"Who Killed Kelsey?"


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Reported by: Abbie Alford
Updated: 8/29/2010 1:15 pm Published: 8/27/2010 7:31 pm


 A child died in the hands of her mother and stepfather and the Oklahoma Department of Human Services knew about the abuse.

A new book reveals what happened to two-year-old Kelsey Briggs who died in 2005 in Meeker, Oklahoma. Her mother now wants a new trial after being convicted of child abuse and sentenced to 27-years in prison.

The stepfather, Michael Porter, pleaded guilty and will spend 30 years in prison.

FOX23’s Abbie Alford spoke with authors former TV anchor Cherokee Ballard and FOX25’s in Oklahoma City Britten Follett on writing “Who Killed Kelsey?”

"The system failed Kelsey," says Follett.

The book gives heartbreaking details about Kelsey’s months possibly years of abuse by her mother Raye Dawn Smith and stepfather Michael Porter.

It’s too painful for Kelsey’s biological father Lance Briggs to read.

"Reliving the injuries for her, not being able to comprehend how terrified or scared she was and the pain she went through, reading about it just kills me, it tears me up,” says Briggs.

A broken collarbone, DHS concluded Kelsey’s mother was responsible.

“She was failed she should not be dead. She should not be dead. It's shameful, this case is shameful," says Ballard.

A judge let Kelsey return to her mother and the abuse didn’t stop.

Kelsey had a sprained ankle and two broken legs. The book says Kelsey told a family member it was “Daddy Mike” who pushed her off the bed.

A judge let Kelsey return to her mother and the abuse didn't stop.

"She abused Kelsey and my family was fighting for her safety and her well being and no one was listening, no one was listening until she was dead and it was too late," says Briggs.

Her father was in Iraq fighting for our country while his mother and family were fighting for the little girl.

"Kelsey's story epitomizes the levels of failure on behalf of child welfare systems across the country," says Follett.

About an hour before Kelsey took a blow so hard to the stomach she died, her caseworker had left the house.

Authorities say only her mother and stepfather were the only people home at the time of Kelsey’s non-accidental injuries.

"Kids continue to die who are in custody of the state. I don't know what the answer is,” says Ballard. “Because of Kelsey some other child's life will be spared."

Her death highlighting a problem that’s not going away.

"If one case worker or one parent or one teacher takes that bruise more seriously maybe we can prevent another child from suffering the same horrible death at the hands of Michael Porter or Raye Dawn Smith,” says Follett.

Now a child is gone but Kelsey’s father says he’ll continue to fight to help save other children from abuse.

"Kelsey should not be dead. People should have listened. I am hoping her story will spare children in the future," says Briggs.

Since Kelsey’s death in October 2005, “Kelsey’s Law” was enacted. It boosts the power of DHS as well as other state agencies and judges to intervene on behalf of children in abusive homes. The law also makes judges accountable for their rulings in child placement cases.

Smith will be asking a judge on September 1st for a new trial. If granted she could be freed from prison.

Porter made a plea deal so he does not have the right for an appeal.

Both are required to serve at least 85% of their sentence.

 Ballard and Tollet will be in Tulsa on Saturday for a booking signing at Steve's Sundry bookstore at 2612 S. Harvard Avenue from 1pm to 3pm.

A portion of the profits will benefit the Kelsey Briggs Foundation that her grandmother started to help prevent future child abuse.


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The views expressed here do not necessarily represent those of KOKI FOX23 - Tulsa

watchdog1 - 8/30/2010 2:27 PM
How I would love to be the one deciding the fate of these low life, dispicable monsters. I can't imagine all these injuries and that stupid,lazy, arrogant judge sending that sweet baby back to suffer more,and one of these daft, cold hearted judges will probably grant her a retrial, that is what happens in so many cases, it wouldn't surprize me at all. I should'nt even be allowed to read these child abuse stories, I experience such angst and hatred, an almost overpowering urge to find these disgusting, demonic pieces of crap and do horrible things to them so they can never hurt a child again. I find it so hard to remain a christian with such people in the world.

