. I've never heard it before now. It speaks volumes.

Raye Dawn Smith and Kelsey Smith-Briggs

2010-02-09T14:13:00.000-08:00

This video was removed from Youtube because of complaints from one of the haters. It's a slideshow of Raye and Kelsey, as read by Raye's big sister, Janet.

Justice for Kelsey?

2010-02-06T10:54:00.000-08:00

Shirica's post about meeting with Mike Porter and his OSBI interview

2010-01-24T08:48:00.000-08:00

Shirica
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[no subject]
I don't know how much information I can offer you on
Mike Porter. I do know that he is in a prison out of state,
but I cannot recall which state he is in. I do remember
seeing him listed in whatever prison it is that he is in so I
know he is registered. I do not know his family at all. I
spoke with what I thought was Mary Beth on the
telephone right after Kelsey's death to offer her some kind
of condolence for what her family must have been going
through. At one point I did think I was exchanging
emails with her but came to find out after the fact that
they were actually from Porter. I did not meet with Mike
in my home. I thought at one point that I was meeting
with Mary Beth and Mike in a location in OKC and it
turned out that Mary Beth knew nothing about it and
Mike was the only one there. It was in a very public
location. I cannot be sure if anything he said to me was
the truth or if it was to serve his own purpose. I am sorry
that I cannot offer you much insight on this subject. I
know that both of his parents are deceased and he has
two sisters that live here in Oklahoma and then he has the
mothers of his children that live in the area, but I do not
know them. I have not had any contact at all with any of
his family or him since well before his plea agreement. I
cannot tell you if they are keeping him safe. I was told
that the reason he was moved out of state was because
they could not keep him safe in the state of Oklahoma and
I have been told that the prisoners and guards are not
aware of his situation at the prison he is currently at. I
hope I was able to offer some insight into whatever it is
you are seeking. I just do not know a lot about him. I tried
my best to find out what I could, but when you are
dealing with a criminal it is hard to know what is the
truth. I think he is a sorry individual and it does not make
me any difference if he is protected or not. He made his
mistakes, now he must do what he can to live with them.

Shirica
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RE: Comments on OSBI interviews.
During MP's interview, he kept grabbing his heart and acting like he was having
chest pains and he acted like he was going to vomit a time or two and was very
dramatic. I have never seen such a drama queen. His body language was
screaming guilt. He was beyond nervous and then toward the end he says he
wants an attorney and he wants to see his wife. Watching the tape is so different
from reading it. I truly feel that this man is responsible for the death of Kelsey.
Shirica
Kelsey's Aunt Rees
Yesterday 04:45 PM

donnasking
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Group: Registered
RE: Comments on OSBI interviews.
Shirica,
I have no doubt he did it.
Post: #108
Joined: Feb 2006
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Yesterday 09:28 PM

aunt bean
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RE: Comments on OSBI interviews.
Most of our family members were not allowed in the courtroom during much of
the trial because we were subpoenaed as potential witnesses. My husband and
Lance were able to witness Michael Porter's testimony. I understand that it was
very compelling and he appeared to be genuine and believable. A few KP
members witnessed his testimony. They may be able to give more insight.

Jeanna
Kelsey's Aunt Bean
This post was last modified: Yesterday 07:23 PM by aunt bean.
Yesterday 07:21 PM

LORI9707
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Post: #124RE: Comments on OSBI interviews.
There has been a lot of discussion about MP and also his testimony in court. As I
previously mentioned, I had the opportunity to be in the court room while MP
testified against RD. As I said before, I wanted to believe what he said but started
realizing that some things just didnt add up.
I have read the OSBI transcript from MP's interview. After reading it and thinking
about his testimony, it's clear to me that he had rehearsed his testimony for RD's
trial. I think he knew exactly what he was going to say and how to say it. I also
think he had prepared himself for the attack from Huddleston (RD's attorney). I
was always surprised by how calm and collected he remained even though her
attorney was screaming at him and accusing him of murdering and sexual
assaulting Kelsey. I see major differences in the MP giving this OSBI interview and
the man who sat in that court room. The man is obviously consumed by guilt and
fear. His behavior both at the hospital, afterwards and during this interview make
that obvious. I think he was scared to death that he was about to finally be
caught.
I personally think he was lying about the day he says he walked into the bedroom
and found RD punching Kelsey in the stomach. How convenient that she just
happened to be punching her in the stomach and Kelsey died from abdominal
injuries just a few months later. How convenient that she told him all she had to
do was blame everything on him. I call BS on MP!
For the first time in 2 years, I feel more certain than ever that I know what
happened to Kelsey. I think the role that RD played in her death will always
remain a mystery but I think for most of us, we know who killed Kelsey. I find
some small bit of peace in having some questions answered by these interviews. I
am so thankful that the Briggs family has been kind enough to share them with all
of us.
--------------------------------------------------------------------------------
Kelsey's Purpose Consultant
"If we don't stand up for children, then we don't stand for much." - Marian
Wright Edelman
Today 01:52 PM

More E-mails with Mike Porter and the Briggs

2010-01-24T07:50:00.000-08:00

These are more of the e-mails between Mike Porter and the Briggs. Keep in mind that when he pretends to be his sister, it's him. Also, notice Mike Porter is the one who keeps stating he was home alone with Kelsey for 12 to 15 minutes. The timeline suggests 30 to 45 minutes. And Lance's attorney said at the hearing on the 8th that he was home alone with her for 45 minutes. According to the expert, the injuries could have been done to cause her death in just a few minutes.

I'd like to remind everyone that Mike Porter plead the fifth when Raye's attorney asked him questions during his deposition as Lance's attorney objected to the questions and then got tired of it and left after shaking Mike Porter's hand. If it was true, as he suggests in the e-mails, that the truth for Kelsey is what matters, why plead the fifth? Why did he not answer a single question? His and the other depositions are in my book. I'm sure you'll find them very interesting reading.

For those of you who don't know, these e-mails were obtained legally and were meant to be used as evidence at Raye Dawn's trial, but when her attorney tried to bring them up, he was shut down. It's just one more instance of how unfair Raye Dawn's trial was.

Thursday, January 12, 2006 1:58PM
From: John Smith truejustice101105@hotmail.com
To: shirica@hotmail.com
Subject: RE: DA
the only thing I want people to know is the truth. If anyone wants to really know what happened in those nine months – Mike knows. In my opinion, Raye Dawn will tell only up to the point where it makes her look bad, and that is pretty much everything. I know you were not telling me what to do – it is amazing that some people would use this situation for their own personal gain. The site will die out, I agree. The medical report was unbearable. I could not sleep at all last night – I prayed all night that God would allow the DA to hold RD accountable with the findings of the report. I can not imagine what she had to endure. I do not understand how any one could do that to Kelsey – and the thought of Kelsey looking at Raye DAwn and wondering why kills me. He needs to know that here is alot more to this story than whatever he has been told by Raye Dawn. The truth for Kelsey is the most important thing to me – and people need to hear it.

Thursday, January 12, 2006 00:56:42 -0600
From: “shirica howard” shirica@hotmail.com
To: trujustice101105@hotmail.com
Just so you know, you can change your identity all you want on the site but the host of the site knows who you are every time you get on there by your IP address. She lives in Meeker and she as a VERY big mouth. She knows it is you and she is telling people. Her name is Ashley Gilbreth. She used to work at Lewis and her mother in law still does. You should really think before you get on there again.
Shirica

Thursday, January 12, 2006 3:03AM
From: John Smith truejustice101105@hotmial.com
To: shirica@hotmail.com
Subject: RE:
thank you for the info Shirica..if I would have known who she was I never would have gotten on there in the first place. I think her mother-in-law is still a RAye Dawn supporter.

Thursday, January 12, 2006 18:21:12 -0600
From: “shirica howard” shirica@hotmail.com
To: truejustice101105@hotmail.com
Subject: Discouraging news
First, I want to say I think it is great that you want to help by submitting ideas to make changes in this system that was set up to protect. I think you could add a lot of insight. I am proud of you for trying to shift some of that energy to something positive. It is much healthier. With that being said, I must now add a bit of news that you may find somewhat discouraging. Please hold onto the fact that good things come to those who wait. I have news from the DA. There will not be an arrest until the week of your hearing so quit hoping it may be next week. He apparently has another trial on Tuesday he needs to focus on. He does not seem to understand the importance o this case, so I guess it is time to remind him. I am having everyone I know send him a postcard letting him know that this case WILL make or break his career. I will be urging him to get with the program and start making this case a priority. You might suggest doing the same to your supporters. Mom will be on the news at ten on channel 4 and 9 tonight.
Please do not lose your faith. I have this hope for seeing Raye in her stripes being paraded into court they way you were except I hope there are cameras in her face when they do it. I know that hope will come to light. I know it will.
Shirica

Thursday, January 12, 2006 9:06PM
From: John Smith truejustice101105@hotmail.com
To: shirica@hotmail.com
Subject: RE: Discouraging news
Patty would have noticed her toenail – with the bright orange paint – and if she didn’t Kelsey SURE would have pointed it out. She was so proud of her fingernails and toenails. They made her a big girl. The thing is I can’t say for sure if I would have noticed – from the second I saw her I was in panic mode. My worst nightmare had always been one of the kids in that situation. But it seems that someone else might have seen it before the ME??? I don’t know. Knowing the extent of her injuries now kills me. Kelsey had no chance no matter what me or anyone else did. THAT SELFISH BITCH!!! the news about the DA is discouraging. I guess the most discouraging thing is it is hard to believe anything that the DA says anymore. For the last month it has been next week, next week, next week. Now he has everything he said he was waiting on, the OSBI report, the ME report, and he still stalls. If anything the ME report only makes it more obvious to me that Raye DAwn is guilty. How could I have done all that in 12-15 minutes?? Why would I do ANTYHING when HONESTLY thought se was asleep? Why would I do anything to hurt her when I knew Mike would be there any second???? The thing about the DA is if he knows he is going to do it then WHAT IS HE WAITING ON??? The evidence is THERE. Why wait?? Why let her walk free?? I will believe he is going to hold her accountable when he steps up and does it. I can not fathom how hard this must be for your family. The mistakes they made with me and now their reluctance to prosecute Raye Dawn. My supporters have and will contnue to push him to follow through. He has to know that people will not stand for him allowing a person to walk free who even in HIS MIND AT THE VERY LEAS HAS TO BE GUILTY OF FAILURE TO PROTECT AND IN MOST OTHER PEOPLE’S MIND IS GUILTY OF MURDER!!! I have written a whole page of things that I have thought about all day concerning changes that I think would have helped Kelsey by providing hard evidence that Raye DAwn was hurting Kelsey. I will type them up and send them to you, probably later tonight. I have a feeling sleep won’t come tonight either. You continue to give me strength. Thank you. If you believe that the DA will do what is right then I will try to.

January 23, 2006 12:42:06 PM CST
From: letjusticebedone@hotmail.com
To: KJBRIGGS@aol.com
Subj: Not sure if I have sent you this one or not??

Thursday, January 12, 2006 23:24:56 -0600
From: “John Smith” truejustice101105@hotmail.com
To: letjusticebedone@hotmail.com
Subject: RE: Hope
I hope that any information that you recieve from the website will be confidential and not be used in ANY way to jeopardize justice for Kelsey. This CAN NOT happen. I know the IP addresses of those who post are probably available to you. But my point is, I feel your heart is in the right place regarding Kelsey. I think I knew who you are, but the fact is it doesn’t matter. I know that you may know people that are for Raye Dawn, but we all should want justice for Kelsey no matter who it involves. I hope you don’t take this e-mail the wrong way, I just wanted to make sure your intentions were completely honest and you would never exploit any of the things that were said or any of the information obtained from the board to help someone who does not deserve helping. To many people this is our life and not something that is happening to someone else. I am in no way questions your motives, I just want to make my feelings clear. God Bless.

Friday, January 13, 2006 21:02:41 -0600
From: “shirica howard” shirica@hotmail.com
To: trujustice101105@hotmail.com
Subject: Urgent
what do you know about a hand print bruise?
Shirica

Friday, January 13, 2006 9:14PM
From: John Smith truejustice101105@hotmail.com
To: shirica@hotmail.com
Subject: RE: Urgent
when would this bruise have been on Kelsey?

Friday, January 13, 2006 21:23:28 -0600
From: “shirica howard” shirica@hotmail.com
To: truejustice101105@hotmail.com
Subject: RE: Urgent
I am not sure. I really kind of need to talk to you because I am not sure I can tell you what I know in this email. It is just a little too bazarre. I just wondered if a hand print bruise meant anything to you at all.
Shirica

Friday, January 13, 2006 9:26PM
From: John Smith truejustice101105@hotmail.com
To: shirica@hotmail.com
Subject: RE: Urgent
the only thing that I know about a hand print bruise is very very old. Before me. If it is something recent then I have no clue what you mean. If you want you can call me at 602-0877.

