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<v Speaker 1>Maker is a small town of around one thousand residents,

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<v Speaker 1>nestled about forty five miles east of Oklahoma City in

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<v Speaker 1>the heart of rural Oklahoma. It was founded in the

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<v Speaker 1>early nineteen hundreds and named after the Maker family. This

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<v Speaker 1>quiet community came to life when the railroad depot was

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<v Speaker 1>built on Julian Maker's property, with the generous landowner donating

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<v Speaker 1>the very ground that would become the town site. It's

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<v Speaker 1>the kind of place that embodies classic small town Oklahoma charm.

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<v Speaker 1>So small, in fact, that it doesn't even have a stoplight.

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<v Speaker 1>Most residents here own their own homes, with many retirees

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<v Speaker 1>drawn to its peaceful streets and friendly neighborhoods. This was

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<v Speaker 1>a time where everyone knew everyone, and families moved to

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<v Speaker 1>Maker for exactly what it promised, the security and innocence

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<v Speaker 1>of small town America, far removed from the dangers and

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<v Speaker 1>complexities of city life. But on the eleventh of October

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<v Speaker 1>two thousand and five, that sense of safety would forever

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<v Speaker 1>be shattered. Paramedics were dispatched to a modest home along

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<v Speaker 1>a quiet street. What happened in that house and the

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<v Speaker 1>devastating chain of missed opportunities that led to it would

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<v Speaker 1>expose a very broken system. Kelsey Smith Briggs was born

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<v Speaker 1>on the twenty eighth of December two thousand and two

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<v Speaker 1>in Oklahoma City. She was the daughter of Red Dawn

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<v Speaker 1>Smith and Lance Briggs, a couple whose love story began

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<v Speaker 1>the way so many small town romances do. They had

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<v Speaker 1>met in the halls of Maker High School. Lance was

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<v Speaker 1>the football player, read the cheerleader. She was once even

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<v Speaker 1>a candidate for homecoming queen, with Lance proudly on her arm.

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<v Speaker 1>Back then, their smiles and photographs told the story of

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<v Speaker 1>two teenagers wrapped in the promise of forever, but that

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<v Speaker 1>promise didn't really take shape until after graduation. The couple's

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<v Speaker 1>early years together weren't without hardship. Before they marry married,

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<v Speaker 1>Ray became pregnant, but she suffered a miscarriage. Still, they

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<v Speaker 1>pressed forward, exchanging vows on the porch of her parents'

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<v Speaker 1>home on the fifteenth of July two thousand, But the

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<v Speaker 1>fairy tale was short lived. Lance's mother, Kathy, would later

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<v Speaker 1>describe those years as chaotic. They battled all the time.

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<v Speaker 1>They had a terrible marriage for two years. They both drank,

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<v Speaker 1>they parted too much, They did all the wrong things.

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<v Speaker 1>But the fighting wasn't just words. Less than a year

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<v Speaker 1>into their marriage, Ray told police that Lance had slammed

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<v Speaker 1>her against a wall and pressed his forearm against her throat.

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<v Speaker 1>She said the argument sparked because she hadn't supersized his

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<v Speaker 1>McDonald's value meal. Lance was arrested and charged with a misdemeanor,

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<v Speaker 1>eventually pleading no contest. He was placed on probation and

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<v Speaker 1>ordered to take anger management classes. But even that incident

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<v Speaker 1>was tangled in conflicting stories. Cathy claimed that Raylegh admitted

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<v Speaker 1>she'd made the whole thing up, that Lance had simply

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<v Speaker 1>taken her cads to stop her from going out, and

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<v Speaker 1>in retaliation she called police. According to Cathy, Ray tried

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<v Speaker 1>to have the charges dropped, but she was told she

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<v Speaker 1>could face trouble herself for filing a false report, so

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<v Speaker 1>the charges stood. There were other arguments, more trouble. Eventually,

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<v Speaker 1>the couple filed for divorce, finalizing it in July two

