Attorney Files Appeal In Case Of Slain Toddler's Mother

Tuesday, October 23rd 2007, 8:24 am

By: News On 6

BRISTOW, Okla. (AP) -- Lawyers for a woman who was convicted of allowing the abuse of her young daughter, who later died, cited pre-trial publicity and "a public campaign of vilification" in an appeal of her conviction on enabling child abuse and 27-year prison term. Attorney Stephen Jones also referred to the media as "hyenas"; blasted the choice of Creek County District Court in Bristow as an alternate site for the trial and questioned the residency and professionalism of Lincoln County District Attorney Richard Smothermon.

"Raye Dawn Smith was denied her constitutional right to a fair trial," Jones wrote in Monday's 94-page filing. "She was convicted by the media before she ever stepped foot in the courtroom."

Jones called the loss of Kelsey Smith Briggs, Smith's 2 year-old who died from a blow to the abdomen, and the Department of Human Services decision to take custody of her other child miscarriages of justice that were neither accidental nor inadvertent.

"It was the result of a deliberate plan which was instigated from the venomous hatred of the defendant by her former mother-in-law; the bizarre, erratic, and unsettling behavior of her abusive former husband, an insatiable appetite of the hyenas of the media built on sensational and untrue rapid fire `coverage' as `news' so that they shaped the events and public perception, and finally the trial itself," Jones said.

The child died October 11, 2005, at her home near Meeker after months of suffering broken bones, bruises and other injuries. Her death came four months after a judge returned the toddler to her mother's care despite accusations the mother was the abuser. The judge ruled the perpetrator was unknown.

Smith denied wrongdoing.

At trial, prosecutors alleged Smith's husband, Michael Porter, abused the child, sexually assaulted her and eventually killed her and that Smith did nothing to stop it.

Porter was once charged with murder in the case, but pleaded guilty to enabling child abuse and is presently serving a 30-year prison term.

"The evidence suggests, quite strongly, that Kelsey Briggs was killed as a result of the actions of Michael Porter. Mr. Smothermon has said as much, and though he charged Mr. Porter with murder, he knew or suspected that the evidence was insufficient to prove him guilty beyond a reasonable doubt in a fair trial," Jones said in the appeal.

"But, the Briggs family were less interested in Michael Porter than they were in prosecuting Raye Dawn Smith. ... So, incredible as it is to believe, the charged murderer of a 2-year-old innocent child escaped justice by false testimony against his wife, the child's mother, and Mr. Smothermon and Ms. (Pattye) High (a prosecutor) were a party to this disgraceful, immoral, illegal, unconstitutional and unprofessional travesty."

Smothermon could not immediately be reached for comment Monday night.

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