Friday, January 13, 2006 11:01:18 -0600
From: “shirica howard” shirica@hotmail.com
To: truejustice101105@hotmail.com
Subject: POSSIBLE GOOD NEWS
I do not mean to tease you with this next piece of information, but we have been told by OSBI that the possible reason for the stall from the DA is that he is not just looking at making ONE arrest. He is looking at making multiple arrests. Now, you know how things are said and they may or may not come to light, but that would be a nice explanation as to why they are not moving quickly. I personally would love to see more than one person arrested. Be patient. I know that is hard to do, but we have to believe that God has heard our prayer and the light has been placed in the right place.
Shirica

Raye of Hope

2010-01-23T14:11:00.000-08:00

Wrongful convictions do exist.

Video by Sherri Heath, cousin to Raye Dawn Smith.

Proof of the hate

2010-01-22T18:33:00.000-08:00

My good friend in London, Laura, made this video to show some of the hate these people have spread just in the last few weeks. Thank you Laura! Big hugs to you.

Kelsey's Purpose

2010-01-18T11:23:00.001-08:00

I guess some missed this in my post from yesterday. Kathie told people on Kelsey's Purpose to contact the district attorney and the judge regarding Raye Dawn's bond.

Seekingtruth aka Mike Porter and the upcoming biased book

2010-01-17T07:07:00.000-08:00

The following are private messages between seekingtruth (Mike Porter) and Kelsey's Purpose members. (Yes, if you're a member of Kelsey's Purpose, they can read your private messages. Terri Sigman shared that information with one of my friends.)

Mike Porter was still a member of Kelsey's Purpose as of the time we investigated his status. In fact, he visited Kelsey's Purpose 711 times from the time he was released on bond to the time of his plea deal. His last log in was just before he went to prison - this would have been from approximately December 2005 to February 2007 - 711 visits. He joined the Web site in March of 2006, just after Kathie stopped communicating with him via e-mail.

From id Tinam told seekingtruth Subject no subject utc timestamp 10/6/06 2:26am
message I liked your post on the letter that sad little Gayla wrote.

Fromid seekingtruth told Tinam subject re: no subject utc timestamp 10/6/06 2:44am

[quote-Tinam] I liked your post on the letter that sad little Gayla wrote.
I tried my hardest to bite my tongue but I just could not. I read this site daily and for family member to come on here and accuse people of hatred was just too much. Ultimately it is a waste of time to try to tell people like that anything. Supporting loved ones is one thing, but to lay blame at the feet of people that tried to help Kelsey is just plain wrong. If they would have cared about Kelsey half as much as they care about Raye Dawn things would be different right now. Some of the things they say like saying that they were trying to figure out where the abuse was coming from just makes you shake your head. Raye Dawn had abuse confirmed on her. In my opinion that is the point when if she did not abuse her child she would have stopped protecting whoever did it. I am sick of them playing the victim role, but that is all they know I guess. It makes me angry and sad at the same time. Kelsey never stood a chance with those people. Didn’t mean to vent but those people make me so upset.

Fromid Tinam told seekingtruth re: no subject utc timestamp 10/6/2006 2:56am

{quote=seeking truth} {quote=Tinam} I liked your post on the letter that sad little Gayla wrote. {quote} I tried my hardest to bite my tongue but I just could not. I read this site daily and for family member to come on here and accuse people of hatred was just too much. Ultimately it is a waste of time to try to tell people like that anything. Supporting loved ones is one thing, but to lay blame at the feet of people that tried to help Kelsey is just plain wrong. If they would have cared about Kelsey half as much as they care about Raye Dawn things would be different right now. Some of the things they say like saying that they were trying to figure out where the abuse was coming from just makes you shake your head. Raye Dawn had abuse confirmed on her. In my opinion that is the point when if she did not abuse her child she would have stopped protecting whoever did it. I am sick of them playing the victim role, but that is all they know I guess. It makes me angry and sad at the same time. Kelsey never stood a chance with those people. Didn’t mean to vent but those people make me so upset. {quote}
Well, your reply is a lot nicer than I would like to be. I will never believe for one second that RD is innocent of anything!!! Personally, after hearing on the news what she said in court in Mike’s prelim, I feel that the charges should be reversed!!!! But that’s just my opinion!!! I’m very hard on her when it comes to talking about Kelsey, because she was the mother and for that child to be dead is a reflection of her character!!!!!!

Fromid seekingtruth told Tinam subject re: no subject utc timestamp 10/6/2006 12:26pm

{quote} Well, your reply is a lot nicer than I would like to be. I will never believe for one second that RD is innocent of anything!!! Personally, after hearing on the news what she said in court in Mike’s prelim, I feel that the charges should be reversed!!!! But that’s just my opinion!!! I’m very hard on her when it comes to talking about Kelsey, because she was the mother and for that child to be dead is a reflection of her character!!!!!! {quote}
I will always believe that she is responsible for Kelsey’s death too. Too may things do not add up. I heard about some of the things that were said in court and it sounded like she didn’t help herself at all. You would think if anyone should have loved Kelsey enough to tell the truth it should have been her “mother”. I have heard too many people say that they saw her mistreat and abuse Kelsey to think it was all the step-dad. I just have to shake my head when I seem them continue to embarrass themselves by bashing the Briggs and supporting the people who failed Kelsey. Talk about going down with the ship, my gosh.

Fromid MistyLT told seekingtruth subject fw: no subject utc timestamp 10/7/06 6:18am
He’s standing over the top of me so I can’t answer you. R.D. knows just how to get people to like her. She was in no telling how many beauty pageants in her life and up on the state taking dance for over 12 years. She knows just how to smile and win people over. She’s very good at it. Very Good. FYI Before Lance had the DNA test for Kelsey’s paternity, R.D. was wanting to move to Florida and be a topless dancer. Yeh, I laughed at that one too…she’s flat on top…or was. Her mom, along with Carl Randall’s mom (Dorothy Randall, Mildred’s sister) had already checked into her staying with Carl’s dads brother in Florida. They were going to run away and Gayla was going to help hide R.D. She never did this, but she was very close to it. I’m sure that if it was brought up now, they’d deny anything about it…but it did happen this way. I’d heard that R.D. danced down at the Earlsboro nudie bars for awhile. Don’t know for that sure. Her cousin (Justin’s dad) told me that.{quote}

Fromid MistyLT told seekingtruth subject fw: no subject utc timestamp 10/15/06 11:03pm
{quote=Debbie Hammons} Maybe the pregnancy made her boobs grow! Haha who knows, but she used to be flat. That was what was so funny about the fact that she wanted to be a stripper. The whole thing about going to Florida was to hide from Lance and his family. Then Gayla thought about hiding her out at another part of the state. They were really planning on getting her away and keeping her “protected” from Lance. Shoot, the whole time she was married to Lance, she was very violent towards him. Ray went over there many times in the middle of the night because she would be drunk and hitting and screaming towards Lance. One time she even put her hand thru a glass door and shattered it. She’s one wild and wicked person, I’m telling you. I’m sure that Mike doesn’t know all what happened with Lance because Raye Dawn isn’t going to tell him what SHE did. It’s always the other way around. Back when I still lived in Meeker, I was on my way home from work in the middle of the day & Gayla called me (she knew that I was going home) and asked me to stop in there to see what was happening between R.D. & Lance. They lived in the R.D.’s grandpa Smiths old house just south of where Mildred lives. Anyways, I pulled in there & R.D. was out in the yard just having one of her fits & Lance was just sitting there. Course, at the time they had me believing everything that they told me about Lance (I found out the truth later) & R.D. got in the car & sat there talking to me for a very long time. Now, Gayla was at work, Mildred was at work at Lewis Mfg. & both of them were really upset that Lance was going to “hurt” R.D. (because that’s what she had told them) yet neither bothered to even take off work to go check it out, so I went by there. Lance was calm, R.D. wasn’t. I told her if the marriage wasn’t working out, etc., to get out of it. I had figured out by this time that she was drinking heavily again, (she did that before they got together too) and she was totally out of control. She would throw things in the creek behind their house (household things) & then say that he broke all her collectables (I had bought quite a few of them & they weren’t cheap, for her for her sr. graduation). She was just totally nuts. She needed psychiatric help & I’d even told Gayla that before she even met Mike. She was out to get Mike & marry him from the first time she met him. She thought he had money & Gayla ALWAYS told R.D. it was just as easy to marry a rich man & fall in love later. Did you see her at Mike’s & her arraignment? I haven’t went to any of that stuff so I haven’t seen her in person since I was at court in 6/05. Are you going to be at the walk this afternoon? I’m going to try to be there…me and my flag chair! Haha{quote}

Fromid Seekingjustice told seekingtruth subject no subject utc timestamp 10/22/06 2:02am
Actually my opinion on the whole situation is that Mike was set up to be the one found alone with Kelsey when she died and that Raye Dawn actually is the one who killed Kelsey. In my opinion and I repeat MY opinion, the charges are flip flopped and Mike should be the one charged with Enabling Child Abuse and Raye should be the one charged with murder. I am, however, a witness in the case so I can not go into detail about the evidence I have seen and heard-on which my opinion is based! I didn’t want to post this on the main board simply because I know no one will agree with me and I don’t expect them to because we all are entitled to our own opinions. But you are right, everyone on the maternal side who saw Kelsey often should be charged and punished with at least failure to protect!

Fromid seekingtruth told MistyLT subject Fw: no subject utc timestamp 10/22/06 2:26am
{quote=SeekingJustice} Actually my opinion on the whole situation is that Mike was set up to be the one found alone with Kelsey when she died and that Raye Dawn actually is the one who killed Kelsey. In my opinion and I repeat MY opinion, the charges are flip flopped and Mike should be the one charged with Enabling Child Abuse and Raye should be the one charged with murder. I am, however, a witness in the case so I can not go into detail about the evidence I have seen and heard-on which my opinion is based! I didn’t want to post this on the main board simply because I know no one will agree with me and I don’t expect them to because we all are entitled to our own opinions. But you are right, everyone on the maternal side who saw Kelsey often should be charged and punished with at least failure to protect!{quote}

Fromid seekingtruth told SeekingJustice subject Fw: no subject utc timestamp 10/22/06 3:17pm
{quote=SeekingJustice} Actually my opinion on the whole situation is that Mike was set up to be the one found alone with Kelsey when she died and that Raye Dawn actually is the one who killed Kelsey. In my opinion and I repeat MY opinion, the charges are flip flopped and Mike should be the one charged with Enabling Child Abuse and Raye should be the one charged with murder. I am, however, a witness in the case so I can not go into detail about the evidence I have seen and heard-on which my opinion is based! I didn’t want to post this on the main board simply because I know no one will agree with me and I don’t expect them to because we all are entitled to our own opinions. But you are right, everyone on the maternal side who saw Kelsey often should be charged and punished with at least failure to protect!{quote}
Sorry I just saw this PM. I completely agree with you. I know several people involved and I also will never believe that Mike killed Kelsey. Everything I have seen has pointed at Raye Dawn. I do think you would be surprised how many people think that. I know that in the town of Meeker many people think Raye Dawn is responsible and also in Shawnee where Mike is from most people believe that Raye Dawn did it. In my opinion he should be punished but not for something he did not do.

Fromid SeekingJustice told seekingtruth subject Re: no subject utc timestamp 10/22/06 7:06pm
I’m glad that you can see where I’m coming from. And yes, both Mike and Raye dawn should be punished but they should be punished for what they did-he should not go to jail for murder but for failure to protect. She should not go for child abuse but for murder! I also think Gayla should go to jail with her since she supposedly saw Kelsey so much yet she somehow didn’t see all of the signs of abuse or else she saw them and chose not to report them because she knew her daughter was the one who did it and she didn’t want to get her into trouble. I used to babysit Mike’s kids and NEVER EVER saw anything on either of them. They were two of the happiest kids I had ever met in my life and they had a GREAT dad and they still do. The only thing Mike did wrong was not help Kelsey. He should have tried to help her even if it meant upsetting Raye Dawn. I’m sure now he realizes that. Another thing that bothers me is that she didn’t go file for divorce. If they arrested my husband and said that he killed my son or daughter I would be a the court house before the police even had him there and I would be filing those papers-but I think she was too worried on covering her own butt to even think about filing for divorce. I’m sorry but none of the things she has done add up to me. But don’t get me wrong I do believe Mike should be in trouble also but like you said she should not be in trouble for something he didn’t do. Are you from Meeker? Or Shawnee?