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<v Speaker 1>thousand and two. By then, Ray was pregnant again. When

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<v Speaker 1>Kelsey was born that December, Ray insisted that another man

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<v Speaker 1>was the father, but Lance pushed Freddie na test. Three

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<v Speaker 1>months later, he learned the truth. Kelsey was his From

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<v Speaker 1>then on, Kelsey's life was split between two households and

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<v Speaker 1>two parents who could hardly stand to be in the

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<v Speaker 1>same room together. The bitterness ran deep, and, as one

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<v Speaker 1>relative put it, the hatred between them became unbelievable. It

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<v Speaker 1>was just unreasonable. At times, Ray had primary custody. She

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<v Speaker 1>and Kelsey lived with Ray's mother and her ailing father.

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<v Speaker 1>Ray worked with the elderly, took shifts at a manufacturing plant,

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<v Speaker 1>and studied at Seminole State College. Lance meanwhile remarried Tying

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<v Speaker 1>the Knot with a woman named Ashley Liddle in June

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<v Speaker 1>of two thousand and three. Kelsey quickly bonded with her

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<v Speaker 1>new stepmother. When Lance was called the active duty in

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<v Speaker 1>Iraq with the U. S. Army Reserve, Kelsey was two

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<v Speaker 1>years old and already full of personality. She loved afternoons

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<v Speaker 1>at the park, especially the swings. She twirl her hair

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<v Speaker 1>the same way she twirled the yarn locks of her

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<v Speaker 1>cabbage patch doll as she drifted off to sleep at night.

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<v Speaker 1>Disney's brother, Beaar, was on constant rotation. At a baby pageant,

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<v Speaker 1>she took home title of Miss Personality. Kelsey was also

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<v Speaker 1>a regular at Miss Julie's Giggles and Grinn's Daycare, where

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<v Speaker 1>owner Julie Sebastian remembered her as fearless and fun. She

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<v Speaker 1>said she was a happy child. She would play, she

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<v Speaker 1>would hang in there with the other kids. She would

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<v Speaker 1>do everything they did. Outgoing smart, she did what she wanted.

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<v Speaker 1>On the surface, Kelsey's world was filled with all the

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<v Speaker 1>ordinary joys of a toddler's life, swings, story books, and

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<v Speaker 1>stuffed toys. But beneath that, the tension between the adults

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<v Speaker 1>in her life simmered, and soon they would have robbed

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<v Speaker 1>in ways that no one could take back. In two

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<v Speaker 1>thousand and four, when Ray's father passed away, she and

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<v Speaker 1>Kelsey left her mother's house and moved into an apartment

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<v Speaker 1>in Maker. Life was in transition, and before long another

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<v Speaker 1>major change was coming. On the night of October fifteenth,

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<v Speaker 1>Ray found herself at hot Rod's, a bar in nearby Shawnee.

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<v Speaker 1>The lights were low, the music loud, and somewhere between

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<v Speaker 1>the crowd and the dance floor, she met a man

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<v Speaker 1>named Michael Lee Porter. Before the night was over, the

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<v Speaker 1>two were dancing together, and soon they were more than

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<v Speaker 1>dance partners. Friend said that Porter fell hard. Wendell Kelly

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<v Speaker 1>Junior remembered it vividly. When he got with that girl,

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<v Speaker 1>he was in a daze. He was so in love

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<v Speaker 1>with her. If she said jump, roll over backwards, he'd

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<v Speaker 1>did it. Porter had two children of his own, eight

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<v Speaker 1>year old Whitney and little Michael, who was just two

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<v Speaker 1>years old. He was financially secure, at least on the surface,

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<v Speaker 1>having taken over his family's magnet manufacturing business after both

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<v Speaker 1>of his parents died. As president of Midwest Industries, Incorporated,

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<v Speaker 1>he oversaw a dozen employees producing magnets used in anything

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<v Speaker 1>from cell phones to computer keyboards. His sister actually owned

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<v Speaker 1>the company, and to outsiders, he looked like a man

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<v Speaker 1>with his life in order. So when Kelsey's grandmother Kathy

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<v Speaker 1>heard about him, she was hopeful. She recalled, we had

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<v Speaker 1>heard that he was a really nice guy, and we

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<v Speaker 1>were excited for her. That she was with somebody that

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<v Speaker 1>had two children of his own, and we thought, great,

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<v Speaker 1>they'll be a great family. But not everybody shared her optimism.

