Family wants justice in the death of a 10 year old girl

The family of a little girl, who died in Jenks nearly five years ago, hasn't given up the fight for justice. <br><br>News on 6 crime reporter Lori Fullbright says Rachel Clayton's father and grandparents

Tuesday, July 15th 2003, 12:00 am

By: News On 6

The family of a little girl, who died in Jenks nearly five years ago, hasn't given up the fight for justice.

News on 6 crime reporter Lori Fullbright says Rachel Clayton's father and grandparents are in Tulsa this week in hopes of getting answers to their many questions.

10-year-old Rachel Clayton died in her Jenks bathtub in 1998. Detectives and family members believed it was murder and wanted charges filed. When District Attorney Tim Harris said there wasn't enough evidence, Rachel's grandmother, Madge Colbert, got enough signatures for a grand jury. But, the grand jury agreed with the DA and recommended the Oklahoma State Bureau of Investigation try to find new evidence.

That was two years ago and Colbert says the OSBI has done all it can and the case is back to Harris. Sid Clayton, victim's father: "The district attorney, in my opinion, is that he's not being as aggressive and that's slowing things down getting this case brought to justice."

Harris says even the OSBI didn't discover any new evidence that will allow him to file charges. Colbert says when she recently learned the foreperson of the grand jury, was, herself under investigation, it tainted the whole process. Harris says he had nothing to do with who was on the jury because he recused himself; it was handled by two other local DA's. "I have to prosecute on facts and evidence and beyond a reasonable doubt, that's the law the guide I have to operate under."

Madge Colbert, victim's grandmother: "She's a little girl who didn't deserve to die, like this. She's better off, she's in heaven, but we need her here. We grieve and our lives are forever changed and I need justice for her. I will never give up."

Tim Harris met with Rachel Clayton's father and grandparents Tuesday evening. He says he will file charges as soon as there's enough evidence.

The family wants a jury to be allowed to decide the strength of the case.