Fromid seekingtruth told SeekingJustice subject Fw: no subject utc timestamp 10/22/06 7:33pm
{quote} I’m glad that you can see where I’m coming from. And yes, both Mike and Raye dawn should be punished but they should be punished for what they did-he should not go to jail for murder but for failure to protect. She should not go for child abuse but for murder! I also think Gayla should go to jail with her since she supposedly saw Kelsey so much yet she somehow didn’t see all of the signs of abuse or else she saw them and chose not to report them because she knew her daughter was the one who did it and she didn’t want to get her into trouble. I used to babysit Mike’s kids and NEVER EVER saw anything on either of them. They were two of the happiest kids I had ever met in my life and they had a GREAT dad and they still do. The only thing Mike did wrong was not help Kelsey. He should have tried to help her even if it meant upsetting Raye Dawn. I’m sure now he realizes that. Another thing that bothers me is that she didn’t go file for divorce. If they arrested my husband and said that he killed my son or daughter I would be a the court house before the police even had him there and I would be filing those papers-but I think she was too worried on covering her own butt to even think about filing for divorce. I’m sorry but none of the things she has done add up to me. But don’t get me wrong I do believe Mike should be in trouble also but like you said she should not be in trouble for something he didn’t do. Are you from Meeker? Or Shawnee? {quote}
I could not agree with you more. I know Mike very well. I am from Shawnee. I know he was and is a good father. I saw him with Kelsey and his own kids. I think that there are a lot of people that know that this case doesn’t add up. I know for a fact that Mike wishes he would have helped Kelsey. I truly believe that if he was charged with failure to protect he probably would have plead guilty because that’s how he feels. Like I said, I know him very well and he is not the person that so many people want to make him out to be. I think he should be punished but not for the things he is accused of. I truly believe that it is so obvious that Raye Dawn did it. I just can’t see what the DA sees, and I know a lot of other people can not see how anyone could not see straight through her. I think it is sad, sad, sad, most of all for Kelsey and also for the other kids involved. Mike’s kids are probably going to lose a father just because he is an easier target for a conviction. Like I said, no one will ever be able to convince me that Mike killed Kelsey. The evidence is just not there. I will always know that Raye Dawn got mad at Kelsey that day and went too far. Plus she knew Lance was coming back and he would take Kelsey from her.

Fromid seekingtruth told MistyLT subject Fw: no subject utc timestamp 10/22/06 7:39pm
Now this is getting interesting lol
{quote=SeekingJustice} I’m glad that you can see where I’m coming from. And yes, both Mike and Raye dawn should be punished but they should be punished for what they did-he should not go to jail for murder but for failure to protect. She should not go for child abuse but for murder! I also think Gayla should go to jail with her since she supposedly saw Kelsey so much yet she somehow didn’t see all of the signs of abuse or else she saw them and chose not to report them because she knew her daughter was the one who did it and she didn’t want to get her into trouble. I used to babysit Mike’s kids and NEVER EVER saw anything on either of them. They were two of the happiest kids I had ever met in my life and they had a GREAT dad and they still do. The only thing Mike did wrong was not help Kelsey. He should have tried to help her even if it meant upsetting Raye Dawn. I’m sure now he realizes that. Another thing that bothers me is that she didn’t go file for divorce. If they arrested my husband and said that he killed my son or daughter I would be a the court house before the police even had him there and I would be filing those papers-but I think she was too worried on covering her own butt to even think about filing for divorce. I’m sorry but none of the things she has done add up to me. But don’t get me wrong I do believe Mike should be in trouble also but like you said she should not be in trouble for something he didn’t do. Are you from Meeker? Or Shawnee? {quote}

Fromid MistyLT told SeekingTruth subject Fw: no subject utc timestamp 10/22/06 4:55am
{quote=mommy_of_an_angel} Carolyn has never said much, the only thing she has said is that Kayla was sick, she gave her some Dimetapp and put her to sleep. Or at least that’s what she said to the Detective. She had numerous stories she told to different people before she was arrested and they all have something to do with Kayla being deathly ill.

{quote=MistyLT} I just wanted to tell you that I know it’s obvious by some of the posts that people didn’t really read the case close enough. I read everything on both sites and I think your theory about her putting the poison in the medicine is right on the money. Has Carolyn given any explanation as to why the poison was there or what happened? {quote}

In August of 2006, the district attorney, Richard Smothermon, asked that Mike Porter's bond be increased due to the addition of the sexual assault charge against Mike Porter after the second autopsy. This request was denied since Mike Porter had been out on bond since December, 2005, even though Mike Porter had been communicating with the Briggs after his bond. Kelsey's Purpose members never spoke of their disappointment that his bond amount was not changed and they did not picket or write or call to have it changed, knowing that the district attorney fully believe that Mike Porter sexually assaulted Kelsey.

This is Mike Porter's profile on Kelsey's Purpose. As of July, 2009, he was still a member. You'll notice that it says he only posted four times on the forum, and below are three of his posts, but in another thread the members responded to his posts that had been removed.

In the following thread, you'll see what Kelsey's Purpose does. They find a case, form an opinion based on media reports, jump in and defend one side and then start contacting officials, media, family members, and so on. In this thread, as always they bring the other child's case back to that of Kelsey's and begin complaining about Raye Dawn and how they aren't happy with her bond or how she was treated, yet no mention at all of Mike Porter. Although Mike Porter's posts were deleted, they respond to him and their posts take on a different tone. (The posts are just a few from the thread)

As it was at Kelsey's Purpose from the beginning, the focus has been and remains on Raye Dawn, the mother who loved her child and was not home at the time of her child's death. Not only has the public been deceived into thinking that Kelsey's Purpose is about helping children when it was in fact about trashing Raye Dawn, her family, and others, but now the public is being told that two journalists are writing an investigative piece that explores the question of who killed Kelsey.

Their Facebook page that is filled with only negative comments about Raye Dawn coupled with the relationship the journalists have with the Briggs, i.e. Cherokee Ballard had Thanksgiving dinner at the Briggs home and Britten Follet published trial notes during Raye Dawn's trial that were incomplete and one-sided while reporting only the negative side of the story, illustrate to us the true nature and intent of the book. I believe this picture of Kathie Briggs with the authors says it all.

As for me, I get paid to investigate and research for my clients when working on projects. At times, clients come to me with a title or a sentence and I create a fully researched book. This is what I do. I research, investigate, get to the heart of the matter, and write about it. I find the truth about the subject and expose it and I'm good at it. If I were a liar, as the Briggs wish the public to believe, why do they waste energy on me? Food for thought.

Have a blessed day and more of the secret e-mails and my investigations that cannot fit into the book will be posted at a later date.

Wrongful Convictions in Oklahoma

2010-01-15T07:39:00.000-08:00

We met Senator Connie Johnson in early 2008 on a trip to the State Capitol as we passed out informational packets about Raye Dawn's wrongful conviction. We ran into the Senator again when we joined the Coalition to Abolish the Death Penalty here in Oklahoma. She's a passionate woman who cares about wrongful convictions in our state and she marched with us in the summer of 2009 in our state's freedom march, a concept that a wonderful friend in a state just to the north and I created and then my friend along with Sherri Heath and myself enlisted 16 to 20 states to march with us - www.freedommarchusa.org.

Senator Johnson has now introduced a bill against wrongful convictions to create the Oklahoma Commission on Wrongful Convictions. It's part of the Senator's plan to end the death penalty in our state within the next four years, something many of us have been praying for considering the number of proven wrongful convictions; ten have been exonerated from death row.

Oklahoma currently has no innocent project and has relied on the Midwestern Innocence Project for all of our wrongful conviction cases. Senator Johnson's bill introduction is the first of many steps that will make some positive changes in our state.

To find out more about wrongful convictions, you can visit www.Rayeofhope.org. This is a cause that has become near and dear to my heart as I've gotten to know families from every part of the United States who are suffering with their loved ones who they believe are wrongfully convicted, just as Raye Dawn Smith.

Other Trial Notes

2010-01-11T22:54:00.000-08:00

Key things that need to be noted about the depositions are as follows:

1. Lance didn't know Kelsey's birthday or anything about her. He told Raye's attorney, "Ask my mom."
2. The "broken man" the Briggs described who doesn't smile anymore laughed as he sat through Raye Dawn's deposition and held up his fingers for 27, the number of years that Raye was sentenced. He laughed during a deposition about the abuse and murder of his daughter.
3. Kathie stated that she didn't make a single call to DHS concerning Kelsey. The grandmother who "fought so hard for her grandchild" didn't even call in a single report to DHS, according to her.
4. Ashley was unreachable and didn't show up to testify for Lance
5. Richard Smothermon threatened to file a restraining order against Jones if he asked any questions about the case
6. Mike Porter plead the fifth and was defended by Lance's attorney and Lance's attorney shook his hand

Who's hiding something? It sounds like a few people are hiding things.

Further notes on the hearing -
Gayla was listed on Raye Dawn's witness list but Raye Dawn did such a wonderful job that Jones didn't need Gayla.
Plus, Lance's attorney who sounded like a preacher giving a sermon instead of asking questions took up most of the time with his repetitious double talk
Jones wanted to add two more witnesses to Raye Dawn's list but Lance's attorneys threw a fit about it
Lance's attorneys, three middle-aged men high-fived each other after the hearing, which looked almost as silly as Lance's attorney looked on New Year's Eve at the piano bar with his little hat and his horn, ordering drinks, dancing, and carrying on like he was 21

After the hearing, a reporter walked up to Sherri and asked her if she wanted to talk to the media. Sherri stated that she would and as we walked to the elevator I asked the reporter what channel he was with. He stated, "Fox 25." I told Sherri, "He's with Britten's channel." Sherri turned around and told him that she did not have anything to say to any news channel that is associated with Britten Follet. We went outside and a few cameras were there. Sherri made a statement and afterward realized that the channel 25 camera was there. Sherri told the cameraman, "You do not have my permission to use my interview." In a very rude tone he told her, "It's way too late for that lady." Sherri then called the station and told them not to air her interview and they did it anyway. She explained to them that Britten Follet has been reporting biased reports against Raye Dawn and her family since the start of the case and now she's writing a biased book and she did not want to have anything to do with the channel. They stated that she was on a public street so she couldn't do anything about it.

It's so upsetting how the media has treated this case and how everything has been tilted in the favor of the Briggs, a family that has repeatedly lied. The hate will not end until the liars are no longer given a platform. I'm praying for that day to come soon!

Raye Dawn's Testimony

2010-01-11T22:39:00.000-08:00

I didn't proof this because it took so long to type. I apologize for any typos.

Raye Dawn was called to the stand.

The marshal moved to the chair beside the witness stand. His handcuffs and gun were visible underneath his suit jacket.

Raye Dawn’s hands were not cuffed, but the shackles on her feet jingled as she walked to the stand. The jingle sound, each time I heard it as she sat at the table and walked to the stand, went through my heart. It was like nails on a chalkboard.

Jones asked about Raye’s education and employment. Raye Dawn stated that she had attended Seminole college and listed the areas of study. Raye Dawn then listed her employers, including two nursing homes.

Jones asked about her conviction of enabling child abuse and stated that her case was still in appeals.

Jones asked Raye Dawn when she learned of her pregnancy. She stated that she found out she was pregnant in August of 2002.

Jones asked Raye Dawn who named Kelsey and where her name came from. Raye Dawn explained that her grandma had seen the name Kelsey and liked it. Shelton is Raye Dawn’s father’s middle name.

Jones asked Raye Dawn questions about where she lived and she answered.

Jones asked Raye Dawn if she worked after Kelsey was born. Raye Dawn stated that she was home with Kelsey for eight months while she took care of her dad. Raye Dawn stated that she went to Seminole State at night.

Jones asked Raye Dawn about Kelsey’s pediatrician. Raye Dawn stated that Kelsey went to Mary Mahoney Clinic for immunizations or for check-ups.

Jones asked Raye Dawn who took Kelsey to the doctor. Raye Dawn stated that she did.

Jones asked Raye Dawn if she took pictures of Kelsey to document their relationship. Raye Dawn stated, “I took pictures because I was proud of her.”

Jones asked about Kelsey.

Raye Dawn stated that she had a little doll that was a Precious Moments doll and it would say “Amen” and Kelsey would repeat it and say “Amen.”

My note: During Raye’s stories, her voice is full of love. The audience members are laughing at the things Kelsey did.

Raye Dawn stated that she had an old razor that she was finished with so she took the blade out of it and gave it to Kelsey and she would tell Kelsey that it was time to get out of the bathtub and Kelsey said, “Mommy, I haf to shave my legs.”

My note: Laughter from everyone

Jones asked Raye Dawn about her dad dying. Raye stated that he died on April 15, 2004. Raye stated he was sick with cancer.

Jones asked Raye Dawn where she worked. Raye stated that she went back to work at Lewis Manufacturing.

Jones asked what Raye Dawn did at Lewis.

Raye Dawn stated that she made grips for oilfields. She braided the grips.

Jones asked Raye Dawn what her hours were. Raye Dawn stated that her hours were 7am to 4pm, 5 days a week.

Jones asked Raye Dawn when she moved out. Raye Dawn stated that she moved into an apartment in meeker in August, 2004.

Jones asked where Kelsey went while Raye Dawn was at work. Raye Dawn stated that Miss Julie looked after Kelsey. Raye Dawn stated that she was highly recommended.

Jones asked who else watched Kelsey. Raye Dawn stated that her mom, her sisters, or [I believe she said something about a family.]