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<v Speaker 1>Some of Porter's own friends felt uneasy. Wendell recalled that

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<v Speaker 1>girl had a temper. She'd throw tantrums. His bookkeeper when

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<v Speaker 1>it'da ward went as far to warn him directly, there's

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<v Speaker 1>too much drama in her life right now, you need

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<v Speaker 1>to stay out of it. But still the relationship moved quickly.

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<v Speaker 1>Ray was in the middle of a messy divorce, but

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<v Speaker 1>within months she and Kelsey had packed their things and

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<v Speaker 1>had moved to Porter's home in Shawnee. By April the

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<v Speaker 1>next year, they were married. There's a photo from that day,

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<v Speaker 1>taken on the court house steps. Porter's in a pullover shirt,

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<v Speaker 1>jean shorts, and tennis shoes. Ray stands beside him with

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<v Speaker 1>Kelsey in her arms. They look for the moment like

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<v Speaker 1>a new family ready for a fresh chapter. But behind

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<v Speaker 1>the smiles, Porter's financial world was crumbling. He'd quietly lost

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<v Speaker 1>his Shawnee home and lied to cover it up, telling

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<v Speaker 1>some people he had sold it, others that he'd least

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<v Speaker 1>or rented it. In truth, he had nowhere to live.

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<v Speaker 1>That problem was solved when he brought Ray's mother's house

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<v Speaker 1>just outside. Maker Gaylas Smith sold it to them for

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<v Speaker 1>a reduced price of two hundred and forty thousand dollars,

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<v Speaker 1>a chance, it seemed, for stability, But what should have

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<v Speaker 1>been a fresh start for Kelsey and her blended family

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<v Speaker 1>was anything, but beneath the surface, tension and trouble were

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<v Speaker 1>already building, the kind of pressure that would eventually shatter everything.

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<v Speaker 1>It wasn't long after Ray moved in with Michael Porter

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<v Speaker 1>that the first signs of trouble began to appear. In

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<v Speaker 1>January of two thousand and five, Kelsey came to the

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<v Speaker 1>attention of authorities she had a broken collar bone. Ray

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<v Speaker 1>took her to the emergency room for treatment, saying she

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<v Speaker 1>had fallen out of bed on January eighth while sleeping

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<v Speaker 1>at home. But just days later, while Kelsey was staying

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<v Speaker 1>with Lance and his wife Ashley, they noticed something that

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<v Speaker 1>went far beyond a simple fall. Kelsey had bruises across

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<v Speaker 1>her face and body, abrasions on her neck and bottom,

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<v Speaker 1>and that same broken collar boone. The bruises were in

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<v Speaker 1>various stages of healing, some fearing, others fresh. To Lance

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<v Speaker 1>and Ashley, it was unmistakable somebody had hurt her. If

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<v Speaker 1>That's neutrafil dot com promo code morbidology ten. The physician

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<v Speaker 1>at Unity North Hospital in Shawnee shared their concerns the

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<v Speaker 1>facial bruises that appeared on January thirteenth hadn't been there

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<v Speaker 1>when she was traded for the collarbone injury four days earlier.

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<v Speaker 1>The pattern of bruising suggested not an accident, but a baiting,

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<v Speaker 1>possibly with an object such as a hairbrush. When Lance

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<v Speaker 1>was asked if Ray could have caused the injuries, he

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<v Speaker 1>admitted that if she had been drinking and got mad,

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<v Speaker 1>she could go overboard. Ray insisted that the bruises on

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<v Speaker 1>Kelsey's face were from the fall out of bed. She

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<v Speaker 1>also claimed that when Kelsey went to visit Lance and Ashley,

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<v Speaker 1>she didn't have any of the other bruises. Despite the

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<v Speaker 1>injuries in the doctor's concern, Kelsey went home with her mother.