justme2010 - 8/29/2010 9:55 PM
Moreover, the severe trauma inflicted on October 11, 2005, again while she was in the care and custody of Ms. Smith, resulted in Kelsey's death. IT MAY NEVER BE KNOWN WITH CERTAINTY WHETHER THE FATAL INJURIES WERE INFLICTED BY MS. SMITH OR MR. PORTER---such a determination, however, is not necessary here. THE EVIDENCE CLEARLY ESTABLISHED THAT MS. SMITH WAS AWARE KELSEY WAS BEING HARMED, AND AT THE VERY LEAST, SHE CULPABLY FAILED TO PROTECT KELSEY FROM FURTHER HARM. CLEARLY, AS BETWEEN THE PARENTS, MS. SMITH ALONE STOOD IN A POSITION TO INTERVENE TO PROTECT KELSEY FROM HARM AND DEATH, BUT SHE FAILED TO DO SO AND THEREBY CONTRIBUTED TO (IF SHE DID NOT INFLICT) KELSEY'S FATAL INJURIES. MR. BRIGGS, WHO IS BLAMELESS IN THE MATTER OF KELSEY'S DEATH, HAD BEEN DEVASTATED BY HIS FEELING OF LOSS AND GRIEF. MS. SMITH'S FEELINGS, WHILE PERHAPS NO LESS REAL TO HER NOW, WERE ENTIRELY AVOIDABLE HAD SHE PROPERLY TENDED TO THE PARENT-CHILD RELATIONSHIP DURING THE TIME PERIOD IMMEDIATELY PRECEDING KELSEY'S DEATH. I think thIs proves that Smith and Porter and where they belong and hopefully will remain there for many years to come. If they Smith family would have fought one fourth as hard for little Kelsey, as they have fought to get Raye out of prison, Kelsey would probably still be alive, but they took no action, as Gayla testified to in court, they "WATCHED."

justme2010 - 8/29/2010 9:50 PM
This is from the OCCY Report and the settlement hearing. 1/8/2005 Injury-broken collar bone In the care of mother 1/8/2005 Injury- bruising and abrasions/confirmed abuse In the care of-mother 3/24/2005 Injury- bruising on nose and knee/closed head injury In the care of- mother 4/14/2005 Injury- sprained ankle and bruising In the care of -mother 4/15/2005 Injury- bruising to both thighs and rib cage In the care of- mother 4/24/2005 Injury Child refused to walk/diagnosed with broken legs In the care of - mother The child was in the care of the paternal grandmother from April 18-21 and in the care of Ms. Smith from April 21-25, 2005. 4/27/2005 Injury- bruising to nose and eyebrows In the care of - mother 8/19/2005 Injury- bruise on left cheek In the care of - mother 8/19/2005 Injury - bruise on foehead, reddened area of eye In the care of - mother 8/23/2005 Injury - refusing food In the care of - mother 8/23/2005 Injury - bruises on left hip, left cheek, jaw In the care of - mother 8/27/2005 Injury - red spots in the eye In the care of - mother 9/2/2005 I injury - rub burns to the eye In the care of - mother

Gregg777 - 8/28/2010 11:22 AM
The spelling and grammar is always a problem with these writers. Im not sure why they can never check their stories before posting. Yes, it very unprofessional. DA SMOTHERMON, RICHARD L - Shawnee OK Judge VASSAR, PAUL M - CHANDLER OK

slimjim - 8/28/2010 5:27 AM
After reading this story, I ask the question who was this judge? This child would most likely be alive today had this judge not made the decision to return the child back into this abusive enviroment. How can these people, such as this judge and the DHS, not be held responsible for the consequences of their decisions and actions?

kberry - 8/28/2010 1:08 AM
Good Lord! This is the most poorly written story I have read in a long time. It is almost unreadable. You would think journalists' would proofread a little. Or maybe take an English refresher course somewhere. I could loan them my third grade Language book! (If you guys would like to borrow it, just drop me a line. Well, you might need to call. I'm not sure I could read your email either.) You almost can't even read the article for having to decipher the English. I wonder how much these people get paid?

SunSwan - 8/27/2010 9:45 PM
This is heart-breaking and we have to wonder how many more children have to die before judges and DHS take the welfare of helpless children seriously. Just a note to the reporter in front of Steve's Sundries - it is not pronounced "sun-dries," like sundried raisins, it's the plural of "sundry," meaning "this and that" or "various and diverse" and pronounced "sun-dreez." I'm surprised that there was no rehearsal or editorial oversight as to how to pronounce the name of this iconic Tulsa place of business. It just makes Oklahomans look ignorant and uneducated and we already have a problem with being perceived that way.

Lynn Snell - 8/27/2010 8:27 PM
Maybe they will get their sentences reduced as well, as that seems to be the norm for the killing of a child.
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