Jones asked Raye Dawn why she switched Kelsey from formula. Raye Dawn stated that she switched her because she threw up the formula and was constipated. Raye Dawn stated that Kelsey did fine on vitamin D milk. Raye Dawn stated that when they switched that she was no longer constipated and didn’t throw up.

Jones asked Raye Dawn what types of foods Kelsey liked to eat. Raye Dawn stated that she liked mashed potatoes, goulash, grapes, cherry tomatoes, frozen custard, and milk. Raye Dawn stated that Kelsey would say, “I haf to have my milk.”

Jones asked Raye Dawn what were Kelsey’s first words. Raye Dawn stated, “Momma and duck.”

Jones asked about Kelsey walking. Raye Dawn stated that Kelsey was standing at eight months and that she walked at nine or ten months. Raye Dawn stated that Kelsey started walking by pushing a laundry basket.

Jones asked Raye Dawn about Lance’s visitation. Raye Dawn stated that the visitation started in March or April of 2003.

Jones confirmed with Raye Dawn that Lance never filed for joint custody. Raye Dawn agreed that he didn’t.

Jones asked Raye Dawn about Kathie filing for guardianship in January, 2005. Raye Dawn stated that she had dropped Kelsey off with Kathie and that Kelsey had a broken collarbone.

Jones asked Raye Dawn about Lance’s visits. Raye Dawn stated that before Lance’s deployment he had supervised visits and then he had Kelsey every other weekend.

Jones asked when Kelsey was removed from Kathie’s home. Raye Dawn stated that she was removed in May, 2005 and placed with her mom, Gayla.

Raye Dawn stated that she asked Kathie why she didn’t call and tell her that DHS was taking Kelsey.

My note: Kathie shaking her head

Lance’s counsel objected

Objection was sustained

Jones asked Raye Dawn how long Kelsey was with Gayla. Raye Dawn stated that she was with her for over a month.

Jones asked Raye Dawn what she had to do to regain custody of Kelsey. Raye Dawn stated that she took parenting classes for a month that were 3 to 4 hours once a week. Raye Dawn stated that she took anger management classes. Raye Dawn stated that she took a domestic violence inventory that showed that she was being truthful and she passed.

Jones confirmed with Raye Dawn that she took everything asked of her and completed all of her classes and screenings and Raye Dawn stated that she did.

Jones asked Raye Dawn what she called Kelsey. Raye Dawn stated that she called her “Kels” “Kelser” or “Little Row”

My note: Raye Dawn is crying

Raye Dawn stated, “She was my best friend. She was a part of me.”

My note: Raye Dawn is sobbing

Raye Dawn stated, “When she was happy, she would gallop down the hallway. She was just happy.”

Jones established with Raye Dawn that she took her to the doctor when necessary.

Jones established with Raye Dawn that she was responsive to doctors and trusted their diagnosis.

Jones established with Raye Dawn that in 2005 that Kelsey stayed with Raye Dawn and then Raye Dawn and Mike and also with Kathie and Ashley.

Raye Dawn stated that every other day she was at a different house.

Jones asked Raye Dawn when she married Mike Porter. Raye Dawn stated it was April 18, 2005.

Jones asked if there was a picture of Kelsey on that day standing on the courthouse steps. Raye Dawn stated there was.

Jones asked Raye Dawn about the supervised visits. Raye Dawn stated that in January of 2005 that Kathie got guardianship and Raye asked for a visit and had to see Kelsey at Kathie’s house.

Jones established the timeframe that Raye Dawn began having unsupervised visits with Kelsey in 2005.

Jones asked Raye Dawn about the visits to her home once she got custody of Kelsey. Raye Dawn stated that DHS made both announced and unannounced visits.

Raye Dawn stated that she never refused a visit to any of the agencies.

Raye Dawn stated that CASA, CHBS, and DHS workers were in and out constantly.

Jones asked Raye Dawn for the name of the CASA worker and Raye Dawn stated that it was Carla Lynch.

Jones asked Raye Dawn for the name of the CHBS worker and Raye Dawn stated that it was Jean Bonner.

Jones asked Raye Dawn how often the CHBS worker visited. Raye Dawn stated that she visited at least once a week.

Jones asked Raye Dawn if any of the workers stated to her that Mike Porter was abusing Kelsey. Raye Dawn stated, “No.”

Jones asked Raye Dawn if Kathie ever stated that Mike Porter was abusing Kelsey. Raye Dawn stated, “No.”

Jones asked Raye Dawn if she thought that Mike Porter was abusing Kelsey. Raye Dawn stated, “No.”

Jones asked Raye Dawn about the incident with tape over Kelsey’s eyes. Raye Dawn stated that Kelsey was the in bedroom with Mike Porter and his two children and they had Scotch tape on Kelsey. Raye Dawn stated that the other children were laughing and that they said they were playing. Raye Dawn stated that Kelsey wasn’t crying and that she was “kind of grinning.”

Raye Dawn stated that she didn’t appreciate it because of everything that had happened.

Raye Dawn stated that she filled out paperwork for the child study center and scheduled an EEG to find out about the seizures. Raye Dawn stated, “If someone was hurting her. I wanted to talk to them.”

Jones asked Raye Dawn about the seizures that Kelsey had. Raye Dawn stated that she witnessed one seizure. Raye Dawn stated that she walked into the room and “he” (Mike Porter) had Kelsey and Raye Dawn rushed in and held Kelsey and tapped on her face to try to get her to respond.

My note: Raye Dawn continuously referred to Mike Porter as “him” or “he.” She only said his name once and called him “Porter.”

Raye Dawn stated that she asked for a round table discussion to find out what was happening to Kelsey and to talk to the Briggs and it was denied by DHS.

Jones asked Raye Dawn about the day that Kelsey died. Raye Dawn stated that she got up and called Gayla, DHS, and the attorneys. Raye Dawn stated that she was concerned that Lance was coming home and concerned with Kelsey’s mental state. Raye Dawn stated that she made several phone calls regarding that.

Raye Dawn stated that the CHBS worker called to say that she was running late.

Raye Dawn stated that she woke Kelsey up and that Kelsey ate cream of chicken soup and drank a sippee cup of tea.

Raye Dawn stated that Kelsey sat on Raye Dawn’s bed while Raye Dawn put on her makeup and Kelsey picked at her toenails and fingernails while watching the movie Stuart Little 2, a movie “she calls ‘Mouse.’”

Raye Dawn stated that as the CHBS worker was leaving that she saw and turtle and showed it to Kelsey and Kelsey was afraid of the turtle and stated that there was a snake in it.

Raye Dawn stated that Kelsey then had an accident and that she put a t-shirt on Kelsey.

Raye Dawn stated that Kelsey went to timeout in her bedroom because she wouldn’t eat. Raye Dawn stated that soon she heard Kelsey’s feet on the stairs and Kelsey said, “Mommy, I want some berries.” Raye Dawn stated that she asked Kelsey if she meant raisins and Kelsey said yes.

My note: Raye Dawn sobbing

Raye Dawn stated that she told Kelsey that she was tired and going to take a nap and Kelsey said she’s lie down with her so she had her box of raisins and Kelsey kept opening the box and getting them out and she told Raye Dawn, “I haf to get some.”

Raye Dawn stated that Kelsey told her, “Mommy, I love you so much.” Raye Dawn stated that she told Kelsey, “Kelsey, I love you too.”

Raye Dawn stated that they both dozed off.

My note: Raye Dawn sobbing. Everyone on the Smith side crying. Some of the Briggs are smiling.

Raye Dawn stated that she woke up and he (Mike Porter) was standing there.
Raye Dawn stated that she didn’t want to wake Kelsey up because she’d be cranky when she went with her mom later that night.

Raye Dawn stated that she left and she stated, “I rolled down my window and said ‘take care of my baby.’ I never saw my baby again!”

My note: Notes are smudged here. Everyone on Smith side crying loudly. Horrible, horrible.

Jones asked Raye Dawn where she went. Raye Dawn stated that she left to go get her stepdaughter.

Jones asked her how long it took her to go get her. Raye Dawn stated that it took 20 minutes. Jones clarified with Raye Dawn that it took 20 minutes one-way.

Raye Dawn stated that when she got back home the ambulance was there and she asked her mom what was wrong and nobody would tell her anything. Raye Dawn stated that she tried to get in the back of the ambulance and they wouldn’t let her. Raye Dawn stated that she rode in the ambulance to the hospital.

Jones asked Raye Dawn, “How long after you were at the hospital did your daughter die?” Raye Dawn stated that she didn’t know.

Jones asked Raye Dawn more questions about hospital but I didn’t get the questions. I was wiping tears from my face.

Jones asked Raye Dawn about the two funerals. Raye Dawn stated that the Briggs funeral was at the funeral home in Prague and the Smith funeral was at the Meeker Assembly of God Church.

Jones asked Raye Dawn about the obituaries. Raye Dawn stated that she put her own and the Briggs put their own.

Jones asked Raye Dawn about her pregnancy. Raye Dawn stated that she had a suspicion that she might be pregnant but that she still had her menstrual cycle and she took a pregnancy test and it was negative. Raye Dawn stated that an ultrasound in August confirmed the pregnancy.

Jones asked about Raye Dawn not telling Lance about Kelsey. Raye Dawn stated, “I had already lost one baby to the hands of him. He was mean and abusive.”

Jones asked Raye Dawn about her miscarriage. Raye Dawn stated that he hit her in the stomach and she miscarried.

Jones asked Raye Dawn if it was because she didn’t supersize his french fries. Raye Dawn stated it was.

Raye Dawn stated that at the time she didn’t put the punch in the stomach and the miscarriage together. She didn’t know. Raye Dawn stated that a nurse pulled her into a separate room and told her that the uterus was detached. Raye Dawn stated that at the time she didn’t know what the nurse was implying, but she knows now.

Jones asked Raye Dawn about her marriage to Lance. Raye Dawn stated that it was good and bad.

Jones asked Raye Dawn if Lance used drugs during their marriage. Raye Dawn stated, "We both did."

Jones asked if they argued and fought. Raye Dawn stated they did. Raye Dawn stated, “He did more than just slap me.”

Jones asked if Raye Dawn was the one who kept up the baby book. Raye Dawn stated that she was.

My note: It was Raye Dawn’s baby book that convinced me of her innocence more than anything else. She has a lock of Kelsey’s hair in it when it was turning from brown to blonde. She has the first flower that Kelsey ever picked for her. She has all of Kelsey’s firsts in it and the dates that all of her teeth came in. It’s a book that was filled out by a mother who loved her daughter very much.

Jones showed pictures of Raye Dawn and Kelsey. Jones showed the picture of Raye Dawn sitting in the floor and kissing Kelsey. Raye stated, “Me and Kelsey were at a friend’s house. She was probably four months old.”

Jones showed the picture of Raye Dawn and Kelsey sleeping on the couch together. Raye Dawn stated, “That was during a supervised visitation at my grandma’s house. We were sleeping together and Kelsey had just opened her eyes.”

Jones showed a picture of Kelsey with her arms around Raye Dawn. Raye Dawn stated that it was from a visitation in February, 2005 at Joe’s Crab Shack.

Jones showed a picture of Raye Dawn leaning down beside Kelsey outside of a building.

Raye Dawn stated that it was at Branson in the late summer of 2005 and they were waiting outside a restaurant. Raye Dawn stated, “That’s the first time she had crawfish and I couldn’t get them open fast enough.”

Jones showed the picture of Raye Dawn and Kelsey in hard hats. Raye Dawn stated that it was at Branson and they were getting ready to go into a cave.

Jones showed the picture of Raye Dawn and Kelsey with green stuff on their noses. Raye Dawn stated, “We were at the apartment, just hanging out and playing with Play Doh. Those were our prosthetic noses.”

Jones showed a picture of Kelsey as a newborn sleeping on Raye Dawn. Raye Dawn stated that Kelsey slept on her for a long time.

My note: Raye Dawn knew everything about all of the pictures. Lance only knew about one of his.

Jones showed a picture of Raye Dawn and Kelsey smiling at each other. Raye Dawn stated that it was at her mom’s 50th birthday.

Jones showed the picture of Raye Dawn and Kelsey in a cave. Raye Dawn stated that it was the cave in Branson and her stepdaughter was in the picture with her. (The stepdaughter was cut out of the picture that’s on the Web site.)

Jones showed a picture of Kelsey in a ladybug costume. Raye Dawn stated that it was her first Halloween.

Jones showed the picture of Kelsey on Santa’s lap. Raye Dawn stated that it was taken at her daycare with the dog Garth.

Jones showed the picture of Rachelle holding Kelsey in the pool. Raye Dawn stated that the picture was from August of 2005.

(I’m not sure which picture I missed here.)

Raye Dawn stated, “I wanted her to be as close to my grandma as I was.”

Jones showed a picture of Kelsey smiling with a brightly colored t-shirt. Raye Dawn stated that it was from March of 2005.

Jones showed a picture of Kelsey with her cousins on a saddle. Raye Dawn started sobbing again and told the court the names of the other children.

