Raye Dawn's Testimony

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