Sunday, January 10, 2010

Kathie's Testimony

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.

1 comment:

  1. Well written Jody. Thank you for this synopsis. I am saddened to think that Kathie Briggs believes Raye Smith murdered Kelsey. This may be why she felt justified in attempting to secure Porter (psychopath and murderer) in taking Raye Smith down. I can't see how she can absolve Porter of murder when the evidence is clear. It is truly sad indeed.