Jones showed a picture of Raye Dawn looking at Kelsey at the table. Raye Dawn stated that it was at Joe’s Crab Shack.

Jones showed a picture of Raye Dawn with a bump on her stomach. Raye Dawn stated that she was just barely pregnant.

Jones showed a picture of Kelsey with a corn dog. Raye Dawn stated that Kelsey ate the corndog just like she did. Raye Dawn stated, “Kelsey would tear the bread off and eat it like that.”

Jones showed a picture of Kelsey’s first birthday cake. Raye Dawn stated that her grandma Mildred had made it.

Jones showed a picture from Kelsey’s second pageant. Raye Dawn stated that Kelsey won prettiest hair, best personality, and first runner up.

My note: Lance shaking his head.

Jones presented the baby book.

Jones asked Raye Dawn how the loss of Kelsey impacted Raye Dawn. Raye Dawn stated, “It’s so hard to get into words. The other half of me is no longer here. At visitation (in prison), girls hug moms and tell them how much they love them. I hope they don’t take it for granted.”

My note: Raye sobbing

Raye Dawn spoke of how Kelsey would sleep with her legs in between Raye Dawn’s and how close they were.

Raye Dawn stated, “It’s like I tell my family. Just let me go.”

My note: When I first started talking to Raye Dawn, she told me that if it wasn’t for Blaine that she would have already killed herself.

Raye Dawn stated, “I talk to her every day. I won’t watch movies we watched together because she was supposed to do that with me.” Raye Dawn spoke of a movie that she and Kelsey had been anticipating but I didn’t catch the title. Raye Dawn stated that she refused to watch the movie when it came on because Kelsey was supposed to watch it with her.

Jones asked Raye Dawn how she felt about how she had been treated. Raye Dawn stated, “On TV people say ‘I did that’ and I can’t believe they have the audacity.”

Cross-examination by Lance’s counsel

Lance’s counsel told Raye Dawn, “Someone murdered Kelsey.” Raye Dawn stated, “Not me.”

Lance’s counsel asked, “Mike murdered Kelsey?” Raye Dawn agreed.

Lance’s counsel asked why Raye Dawn filed a VPO after Kelsey’s death against Kathie and Lance. Raye Dawn stated that Carla Lynch told her to file a VPO because there had been death threats against her.

Lance’s counsel stated that in Raye’s deposition that she stated she had no evidence that Lance ever harmed Kelsey. Raye Dawn agreed that she had no evidence, but that she didn’t know if he hurt her or not.

Lance’s counsel stated that Raye Dawn didn’t allow Lance to go to the funeral.

My note: Kathie stated on her forum that it was the Briggs’s idea to have their own funeral.

Lance’s counsel stated that the OSBI informed Raye Dawn that Mike murdered Kelsey so why would she allow him to go to the funeral. Raye Dawn stated that she didn’t allow him at the funeral and that she didn’t go with him.

Raye Dawn stated that she didn’t know that Mike Porter had murdered Kelsey beforehand. Raye Dawn stated that they said that Kelsey had a grand mal seizure so Raye Dawn didn’t know that she was murdered.

Lance’s counsel asked Raye Dawn where she went after Kelsey’s death. Raye Dawn stated that she went to her older sister’s house.

Lance’s counsel asked Raye Dawn if Mike Porter called and asked her to take care of his children. Raye Dawn stated that he asked her mom, Gayla to take care of the children.

Lance’s counsel asked Raye Dawn, “At any time have you ever asked Mike Porter why?” Raye Dawn stated, “No.”

Lance’s counsel showed the list of injuries to Kelsey from the OCCY report. He brought up bruises, knot, another knot, sprained ankle and two broken legs.

Lance’s counsel stated that Mike Porter said that he saw Raye Dawn swat Kelsey in excess of 15 times and punched her with a closed fist into the stomach.

Raye Dawn stated, "He's a liar."

Jones objected to Mike Porter’s testimony from Raye Dawn’s trial.

Objection was sustained.

Lance’s counsel showed the pictures of the BRIGHT RED “bruises” on Kelsey’s bottom from January, 2005 and asked Raye Dawn where Kelsey got the “bruises.” Raye Dawn stated, “Not with me.”

Lance’s counsel showed a picture of a hair brush in the floor of Raye Dawn’s apartment and a picture of the slide.

Lance’s counsel stated that Kelsey seemed fine after she fell out of the bed and that Raye Dawn just assumed she had fallen out of the bed.

Lance’s counsel again showed the BRIGHT RED “bruises.” Raye Dawn stated that the injury (rash) did not happen with her.

Lance’s counsel asked Raye Dawn who was around when Kelsey fell out of the screen door. Raye Dawn stated she was and so were Mike Porter and Wendell Kelley.
Lance’s counsel showed the Valentine picture that Raye Dawn had made of Kelsey with the bear and then the picture of Kelsey from August after the car accident. Lance’s counsel asked Raye Dawn, “Were you beginning to see Kelsey not grow or be happy?” Raye Dawn stated “No.”

Lance’s counsel stated, “She looked malnourished.” Raye Dawn stated, “No she did not.”

Raye Dawn stated, “She got taller and slimmer.”

Lance’s counsel showed the automobile accident pictures again. Raye Dawn stated, “I didn’t do anything to my baby.”

Lance’s counsel asked Raye Dawn how she got the red spot in her eye after the automobile accident. Raye Dawn stated, “I’m not medical personnel. Children get bruises and stuff. She was under a microscope.”

Lance’s counsel asked Raye Dawn if she knew who was injuring Kelsey. Raye Dawn stated that she did not.

My note: Lance’s counsel continued to state phrases like “in prison” and “convicted”
Lance’s counsel asked about Kelsey’s bruises. Raye Dawn stated, “Her doctor stated that her skin was so fair that bruises seem darker and last longer.”

Lance’s counsel asked Raye Dawn about Kelsey saying, “Daddy Mike hurt my head.” Raye Dawn stated that Kathie had just left her visit with Kelsey and before Raye Dawn got into the room the first thing that Kelsey said was “Daddy Mike hurt my head.” Raye Dawn stated that Kelsey hadn’t seen Mike Porter for over a month.

Lance’s counsel asked Raye Dawn if she used crank while she was with Kelsey. Raye Dawn stated that she didn’t know when she was pregnant so she could have used it while pregnant.

Lance’s counsel asked Raye Dawn why she was intervening in the settlement. Raye Dawn stated, “I don’t know how anyone can put a price on Kelsey and then settle for any amount of money.”

Redirect by Jones

Jones showed the picture from August of Rachelle in the pool with Kelsey.

Jones asked Raye Dawn if she wanted money from the lawsuit. Raye Dawn stated that she didn’t want any of the money. Raye Dawn stated that she would use it to pay back her family for her legal fees and donate to St. Jude’s Hospital and to the Infant Crisis Center.

Jones presented evidence from a DHS book of the description of a closed head injury that had been introduced by Lance’s counsel when he tried to make it seem like an additional injury. Jones stated that according to DHS, a closed head injury is when a child’s nose is injured, which was already listed on the injuries.

My note: Lance is twitching in chair

Lance’s counsel tried again to submit the entire OCCY report.

Jones objected

Objection sustained, only page 5 was submitted because the rest of the report was double hearsay

Recross by Lance’s counsel

Lance’s counsel stated to Raye Dawn, “You want to pay back family to pay for your criminal defense in which you were convicted of enabling child abuse.”

Raye Dawn stated, “My family has helped me a lot and I think it’s only right.”

Jones made a motion

Court took judicial notice that Raye’s appeal has not been decided

No further witnesses

The judge stated that both counsels have 21 days to submit a brief and then 7 days to answer each other.

Lance’s counsels summary

Lance’s counsel stated that Lance had a special, loving relationship with Kelsey

Lance’s counsel stated that Lance could not protect Kelsey while in Iraq

Lance’s counsel stated that at no time did Raye Dawn protect Kelsey

Lance’s counsel promoted the book of biased reporters when he stated, “Who killed Kelsey will forever be a mystery.”

Lance’s counsel stated, “In observing his testimony, how real it is.” (talking about Lance)

Lance’s counsel stated that Raye Dawn had the burden of proof. The judge disputed that statement.

Jones’s summary

Jones stated, “When you point a finger at someone, four fingers point back to you.”

The judge stated that he was not using Raye Dawn’s invoking the fifth when Lance filed for executor as part of his decision.

Jones stated, “It is not true that Lance couldn’t protect Kelsey. It is not true that Raye Dawn killed Kelsey.”

Jones pointed out that this was an issue of two families not coming together and that two obituaries and two funerals proved it.

No more witnesses

Dr.Bux's Testimony

2010-01-10T15:47:00.000-08:00

Expert’s Testimony

Dr. Robert Charles Bux was called to the stand and gave his long list of credentials.

He is a Chief Medical Examiner.

Lance’s counsel was asked if they wanted to do a vore dire (sp?) and the counsel stated that they would “hold”

Jones asked Dr. Bux if he had reviewed Kelsey’s autopsy that was performed by the Oklahoma doctor (the first autopsy). Dr. Bux stated that he had.

My note: Lance glaring at Raye Dawn

Jones asked what his analysis was of it.

Dr. Bux stated that Kelsey would have been symptomatic. Dr. Bux described the symptoms that I could not write down. Too hard to hear the description.

Dr. Bux stated that she would have been symptomatic immediately after the assault and then would continue the symptoms until she was unconscious, just before death. Dr. Bux stated that she would not have been unconscious until right before death.

Cross-examination by Lance’s counsel

Lance’s counsel asked Dr. Bux, “You don’t know who punched Kelsey?”

Dr. Bux stated, “No.”

Dr. Bux stated, “She wouldn’t be asleep after her injury.”

Dr. Bux stated, “There is no way she would be sleeping after that injury.”

The judge asked Dr. Bux how long it would have taken Kelsey to die.

Dr. Bux stated that tests weren’t done in the autopsy to determine time. Dr. Bux stated that it would have taken minutes to hours to bleed to death.

Lance’s counsel stated that Mike Porter was with Kelsey for “only 45 minutes.”

Dr. Bux stated, “Forty-five minutes would have been plenty of time for her to die from the injury.”

Lance’s counsel tried to introduce Mike Porter’s testimony from Raye Dawn’s trial.

Jones objected to counselor “testifying for Mike Porter.”

The objection was sustained

The witness was dismissed

(The full report will be in the submission to the court. They kept the testimony short to save the families from hearing the details.)

Shirica's Testimony

2010-01-10T14:52:00.000-08:00

Shirica was called to the stand.

Shirica is Lance’s sister.

Shirica spoke about Lance finding out that he was a father on his birthday. Shirica stated, “He was anxious to meet her. He was very excited.”

Lance’s counsel asked Shirica if Lance changed Kelsey’s diaper. Shirica stated that he did.

Shirica stated, “He had her quite spoiled.”

Shirica then spoke about the death of Kelsey and sobbed.

My note: Her testimony was short, but moving. I felt her pain.

Shirica stated, “We not only lost Kelsey, we lost Lance.”

Shirica stated, “He doesn’t come to birthday parties anymore.”

My note: Raye Dawn stated that Lance didn’t go to the parties when she was married to him. He made Raye Dawn go.

My note: Lance is no longer sitting at his table crying and hanging his head down. Now he’s continually staring at Raye Dawn.

Lance’s counsel was making a leading statement about Lance’s well-being.

Jones objected

Objection was sustained

Shirica stated that during the summer they were in Wisconsin and that Lance was on his own and they had a hard time checking on him.

Jones had no questions

Shirica was dismissed

Plaintiff rested

Lance's Testimony

2010-01-10T11:51:00.000-08:00

Lance was called to the stand.

Lance stated that he knew Raye through high school, but they didn’t start dating until after high school.

My note: Lance is shaking and wiggling like he does – blinking a lot!

Lance’s counsel asked Lance when Raye Dawn became pregnant. Lance stated that Raye didn’t become pregnant before their marriage.

Lance’s counsel asked Lance how his marriage was to Raye Dawn. Lance stated that the “first year, plus, it was a great marriage.”

Lance stated that he had trust issues with Raye Dawn and that she would come home late at night after being out with other guys. Lance stated that he felt Raye Dawn was cheating on him.

Lance’s counsel asked Lance about the abuse in their marriage. Lance stated, “I did slap her one time.” Lance described Raye Dawn ranting and raving in front of other people and how he didn’t like it so he slapped her during a camping trip.

Lance’s counsel asked Lance if he abused Raye Dawn at any other time. Lance stated, “I took keys away from her because she was going out that night and she tried to get them from me and I restrained her.” Still referring to the camping trip where there were witnesses.

Lance’s counsel asked if Raye Dawn had indicated to him that she might be pregnant. Lance stated, “No.”

Lance’s counsel asked if there was any hint that Raye Dawn might be pregnant before their divorce to which Lance answered there was not.

Lance’s counsel asked when Lance learned that Raye Dawn was pregnant. Lance stated that he heard after their divorce that she was pregnant.