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<v Speaker 1>On January twenty first, Rahd took her to see another physician,

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<v Speaker 1>doctor Deborah Catcher, who noted child is extremely fair and

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<v Speaker 1>bruises may show through more than the average child than

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<v Speaker 1>be visible for a longer period of time, but by

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<v Speaker 1>now the Department of Human Services, also known as DHS

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<v Speaker 1>was involved. On January twenty fourth, during an emergency hearing,

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<v Speaker 1>Kelsey was sent to live with her paternal grandmother, Cathy.

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<v Speaker 1>A child welfare investigation concluded that Kelsey had been abused

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<v Speaker 1>while in her mother's care. In interviews, re admitted she

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<v Speaker 1>had spank to Kelsey on the diaper with her hand,

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<v Speaker 1>but denied seeing any bruises. DHS recommended that Kelsey not

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<v Speaker 1>be returned to her mother's custody because her safety couldn't

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<v Speaker 1>be assured. While Nance was serving overseas in the military,

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<v Speaker 1>he agreed to his parents being Kelsey's guardians. By February,

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<v Speaker 1>Ray was granted modified visitation, including on supervised visits, as

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<v Speaker 1>long as Michael Porter wasn't present, but according to Cathy,

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<v Speaker 1>she actually had her more than we did. Actually recalled

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<v Speaker 1>that almost every visit ended the same way. It was

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<v Speaker 1>almost constantly, every time she brought her back there was

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<v Speaker 1>something wrong or something had happened. On March twenty fourth,

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<v Speaker 1>two thousand and five, a third referral was made when

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<v Speaker 1>Kelsey was seen at a medical facility for a bruise

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<v Speaker 1>on her nose and right knee, along with a closed

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<v Speaker 1>head injury. The report said she'd been at her mother's

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<v Speaker 1>home when she fell over. The child welfare worker noted

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<v Speaker 1>it was unknown whether the injuries were intentional, but recommended

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<v Speaker 1>that all visits be supervised to prevent further harm. Then

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<v Speaker 1>came April fourteenth, during what should have been an enjoyable

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<v Speaker 1>family adding to the zoo, Kelsey reportedly twisted her foot.

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<v Speaker 1>By the time she was examined, she had a spray

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<v Speaker 1>and ankle, bruising on both arms, and bruises on her

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<v Speaker 1>lower back. Some were yellow with age. One bruise on

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<v Speaker 1>her left arm was the size of a half dollar,

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<v Speaker 1>just below the elbow. Kelsey said she had bitten herself,

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<v Speaker 1>though it was unclear if there were actual teethmarks. Another

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00:15:27.559 --> 00:15:30.399
<v Speaker 1>bruise on her right arm was black, pencil thin and

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<v Speaker 1>less than an inch long. On her lower back and

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<v Speaker 1>spine were multiple small bruises, no larger than a dime.

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<v Speaker 1>The most alarming discovery came on April twenty fifth. Ray

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<v Speaker 1>brought Kelsey to the DHS office, where workers immediately saw

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<v Speaker 1>that she whimpered constantly and she refused to walk or crawl.

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<v Speaker 1>They ordered Ray to take her to the emergency room immediately.

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<v Speaker 1>X rays revealed the horrifying truth, bilateral fractures on both

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<v Speaker 1>her legs, left and right leg. An orthopedic surgeon at

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<v Speaker 1>ou Medical Center examined Kelsey on the second of May.

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<v Speaker 1>His conclusion was clear the injuries were the result of abuse.

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<v Speaker 1>Significant force would have been required, the kind caused by

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<v Speaker 1>violently yanking or twisting a child's legs. His reports stated

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<v Speaker 1>that the injuries didn't match the explanations given by the family.

