A woman convicted in the brutal death of her toddler and sentenced to 27 years in prison, is asking for the state to commute her sentence after serving 17 years.
Raye Dawn Smith was found guilty by a jury of enabling child abuse and Smith is supposed to serve 85% of her sentence, around 23 years, before being eligible for release.
Smith’s husband at the time, Michael Porter, was originally charged with murder, then took a plea deal for enabling child abuse and got 30 years in prison and testified against Smith at her trial.
The baby’s father was overseas serving his country in the Army at the time.
The ME said Kelsey Briggs’ cause of death was homicide and manner of death was blunt force trauma to her abdomen, plus she had trauma to her genitals.
December 2002, Kelsey was born.
January 2005: she was taken to ER with a broken collarbone and many bruises to her back, buttocks and thighs and DHS confirmed abuse by the mother, Smith.
April 2005: Kelsey had 2 broken legs (spiral fractures). She was taken into DHS custody.
June 2005: A judge put Kelsey back in the home of her mother and step-father, over the objections of DHS. The judge said the abuser was “unknown.”
October 2005: she died.
October 2005: Porter charged with murder.
February 2006: Smith charged with enabling child abuse.
February 2007: Porter pleaded guilty to enabling child abuse and got 30 years in prison.
July 2007: Smith was convicted by a jury for enabling child abuse and sentenced to 27 years in prison.
March 2006: The OK Legislature passed the Kelsey Smith-Briggs Child Protection Reform Act to change the way the courts and DHS handle abuse and neglect cases.
The Lincoln County DA, Adam Panter, is objecting to Smith’s sentence being commuted.
He wrote a letter saying Smith needs to serve 85% of her sentence before having a chance at release or people will lose faith in the system.
He says Smith played an “essential role in the violent, torturous beating death” of her child.
He says Smith does not deserve a plea for mercy and should be shown the exact same mercy she gave her own child, who died a slow, agonizing death.
Morgan Hale with Project Commutation says Smith does deserve to have her sentence commuted for these reasons.
Smith, while in prison, has earned an Associate’s degree and is working on her Bachelor’s degree in Business Administration.
Smith has completed 74 different classes while in prison.
Smith has taught a cardio class and supervised other instructors and has taught and tutored others in various college subjects.
Hale says Smith was not home when the murder happened, didn’t know of abuse and is not a danger to society.
They argue the sentence is excessive since it’s only 3 years shorter than what Porter got and they argue Smith’s rehabilitation efforts have been impressive.
The commutation hearing is set for June.