Lance stated, “I drove by the house that she was living in and she was outside and she was showing.”

Lance’s counsel asked Lance when he realized that the baby might be his. Lance stated, “I put the math together and the baby had to have been conceived while we were together and I wanted to know 100% if it was mine.”

Lance stated that he and Raye split up before Kelsey was born.

Lance stated that he asked Raye Dawn if she would have ever told him that he was the father and she said, “No.”

Lance stated that after the paternity test he got visitation through mediation and that the terms of the mediation were not followed by Raye Dawn.

Lance’s counsel asked Lance about his marriage to Ashley. Lance stated that he married Ashley in 2003.

Lance’s counsel asked Lance about his new family. Lance stated, “It was new to me having a baby, a new baby, we had a great family setting.”

Lance’s counsel asked Lance about his military career. Lance stated that he went into the Army Reserves in 1998 and got out of the reserves after two years. Lance stated that he was called to active duty on September 11, 2004.

Lance’s counsel asked Lance if he had any concerns about Raye Dawn as a parent. Lance stated that when Kelsey was eight months-old that Raye Dawn took Kelsey off of formula and put her on milk and Lance called the pediatrician to see if that was a good idea and he said, “No.”

Lance stated, “I knew she just did not like Ashley because Ashley was such a wonderful mother to Kelsey.”

My note: Gasps throughout the courtroom

Lance’s counsel showed pictures of Lance with Kelsey.

Lance’s counsel asked Lance about his mother getting his visitation. Lance stated, “I wanted my mother to have my visitation because I wanted my family to see Kelsey while I was gone.”

My note: Raye is crying while pictures of Kelsey are being shown

Lance was asked when he deployed to Iraq. Lance stated that he had two swelling discs in his neck so he didn’t go to Iraq when scheduled. Lance stated that he “stepped foot in Kuwait on May 3, 2005” and that he was there for approximately 5 months.

My note: May to August or September – That’s four months or less. According to his sister and friend, he lost it when Ashley wanted a divorce. That would have been in July or August when she told the DHS worker of her plans to divorce. She had met someone else.

Lance’s counsel asked Lance if there were any restrictions on his calls. Lance stated that he had to make calls through a pay phone or buy a phone card.

My note: DHS stated on more than one occasion that they spoke with him while he was “driving around Shawnee” on weekdays while he was allegedly "deployed" to Ft. Leonard Wood. To be “driving around,” he had a cell phone.

Lance’s counsel stated, “Did you have concerns after you left.”

Lance stated, “They fought very, very hard for her and her safety.”

Lance’s counsel showed a picture of Lance in his fatigues with Kelsey. Lance stated, “That’s my little baby.”

Lance’s counsel asked Lance about the picture. Lance was in fatigues holding Kelsey in white shirt and pink pants. Lance stated that the picture was taken at Will Rogers Airport on April 4, 2005 and that they were very happy to see each other.

Lance’s counsel asked Lance if that was the last time that he had seen Kelsey. Lance stated it was the last trip home.

Lance’s counsel asked if Lance had spoken to Kelsey and Lance said he did on the phone.

Lance’s counsel asked Lance how he found out that his daughter was dead. Lance stated that he had called home on October 11, 2005 and found out that Kelsey was gone.

My note: Lance sobbing and has been sniffling and tears throughout testimony

Lance stated, “She [Raye Dawn] thought I would be home on October 12th.”

Lance’s counsel stated to Lance, “Your child was murdered on October 11, 2005.”

Lance’s counsel then asked about Lance filing to be executor of Kelsey’s estate and stated that Raye had plead the fifth and not taken the stand even though there were no charges against her at the time. Lance agreed.

Lance’s counsel asked Lance how Kelsey’s death had affected him. Lance stated, “I feel miserable. I feel like I lost my best friend.”

My note: Raye Dawn has been highly criticized by the Briggs supporters for stating that Kelsey was her “best friend”

Lance described how he had one picture inside his locker in Iraq and that it was of Kelsey and that every day he thought of coming home to her.

Lance stated that he had lost his appetite and that he had not eaten in 4 years.

Lance stated, “I look at the families and I’m jealous. I want that. I want what they have.”

Lance’s counsel stated that Lance had counseling while in rehab. Lance stated, “I’m still lost.”

Lance’s counsel asked Lance about his opinion of Raye Dawn intervening in the lawsuit. Lance’s voice became angry and loud as he stated through clenched teeth, “She doesn’t deserve a penny!”

Cross-examination by Jones

Lance stated that he had heard that Raye Dawn thought he was returning on the 12th and he was not.

Jones asked Lance for the names of the men who were in Iraq serving with him since he didn’t remember a single name during his deposition.

Lance couldn’t remember names of any of his commanding officers.

Lance’s counsel objected

Judge overruled the objection

Lance stated that he now remembered one name of a man who was killed on his birthday.

Jones stated that Lance would have remembered the name of a soldier who was killed.

Lance stated, “I was having a hard time remembering things.”

Jones stated, “Are you asking the court to believe that Raye Dawn and Mike Porter murdered the child because you were coming home?” Jones stated that there was no evidence or factual basis of that theory.

Lance stated, “I have an opinion. I have no fact.”

Jones asked Lance about Ashley being with Kelsey while he was gone. Lance stated that Ashley was there for Kelsey.

Jones asked Lance, “Where is Ashley today?”

Lance stated, “I don’t know where she is. She’s probably at home.”

My note: Raye’s attorneys tried to deposition Ashley but she hid in her home with no trespassing signs and it would have cost too much to serve her through the sheriff. The Briggs did not add her to their witness list even though she was the main person who saw Lance interact with Kelsey.

Jones stated, “Ashley sued you for divorce and got a divorce. Was that a matter of trust?”

Lance stated, “She got a new husband while I was in Iraq.” Lance stated that he had been gone too long and that he didn’t have a trust issue with Ashley even though she found a new husband while married to him.

Jones stated that Ashley showed her affection for Kelsey and that Lance had testified that she loved Kelsey and was a good mother to her but hat she was not there now.

Jones stated, “Repeatedly, your testimony is of love and devotion from Ashley to Kelsey but you didn’t subpoena her to testify that Raye Dawn was abusing Kelsey because of it.”

Lance stated, “She thought she was being abused because she was in the picture so she found someone else and moved on.”

Jones asked Lance about the time that he slapped Raye Dawn while camping at the river. Lance stated that he slapped her with an open hand while then were alone in the tent.

Jones stated that the police were called. Jones stated that when Lance took Raye Dawn’s keys that the police were called.

Jones stated that Lance had abused multiple women, including Marie Larson.

Lance stated that Marie Larson “claimed” he abused her.

Jones stated that Lance was “in a night club brandishing a knife” and then later jumped by four men in the parking lot.

Judge summoned attorneys to the bench

Jones redirected his questioning and asked when Lance’s divorce with Raye Dawn was finalized. Lance stated that it was finalized in August.

Jones asked for Lance’s definition of finalized. Lance stated that he wasn’t sure when it was finalized because he did not go to court.

Jones asked Lance when the DNA test was given to Kelsey. Lance stated that it was one week after Kelsey was born.

Jones asked Lance about Kelsey’s birthday. Lance stated, “December 28, 2002.”

My note: In Lance’s deposition, he did not know Kelsey’s birthday or where she attended daycare or anything else about Kelsey. Lance stated that Raye’s attorney would have to “ask my mom.”

Jones asked Lance when Raye Dawn was pregnant or when she knew she was pregnant. Lance did not know.

Jones asked Lance if Raye Dawn asked for support during pregnancy. Lance stated she did not. Jones asked if Raye Dawn asked for support before the DNA test that Lance had requested. Lance stated she did not.

Jones asked Lance if Raye Dawn opposed the DNA test. Lance stated, “I don’t think she had a chance to. It was court ordered.”

Jones stated, “You were asked by counsel if you could think of any reason that Raye Dawn [kept her child from you].”

Lance stated, “There was no reason she would think I would endanger her or the child.”

Jones asked Lance about Raye Dawn’s first pregnancy and her miscarriage. Jones asked about Lance punching Raye Dawn in the stomach the day of her miscarriage. Lance stated, “I had not hit her.”

Jones asked Lance about his drinking problem. Lance stated that he did not have a drinking problem.

Jones asked Lance how Raye Dawn has miscarried. Lance stated that it was a “tubal pregnancy.”

Jones asked Lance “Did you two use drugs?”

Lance stated, “No.”

Jones asked Lance, “You don’t claim that Raye Dawn used drugs?”

Lance stated, “No.”

Jones stated that Lance had abused multiple women and that he had been arrested more than once for domestic violence.

Lance’s counsel objected.

Judge sustained the objection

Jones asked Lance if he had taken anger management after he found out that he was Kelsey’s father. Lance stated, “No.”

Jones asked about the date when Lance took anger management and it was after Kelsey’s birth.

Jones asked if Lance went to rehab in Maude. Lance thought he did.

Jones asked about Lance’s rehab at St. Anthony that was a one-week detox program.

Lance tried to remember when and where he attended rehab centers.

Jones asked Lance if he spoke to Kelsey while he was in Iraq. Lance stated that he did.

Jones asked Lance about the police being called multiple times to his home for domestic violence calls. Lance stated that was not true.

Lance stated that the police were only called one time to escort him to get his belongings.

Jones stated that the court had denied Lance joint custody.

Jones asked Lance about Raye Dawn’s relationship with Kathie. Lance agreed that Raye Dawn got along better with Kathie than with him. Lance stated that Raye Dawn took Kelsey to Kathie’s before he met her.

Jones asked Lance about being behind on child support at the time of Kelsey’s death in the amount of over $1,000. (Didn’t get full amount.) Lance stated he was behind $20.

Lance was excused.

I didn't write this down because at times the testimony was going very fast and now I understand why biased reporter Britten Follet's trial notes of Raye Dawn's trial were incomplete, but I just remembered something else from Jeanna's testimony.

During Jeanna’s testimony, Jones asked Jeanna about Raye Dawn marrying Lance and the fact that there was a conversation before the marriage that Lance would never hit Raye Dawn again after punching her in the stomach and causing her miscarriage. Jeanna stated, as she did to most questions, that she didn’t know about that because she tried to stay neutral.

Kathie's Testimony

2010-01-10T00:20:00.000-08:00

Kathie Briggs was called to the stand

Lance’s counsel asked Kathie about Lance’s abandonment issue.

Kathie stated, “I don’t remember the year. My children were between the ages of 2 and (5?)” (She spoke fast while explaining and I didn’t catch the last age but it sounded like 5)

Kathie stated that she had her first child at the age of 17 and that she had (either 3 or 4 children – talking very fast) at age 22 and that she asked for help.

Kathie stated that her sister had custody of her children.

Kathie stated, “I was never on a treatment plan.”

Kathie then talked about going to Vo-tech while her sister had her children and that she earned 500 hours in two different majors – she was talking too fast to get the majors but I believe she said accounting and business management, but I’m not 100% sure.

My note: With 500 hours, she should have earned at least two PhD’s.

Kathie stated that Lance was gone from the ages of two to four.

Lance’s counsel asked about how the living arrangement affected Lance. Kathie stated, “I was always around.” Kathie explained that she saw the children continuously and had them for overnight visits. Kathie stated that Lance had more to love him.

Lance’s counsel asked Kathie about Lance as a boy. Kathie stated that Lance was the only boy with three sisters and that he played sports (she listed all of the sports). Kathie stated that she never missed a game.

My note: Raye stated that Lance chased his sisters around the house with a butcher knife

Kathie then spoke of how Lance didn’t have to work while in school but that he insisted on working at the age of 16 for Midwest Industries. (Midwest Industries was owned by Mike Porter’s father.)

Lance’s counsel asked Kathie what she thought of Raye Dawn. Kathie stated, “I loved her.”

Kathie then stated that she hadn’t seen Raye Dawn since high school until Raye Dawn and Lance started dating.

Lance’s counsel asked Kathie about the marriage between Raye Dawn and Lance. Kathie stated it was “normal.” Kathie stated that “living in a small town” she knew that they had fights but that they weren’t physical.

Kathie stated that Raye had been out with other guys and she got home at 3 or 4 am and that Kathie was called and Raye forgot to hang up the phone and she could hear Raye following Lance and that Lance was telling Raye to leave her alone. According to Kathie, that night Royce had to show up to control Lance and Ray had to show up to control Raye Dawn.

Lance’s counsel asked Kathie about Raye’s pregnancy. Kathie stated that she had heard through town that Raye was pregnant and that Lance asked Raye about it and she denied it.

My note: Kathie showed no emotion. Never cried.

Kathie stated that she never saw Raye when she was pregnant.

Kathie stated that Lance wanted to know if Raye had a child.

Kathie stated that on April 8, 2003 that Lance found out he was a father.

Lance’s counsel asked Kathie about Lance’s visitation. Kathie stated, “She would only allow him to have Kelsey for 4 hours every other Saturday with someone present.”