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<v Speaker 1>DHS informed the district attorney that allegations of abuse were

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<v Speaker 1>in the process of being confirmed. There were also concerns

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<v Speaker 1>that Porter had been at Ray's home when Kelsey was there,

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00:16:35.559 --> 00:16:38.799
<v Speaker 1>in direct violation of the court order. But on April

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00:16:38.879 --> 00:16:42.600
<v Speaker 1>twenty ninth, yet another referral came in. This time Kelsey

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00:16:42.639 --> 00:16:46.519
<v Speaker 1>had new facial injuries. There was bruising across the bridge

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00:16:46.519 --> 00:16:49.399
<v Speaker 1>of her nose that extended to her eyebrows and not

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00:16:49.519 --> 00:16:52.639
<v Speaker 1>by her right eye, and finger shaped marks on her cheeks.

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00:16:53.720 --> 00:16:57.240
<v Speaker 1>The collar believed that somebody had grabbed her face. Ray

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00:16:57.279 --> 00:16:59.360
<v Speaker 1>claimed that Kelsey had been sleeping in bed with her

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00:16:59.399 --> 00:17:04.720
<v Speaker 1>steps as when her stepsister accidentally elbowed her. A DHS

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00:17:04.759 --> 00:17:09.599
<v Speaker 1>worker called this explanation laudible. By May third, Kelsey was

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00:17:09.640 --> 00:17:14.079
<v Speaker 1>once again placed in DHS emergency protective custody and moved

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00:17:14.079 --> 00:17:18.599
<v Speaker 1>to live with her maternal grandmother, Gayla Smith. Court battles

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00:17:18.640 --> 00:17:22.480
<v Speaker 1>over costoy intensified. On the fifth of May, Ray sought

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00:17:22.480 --> 00:17:26.160
<v Speaker 1>to terminate the guardianship, insisting she had completed all court

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00:17:26.279 --> 00:17:30.920
<v Speaker 1>ordered requirements. Despite the mounting evidence of abuse, some people

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00:17:30.960 --> 00:17:34.039
<v Speaker 1>still believed that Kelsey should be returned to her mother's care.

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00:17:35.200 --> 00:17:37.839
<v Speaker 1>At a June hearing, the judge heard from a dozen witnesses,

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00:17:38.359 --> 00:17:43.160
<v Speaker 1>including DHS workers, a court appointed special advocate, and both grandmothers.

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<v Speaker 1>The DHS worker recommended that Kelsey remain with Gayla and

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<v Speaker 1>that any return to Ray should be phased in. Cathy

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<v Speaker 1>agreed she wanted Kelsey back with her mother. Eventually, but

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00:17:54.920 --> 00:17:58.759
<v Speaker 1>only once the truth of the injuries was uncovered. But

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00:17:58.839 --> 00:18:03.640
<v Speaker 1>the Special Advocate recons commended immediate reunification. In the end,

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<v Speaker 1>the judge sided with that advice. Kelsey was returned to

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00:18:07.519 --> 00:18:11.200
<v Speaker 1>her mother's home under the Community Home Base Service supervision.

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00:18:12.200 --> 00:18:15.720
<v Speaker 1>Cathy was stunned. She was convinced that either Ray or

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00:18:15.839 --> 00:18:20.599
<v Speaker 1>Porter was responsible for the abuse. She contacted everybody she

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00:18:20.640 --> 00:18:23.759
<v Speaker 1>could think of, even writing a letter to the first

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00:18:23.839 --> 00:18:27.559
<v Speaker 1>lady plating for help, But the court's position was clear.

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<v Speaker 1>The focus was on reunifying the family, not keeping them apart.