Kathie then stated that Raye Dawn had taken Kelsey to meet Kathie and Royce before she met Lance and before the DNA results were in and that Raye Dawn called and asked to bring Kelsey to her home.

Lance’s counsel asked how Raye was with Kelsey. Kathie stated, “Raye Dawn did fine with Kelsey.”

Lance’s counsel asked Kathie if there was a change in Raye Dawn’s behavior. Kathie stated, “I wasn’t with Raye Dawn and Kelsey except during exchange. You don’t really observe behavior.”

Kathie stated that once Ashley and Lance were married, they had their first overnight visit with Kelsey.

Kathie stated that on September 11, 2004 Lance went to be stationed at Ft. Leonard Wood.

Lance’s counsel asked Kathie how Lance was with Kelsey during their visits. Kathie stated that Lance would read with Kelsey. Kathie stated, “Nothing extraordinary about it. They had a loving relationship.”

Kathie then stated that when she asked for Lance’s visits that Raye said “yes” but Kathie wanted it in writing and Raye said “no.”

Kathie stated that she filed for and got visitation.

Kathie stated that before January 14, 2005 there were no injuries to Kelsey.

Kathie stated that she would meet Raye Dawn at a convenience store for the exchange.

Kathie stated that Raye was seeing Mike Porter but not married yet.

Lance’s counsel showed BRIGHT RED (my notes are all caps) “bruises” on Kelsey pictures.

Lance’s counsel then showed a series of pictures of the January “abuse.”

Lance’s counsel asked Kathie how Kelsey behaved at the party. Kathie stated that Kelsey was timid at the party and that she sat by herself. Kathie stated that she had just watched the video of the party and when they blew out the candles that Kelsey didn’t want to participate.

Kathie stated that weekend before that Raye Dawn didn’t show up and that Kathie couldn’t reach Raye Dawn so she showed up the following week and that Raye Dawn was there to drop off Kelsey. Kathie stated that Raye claimed to have mixed up the weeks.

Kathie stated that once she had taken Raye Dawn to court that her relationship with Raye Dawn changed. Kathie stated that before she took Raye Dawn to court that Raye Dawn called Kathie every day during lunch and that Raye Dawn called Kathie when her father died and Kathie took care of Kelsey at that time.

Kathie stated that on January 14, 2005 that she got Kelsey at 6pm.

My note: Lance’s attorney kept saying, “Kelsey was in Raye Dawn’s care, custody, and control.”

My note: Raye positioned herself in front of the monitor on her table to see the “bruising” pictures. Raye Dawn put her hand over her eyes and shook her head.

Kathie stated that child abuse was confirmed against Raye Dawn.

Lance’s counsel introduced the OCCY report from June 5, 2007.

Jones objected – Jones stated that the report was marked confidential

Judge asked for reason for objection

Lance’s counsel stated, “…derived from 8038 as hearsay ruling…”

Jones stated that the report was not relevant and that it was hearsay. Jones stated that the report was prepared to evaluate actions of DHS, not parties. Jones stated that most of the people interviewed in the report were not the parties.

My note: Jeanna turned my direction and gave me the evil eye.

Jones stated the report was not an investigation of them and that it was 3rd class hearsay, not even 1st. Jones stated that the proceeding doesn’t meet relevance hearing.

Lance’s counsel discussed in pre-hearing the document relevant with DHS “Goes to heart of concerns with Raye Dawn.” Lance’s counsel stated that the report identified location and care of child with injuries.

The judge called for a ten-minute break.

The court reconvened at 11:22am

Jones’s objection was overruled. Only pages 26 and 27 of the report were approved.

Lance’s counsel showed the pages of the OCCY report and went through the location of Kelsey at the time of each injury with Kathie.

My note: Lance keeps staring at Raye Dawn. Lance is shaking his head.

Lance’s counsel showed pictures of Kelsey in her casts. Kathie stated that Kelsey was with Raye Dawn and Mike Porter at the time of the injuries.

Kathie stated, “Kelsey walked from furniture to furniture like a toddler…she mostly crawled.”

Kathie stated that when Raye Dawn dropped Kelsey off that she had pain in one leg, but Kathie couldn’t remember which one.

Kathie stated that she took Kelsey to Wal-Mart and Kelsey insisted on walking and didn’t want to ride in the buggy, Kathie stated that Kelsey took four steps and said, “can’t.”

Kathie stated that she didn’t take Kelsey to the doctor because Raye Dawn had taken her to the doctor and that Kathie had sprained her ankle and she knew that it took a while to heal.

Kathie stated that she asked the opinion of the school nurse one hour before Raye Dawn picked Kelsey up.

Kathie stated, “I was very surprised. She did not have those broken legs when she left my home.”

Lance’s counsel showed pictures of Kelsey with a knot on her nose.

Kathie stated, “I’m having concerns, not about each injury…children get hurt…it was a pattern.”

Lance’s attorney asked if Kathie was present during Mike Porter’s testimony at Raye Dawn’s trial. Kathie stated she heard some of the testimony, but not Mike Porter’s.

My note: Britten Follet entered the courtroom and sat on the Smith side at the back. It’s 11:40am.

Lance’s counsel brought up the tape on Kelsey

Jones objected

Jones stated that the DHS report wasn’t a chronology of abuse, but injuries – there was one single incident of confirmed abuse against Raye Dawn and that was in January.

(Didn’t note about objection, but I think it was overruled)

Kathie stated that she never talked to Raye Dawn about Mike Porter taping Kelsey’s eyes because she didn’t know about it until afterward.

Lance’s counsel showed the car accident pictures.

Kathie stated that she had no contact with Kelsey from June until August.

Lance’s counsel asked Kathie about the final visit with Kelsey.

Kathie stated that she was excited.

My note: Kathie is working up emotions. No tears that I can see.

Kathie stated, “It’s like I picked up a 20 lb bag of potatoes who only weighed 5 lbs.”

Kathie stated that Kelsey was timid. Kathie stated that Kelsey had sores on the inside of her mouth and bruises on her face.

My note: Kathie still not crying. Royce is crying.

Lance’s counsel showed pictures of Ashley holding Kelsey.

Lance’s counsel asked Kathie about the cause of death. Kathie stated, “Blunt force trauma.”

My note: Raye is sobbing and shaking

Lance’s counsel said that Mike Porter was charged. Kathie stated “yes”

Lance’s counsel said that Mike Porter plead guilty to enabling child abuse. Kathie stated “yes”

Jones objected

Objection overruled

Exhibits were submitted

Jones objected

Objection overruled

Lance’s counsel stated that Raye Dawn was found guilty of enabling.

Jones objected

Objection was sustained

Lance’s counsel asked Kathie about her participation in Raye’s trial

Jones objected

Objected was sustained

Lance’s counsel asked Kathie about Lance being upset and Kathie repeated what Jeanna and Royce had stated.

Kathie stated that during the first court proceedings that she and her daughters were in Wisconsin for dance competition

Kathie stated that it was difficult for Lance to sit through the events over and over

Cross-examination by Jones

Jones introduced the subject of the depositions

Lance’s counsel argued over depositions

My note: Kathie had stated that she didn’t make a single referral to DHS. She stated that Ashley made them all. Of course they don’t want to talk about the depositions.

Court was adjourned for lunch

Court reconvened at 12:50pm

My note: The chains on Raye’s ankles jingle with every slight movement.

Jones established with Kathie that Kelsey was with Raye Dawn on January 10, 2005 and that on January 14, 2005 that Kathie and Lance took Kelsey back to the same doctor.

Jones stated that on January 21, 2005 that Kelsey was taken to the doctor

My note: Kathie not answering questions

Jones asked Kathie what the doctor report said.

Kathie stated that she didn’t know.

Jones stated that the report stated, “Child does not have inappropriate bruising” from report on January incident.

Jones asked Kathie what the doctor said about Kelsey’s legs. Kathie stated, “Spiral fractures and child abuse.”

Jones asked what the doctor wrote, not what the doctor told her.

Jones clarified with Kathie that the doctor stated that Kelsey’s broken legs “could have been attributed to child abuse” and not that they were. Kathie stated that the doctor said that someone “yanked on Kelsey’s legs.” Jones pointed out that the statement in his report was that it “could have been child abuse,” and not that it was.

Jones argued that there is no significant finding that Raye Dawn is responsible for anything other than the “bruises” from January, 2005.

Redirect by Lance’s counsel

Lance’s counsel argued that “every incident happened with Raye Dawn.”

Recross by Jones

Jones pointed out that the people living in Raye Dawn’s home were Raye Dawn, Mike Porter, and Kelsey. Kathie stated that Mike Porter’s daughter also lived there.

Kathie stated that in her opinion that Raye Dawn murdered Kelsey.

Jones stated that the district attorney did not accept Kathie’s opinion. Kathie agreed.

Kathie was dismissed.

Royce's Testimony

2010-01-09T19:28:00.000-08:00

Royce Briggs was called to the stand.

Royce stated that Lance was his son and that he had been married to Kathie for 26 years.

Lance’s counsel asked Royce about his observations of Lance.

Royce raised Lance since he was 5 years-old

Royce stated that Lance was “rambunctious”

Royce stated that Lance was “full of life”

Royce stated that Lance was “a good kid”

Royce stated that Lance loved Royce like he was his dad and Royce loved him like he was his son.

Royce cried throughout his testimony.

Royce stated that Lance was “high-spirited” “full of life” “happy” “energetic.”

Lance’s counsel asked Royce about Lance’s attitude. Royce stated that he was “hard-headed at times, but a good kid.” Royce stated, “He looked forward to the life ahead of him.”

Lance’s counsel asked Royce about conversations about him being a father. Royce stated, “He wanted to be a dad.”

Lance’s counsel asked Royce about Lance after October 11, 2005.

Royce stated that Lance was in Georgia at the time that Kelsey was murdered and Royce wanted to “fly down there” and tell him what had happened in person.

Royce stated, “He had been injured in Iraq and… [with all that happened with Kelsey]…we tried to keep information from him.”

My note: Lance started crying before hearing started.

Royce’s entire testimony was through tears – very heartfelt.

Royce stated that Lance flew home the next day or two days later.

Lance’s counsel asked Royce about his observation of Lance. Royce stated, “It ruined him” “the spirit he had” – Royce talked about how Kathie had made welcome home signs that said, “welcome home hero” and then Kelsey was murdered. Royce stated, “He was just a mess.”

Lance’s counsel asked how Lance found out about Kelsey’s murder. Royce stated that Lance called from Georgia. Royce stated that he had talked about Ashley getting divorce and now Kelsey was gone.

Royce stated, “Kelsey’s spirit was gone and the same thing happened to Lance.”

Lance’s counsel asked Royce about Easter and holidays. Royce stated that Lance tries to be a part of it. He goes to birthday parties and there is a difference in him. Royce broke down as he described how it was hard to see his son, a guy so full of life…and then he sobbed.

Lance’s counsel asked Royce about Father’s Day. Royce stated that no holidays were good for Lance.

My note: Raye has told me many times about how Lance hated Kathie’s parties. He would make excuses not to go because he didn’t want to deal with the drama that always happened at them.

Cross-examination by Jones

Jones asked Royce why he never adopted Lance

Jones stated, “Lance’s father committed suicide and his stepfather never adopted him.” Jones asked how that affected Lance and his problems with anger.

Royce stated that Lance had no trouble with anger, assaulting women, or alcohol.

Royce stated, “No more than the average teenager” when asked about Lance’s drinking.

Jones asked Royce about Lance’s use of drugs. Royce said that Lance didn’t use drugs.

Jones asked Royce about the animosity between the Briggs and the Smiths. Royce stated that Kathie had no problem with the Smiths.

Jones asked Royce about Kathie abandoning Lance and how that affected him. Royce stated that Kathie didn’t abandon Lance.

Jones asked about Kathie being under a DHS treatment plan with her children while they were in DHS custody for two years. Royce stated that Lance didn’t know his real dad.

Jones asked why the Briggs didn’t give DHS contact information for Lance. Royce stated that he didn’t know how to contact Lance while he was in Iraq.

Jones stated that DHS asked Kathie for contact information during the same phone conversation Lance called Kathie while on the phone with DHS and Kathie didn’t tell them how to contact Lance. For months of litigation they didn’t know how to contact Lance.

Royce stated that he did contact Lance.

Royce stated that he thought that they would have Kelsey, but then she was “taken away.”

Royce stated that Lance knew some information.

My note: Royce stumbling when asked about what Lance knew

Royce stated, “At times we didn’t know how to handle the situation.”

Royce then stated that Lance went to Iraq sometime in the spring of 2005. “Lance left to go to New Jersey in March and came back and then left again.”

Royce then stated that at times he knew how to reach him, but at times he didn’t.
Royce stated that he could contact Lance while he was in the U.S. Royce stated that he had contact information for him “most times” but at other times he didn’t.

Jones asked Royce if Ashley knew how to reach Lance. Royce stated that she didn’t.
Royce stated that Lance was injured in Iraq.

Jones asked Royce why Lance was in Ft. Benning after Iraq. Royce stated that he thought it was for “debriefing.”