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<v Speaker 1>The incidents didn't stop, and now the change wasn't just

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<v Speaker 1>on Kelsey's body, it was in her eyes, her voice,

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00:18:41.200 --> 00:18:45.039
<v Speaker 1>her very spirit. The vibrant little girl who once loved

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00:18:45.079 --> 00:18:58.960
<v Speaker 1>swings and story books was beginning to fade. By August

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00:18:58.960 --> 00:19:01.720
<v Speaker 1>two thousand and five, the changes in Kelsey were becoming

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00:19:01.720 --> 00:19:07.160
<v Speaker 1>impossible to ignore. On August, second, HBS workers noted disturbing

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00:19:07.200 --> 00:19:11.960
<v Speaker 1>new behaviors. Kelsey had begun harming herself and suffering from

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00:19:12.079 --> 00:19:15.799
<v Speaker 1>night terrors. Two weeks later, on the nineteenth of August,

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00:19:15.839 --> 00:19:19.119
<v Speaker 1>she was in a car accident. Four days after that,

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00:19:19.440 --> 00:19:22.880
<v Speaker 1>she was refusing to eat. When Kathy saw her granddaughter

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00:19:22.920 --> 00:19:25.839
<v Speaker 1>for the first time in weeks. She was unprepared for

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00:19:25.920 --> 00:19:29.920
<v Speaker 1>what she saw. She recalled, we were expecting to walk

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00:19:29.960 --> 00:19:33.160
<v Speaker 1>in there and see this happy, healthy little child, and oh,

286
00:19:33.160 --> 00:19:36.880
<v Speaker 1>my gosh, that's not what we saw. She was horrified.

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00:19:37.480 --> 00:19:41.400
<v Speaker 1>Kelsey looked frail, withdrawn and nothing like the lively little

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00:19:41.400 --> 00:19:46.119
<v Speaker 1>girl she remembered. Kathy immediately filed a complaint with DHS.

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<v Speaker 1>On the twenty ninth of August, a DHS worker visited

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00:19:50.000 --> 00:19:54.400
<v Speaker 1>the home observed bruises on Kelsey's face and across her nose.

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00:19:55.480 --> 00:19:57.680
<v Speaker 1>They were explained away as a result of the recent

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00:19:57.720 --> 00:20:02.200
<v Speaker 1>car accident, but there was more. Kelsey had lost significant

293
00:20:02.240 --> 00:20:07.880
<v Speaker 1>weight and her once bright personality had dimmed. She was timid, cautious,

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00:20:08.480 --> 00:20:13.359
<v Speaker 1>almost afraid to move. September brought more troubling signs. On

295
00:20:13.400 --> 00:20:15.720
<v Speaker 1>the sixth of September, Kelsey had a blister on her

296
00:20:15.759 --> 00:20:19.559
<v Speaker 1>Eyelid Ray explained that she had been washing Kelsey's hair

297
00:20:19.599 --> 00:20:21.920
<v Speaker 1>with adult shampoo when soup got in her eye, and

298
00:20:22.000 --> 00:20:25.279
<v Speaker 1>Kelsey had rubbed it until a blister formed. Not long after,

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00:20:25.400 --> 00:20:30.200
<v Speaker 1>Kelsey was spotted outside the home alone and unsupervised. Even

300
00:20:30.240 --> 00:20:33.160
<v Speaker 1>Kelsey's physician, who had followed her case for months began

301
00:20:33.279 --> 00:20:36.920
<v Speaker 1>raising alarms. In a letter to the Lincoln County Court

302
00:20:37.279 --> 00:20:40.599
<v Speaker 1>dated August thirtieth, she recommended that Kelsey remain in one

303
00:20:40.640 --> 00:20:43.880
<v Speaker 1>stable home so she could be properly evaluated for possible

304
00:20:43.920 --> 00:20:48.279
<v Speaker 1>seizure activity. That medical warning was serious enough that the

305
00:20:48.279 --> 00:20:52.039
<v Speaker 1>court placed new limits on certain visitation arrangements. But no

306
00:20:52.160 --> 00:20:55.799
<v Speaker 1>matter the restrictions, the decline in Kelsey's spirit was undeniable.