Royce denied that Lance was in rehab during that time.

Jones asked why Royce thought Lance wasn’t in rehab. Royce stated, “It’s in his records.”

Jones asked Royce if he had access to Lance’s records. Royce stated that he had “no access” to them.

Royce was dismissed.

Jeanna's Testimony

2010-01-09T17:58:00.000-08:00

Court was called to order at 9:12 am on January 8, 2010 in front of Judge Timothy DeGuisti.

Lance was represented by his attorney Derrick Burch (who smiled and winked at me), and his associate Joe White did most of the questioning.

Raye was represented by her attorney Steven Jones and his associate attorneys.

The first witness was Jeanna Fowler, Lance’s sister, and cousin by marriage to Raye Dawn. Lance’s counsel started by asking questions about Jeanna’s relationship to Lance and to Raye Dawn and Jeanna stated that she was three years older than Lance and talked about where she lived, and so on.

Jeanna brought up the fact that Lance wasn’t informed until Kelsey was four months old that he was a father. (This was something that was repeated throughout the day.)

Jeanna stated that her family had thrown a baby shower for Lance and she stressed the “months” of anxiety of Lance not knowing if he was a father or not.

Lance’s counsel showed pictures of Ashley in her wedding dress with Kelsey and pictures of Kelsey with Ashley and Lance.

Jeanna mentioned that Raye Dawn said that she was not pregnant when she divorced Lance. Jeanna went on and on about Kelsey’s paternity – stated that Lance didn’t know if she had a baby with another man while married to him.

Then Jeanna spoke of the “dream room” that Lance had created for Kelsey.
Lance’s counsel asked about Lance’s visitation with Kelsey and Jeanna spoke of how Lance pulled off Kelsey’s socks and counted her toes. She stated that Kelsey looked at Lance and locked eyes with him.

She kept referring to Lance as “Kelsey’s daddy” and stressed words, obviously rehearsed.

Jeanna stated that Ashley loved Kelsey as her own.

Lance’s attorney showed pictures of Kathie and Lance with Kelsey and pictures of Kelsey with her cousins.

Jeanna stated that they had a family event every time Lance had Kelsey and that Lance was attentive and loving.

One note I made was that some of her language was word-for-word from some of the posts on Topix.

Jeanna talked about Lance going to Iraq and the stress on the family because he was called.

Jeanna stated that Lance asked for his visitation to be given to Kathie.

Lance’s attorney phrased his testimonial (something he repeatedly did instead of questioning) as if Lance was in Iraq before January of 2005.

Jeanna spoke of January, 2005 and how Kelsey had on a brace and the Briggs were told she had fallen out of her crib with Raye.

Jeanna stated there were bruises on Kelsey’s face – she was fully clothed and at a party. All they could see were her hands and neck up.

Jeanna was asked if she had seen the bruises on Kelsey’s body and she stated that she saw the photos the following day.

Jeanna stated that Ashley saw the bruises while bathing Kelsey and they immediately called the police.

Jeanna stated the “bruises” were deemed to be child abuse under Raye Dawn’s care. (See my twisted facts post. That post is about the “bruises.”) My note: Pictures not what they show BRIGHT RED!!! Not black and blue!

Jeanna said Kelsey was always hurt and sometimes explanations from Raye and sometimes Raye denied it.

Lance’s counsel asked Jeanna about Kelsey’s broken legs and Jeanna said, “Heartbreaking to see this little baby - so small - to see casts on both legs.”
Jeanna stated that Kathie had taken Kelsey to a specialist to see if plate growth problem, but was deemed child abuse.

Jeanna was not at hearings, she stayed neutral because belonged to both families.
Jeanna saw Kelsey for the last time on August 23, 2005. Ashley was given 5 hours of visitation. Once she saw her it was heartbreaking.

Lance’s counsel showed pictures of Kelsey with Ashley with car accident bruises and the pictures of Kelsey pouting in the swing.

Jeanna stated that Kelsey had “terrible blood hemorrhages in her eyes” and that the “whites were bloody.”

When asked about the injuries from the car accident (my note: Jeanna got bitchy), she stated in a very bitchy voice, “Being a mother of a child, she wouldn’t have injuries on both sides of her face!”

Jeanna stated that the CASA worker was notified and that she researched the injuries and sent a letter to DHS.

Lance’s counsel asked Jeanna about Kelsey’s spirit. She stated, “She was not the same child. Not Kelsey. I went in the other room and cried…her spirit was gone.”
Lance’s counsel asked what Kelsey’s murder had done to her brother.

Jeanna stated that he was a “broken man” “doesn’t laugh” “tries to get through one day at a time.” Jeanna stated that they got him “through lunch” and “through dinner.” Jeanna then stated, “We don’t know how to fix him.”

Jeanna stated that Raye Dawn’s hatred for (I have in my notes her, but not 100% positive on that) caused Raye Dawn to hurt Kelsey.

My note: the judge finally intervened!

The questioning was redirected.

Jeanna stated, “Lance doesn’t think he’s going to live to be very old and he doesn’t want to because he can see Kelsey faster.”

Jeanna then talked about how Lance is the only one without children at Christmas so they “strategically place Lance away from the kids.”

Jeanna then talked for a while about how they try to get Lance to smile. (My note: he was smiling and laughing all through Raye’s deposition.)

Jeanna stated that she had sent Lance a picture of her son and it took him hours to get him through the night that night.

My note: She stated earlier that they “strategically” keep him away from the children at holidays, but she sent him a picture of her son?

Mr. Jones cross-examined Jeanna

Jones asked Jeanna about when she saw Kelsey last and she said that the Briggs weren’t allowed to see her after June of 2005.

Jones pointed out the fact that Kathie didn’t want supervised visits and had given up her visits with Kelsey because of what DHS said about her.

Jeanna stated that she didn’t know about the visitation because she wasn’t at court.
Jeanna stated that she was told that Kathie’s visits were “taken out of context” by the DHS workers.

Jeanna was asked about the marriage of Raye Dawn and Lance. Jeanna knew about the date of their marriage, but not about their divorce.

Jones asked about Kelsey’s paternity. Jeanna stressed he was “excited” about the “prospect” of becoming a father. (The words that are quoted were stressed by Jeanna)

Jeanna stated that Lance wanted the results.

Jeanna then talked about Lance’s visitation.

Jones asked about the marriage of Lance and Ashley. Jeanna stated that Lance and Ashley had been together for a year and a half before he went out of state with the army.

Jeanna stated that before September, 2004 they made no complaints of abuse of Kelsey.
Jeanna talked about the January, 2005 appearance of injuries.

Jones stated that Raye had taken Kelsey to the clinic four days before the “bruises” appeared.

Jeanna stated that Kelsey was at the party and appeared to be happy and playing and only in pain when she moved a little.

Jeanna stated that Kelsey went to same hospital that Raye Dawn had taken her to four days earlier.

Jeanna stated that she couldn’t say what DHS said because she wasn’t at the hearings or in court.

Redirect by Lance’s counsel:

Lance’s counsel talked to Jeanna about Raye Dawn signing affidavit that Raye Dawn was not pregnant and lied.

Jones objected

The objection was sustained

Lance’s counsel stated that Raye Dawn had concealed her pregnancy

Jones objected

The objection was sustained

Jeanna was excused

Twisted Facts

2010-01-09T15:28:00.000-08:00

Before getting into the testimony, there was something yesterday that really bothered me. They showed a picture over and over of Kelsey in the bathtub from January, 2005 of the "bruises" that were on her back side and they were of the alleged abuse against Raye Dawn. DHS said that she had spanked Kelsey with a brush. This is the single case of alleged abuse that is directly against Raye Dawn and the alleged crime for which the district attorney wanted Raye Dawn to accept a five-year plea. Raye Dawn refused the plea, stating that she had never spanked Kelsey with a brush and she would take her chances at trial instead of admitting to abusing Kelsey, which she never did.

From the moment they showed the pictures for the first time, I was shocked. I was so shocked in fact, that I had a hard time staying in my seat. I wanted to stand up and scream that those were not the pictures that the Briggs had shared with the media and that were on the Internet. The pictures they showed multiple times throughout the day were of Kelsey in a bathtub, just like the pictures that they use, but these pictures were of bright red bumps that were all over her butt and up her back and on her thighs and the insides of her thighs. They were CLEARLY of a rash. Clearly! No mother could look at the photos and think otherwise. We've all seen rashes and those were of a rash. If they were from a spanking with any type of object, the spanking had just occurred, and not from the time that Kelsey had been with Raye Dawn, more than four hours before her bath. Some of the bumps were raised above the skin and they were BRIGHT RED. There wasn't a single black or blue mark. All of them were a fiery red.

As you'll see in the photo that one of Raye's supporters got from the Briggs, it appears to be bruising of different colors and not the bright red, rash looking bumps that were in every single one of the photos that Lance's attorneys presented. There is no way that the photos could have been from the same time. Some of the photos wouldn't have been bright red and others black and blue unless the injuries happened just before the photos, and then after the redness went away, they took more pictures.

The Briggs say the photos were from the time that they gave Kelsey a bath at after 10 pm and Raye Dawn hadn't seen Kelsey since 6 pm. How would Kelsey have BRIGHT RED bruises if Raye had hit her four hours earlier? It does not make sense.

This is what is on www.thetruthaboutkelsey.com and is a picture that the Briggs put out on the Internet and in the media.

When comparing this photo with the ones I saw yesterday, this photo was clearly doctored by someone. It is not of the same injuries that the attorneys presented, which makes me question the other photos that we've seen. How many of them have been altered or doctored? I wish I had the photos that were shown yesterday so I could present the difference. You would all be shocked.

Message to the Haters

2010-01-09T14:53:00.000-08:00

Yesterday while sitting in the courtroom I kept thinking about the displaced anger from the Briggs family. Why can't they admit that Mike Porter manipulated them just like he manipulated Raye Dawn and the Smiths? Does everything really come back to the money? Raye Dawn made it clear while on the stand that if she is awarded anything, it will go to pay back her family for her legal expenses and the rest will go to our local infant crisis center that is in desperate need for donations and to St. Jude's children's hospital. She doesn't want the money. So why continue the hate toward her? She wants to help children in her daughter's name.

Recently, the infant crisis center was in need of volunteers and Gayla got a message about it, and she was off work that day, so she spent the day filling out paperwork for them while they checked car seats for parents. Gayla was the only volunteer that day.

The Smiths are serious about doing good for children and for people in their community and they hold their heads high despite the dirty looks and the snickering. I'm proud to support such a giving and loving family.

Message for the Haters

2010-01-09T14:15:00.000-08:00

Day Twenty-Seven

2010-01-09T08:35:00.000-08:00

Yesterday was a tough day for Raye Dawn and her family. From the moment the family members who haven't seen Raye Dawn since she went to jail saw her in the courtroom, tears began to fall as they fought their need to hug her and tell her how much they love her. It was heartbreaking to watch. The raw emotions that were displayed in the courtroom from both sides were evident in the number of security personnel who remained throughout the entire day.

I was deeply touched by the testimony of Royce Briggs and Shirica. Their love for Lance and Kelsey shined through their tear-filled words. I felt their pain and understood the depth of their loss.

When Raye Dawn spoke, there wasn't a dry eye in any of the twenty-two supporters who were there for her. Snickers from Britten Follet and smiles from the Briggs didn't go unnoticed as Raye cried in anguish over the loss of Kelsey. (The Briggs had a few of their family members there and one friend, Lori-there were seven for their side. Of course Starla and Jullie lied about going.)

Raye's words were powerful and truthful, and I thought to myself that there was no way that the Briggs could walk away from that courtroom with hate in their hearts for Raye Dawn. But from Lance's interview afterward, I was wrong. He worked throughout the day to intimidate Raye Dawn as he positioned himself to stare her down during the entire proceeding. While she was on the stand, pouring out her heart and her love for her child, he stared at her and gave her such looks of hate that the marshal had to put him in his place more than once. I understand his anger. But it's misplaced. Where was the anger toward Mike Porter?

Even Lance's attorney showed more respect for the man who murdered Lance's child instead of Kelsey's mother as he defended Mike Porter during his deposition. Porter plead the fifth to every question as Lance's attorney objected to the questions. Lance's attorney tired of defending the man who murdered Kelsey and left before the deposition ended, shaking Porter's hand on the way out the door. When asked if Lance's attorney shook Raye Dawn's hand, she stated he had not.

I have a lot more to say about the hearing and will post everyone's testimony after I have more time to reflect. Over the past two days I've gotten to know Holly and Tracy from Tennessee. They drove here to support Raye Dawn and to get to know her family. They are wonderful, loving women and I'm thankful to them and to all of Raye's supporters who have traveled from around the globe to come here to get to know myself and the Smiths. Without the support of all of you, we would not be able to carry on against all of the hate. From the bottom of my heart, thank all of you.

Day Twenty-Seven: Spending the day catching up on school and work but will work in some e-mails to certain Web sites.