307
00:20:56.720 --> 00:20:59.279
<v Speaker 1>Over the course of the year, the spark that had

308
00:20:59.319 --> 00:21:02.920
<v Speaker 1>once to find her was disappearing. At daycare, she was

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00:21:02.960 --> 00:21:05.839
<v Speaker 1>no longer the bubbly, curious child who loved to play.

310
00:21:06.559 --> 00:21:11.920
<v Speaker 1>She'd become withdrawn, aggressive, sometimes biding and punching others without warning.

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00:21:13.160 --> 00:21:15.759
<v Speaker 1>She didn't know what was going on, recalled Julie, a

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00:21:15.839 --> 00:21:20.519
<v Speaker 1>daycare worker who watched the transformation firsthand. Kelsey's hair even

313
00:21:20.519 --> 00:21:24.079
<v Speaker 1>began falling out. She stopped dating, and she refused to nap.

314
00:21:24.839 --> 00:21:28.759
<v Speaker 1>She just changed completely, Julie said. The joy in Kelsey

315
00:21:28.839 --> 00:21:32.079
<v Speaker 1>was being replaced by a confusion, fear, and a quiet

316
00:21:32.160 --> 00:21:35.319
<v Speaker 1>kind of resignation, as though the world had become a

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00:21:35.319 --> 00:21:38.640
<v Speaker 1>place where bad things simply happened and there was no

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00:21:38.720 --> 00:21:51.559
<v Speaker 1>way to stop them. It was the eleventh of October

319
00:21:51.599 --> 00:21:55.359
<v Speaker 1>two thousand and five, two year old Kelsey Smith Briggs

320
00:21:55.400 --> 00:21:58.839
<v Speaker 1>was at home with her mother Ray. That evening, Kelsey

321
00:21:58.839 --> 00:22:01.400
<v Speaker 1>was supposed to go to the movie with her grandmother, Gayla,

322
00:22:01.880 --> 00:22:04.880
<v Speaker 1>something she'd been looking forward to before the auting. There

323
00:22:04.920 --> 00:22:07.359
<v Speaker 1>was one more routine step in the long chain of

324
00:22:07.440 --> 00:22:12.039
<v Speaker 1>court oversight that had become part of Kelsey's life. DHS

325
00:22:12.200 --> 00:22:16.400
<v Speaker 1>worker Patty Bonner arrived for a scheduled home visit, the

326
00:22:16.440 --> 00:22:19.799
<v Speaker 1>eighteenth such visits in summer, each one ordered by the

327
00:22:19.839 --> 00:22:24.440
<v Speaker 1>court to check on Kelsey's welfare. Patty later described Kelsey

328
00:22:24.480 --> 00:22:27.480
<v Speaker 1>that afternoon, It's just like a normal two year old girl.

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00:22:28.279 --> 00:22:32.279
<v Speaker 1>She was playful, climbing over her mother and smiling. But

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<v Speaker 1>Patty also noticed that when Ray left the room, Kelsey

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00:22:35.759 --> 00:22:40.400
<v Speaker 1>became anxious, her energy shifting from carefred to uneasy in

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00:22:40.480 --> 00:22:44.359
<v Speaker 1>just a matter of seconds. Michael Porter raised new husband

333
00:22:44.400 --> 00:22:47.519
<v Speaker 1>wasn't there. He was at work and, by all accounts,

334
00:22:47.559 --> 00:22:50.759
<v Speaker 1>in high spirits. The company he ran had just secured

335
00:22:50.759 --> 00:22:54.119
<v Speaker 1>a twenty thousand dollars deal. When he left the shop,

336
00:22:54.160 --> 00:22:57.319
<v Speaker 1>he was on cloud nine. His coworker, Wendell would later

337
00:22:57.400 --> 00:23:01.240
<v Speaker 1>say Patty did notice a Nicolson sized bruise on Kelsey

338
00:23:01.279 --> 00:23:03.880
<v Speaker 1>and a band it on her finger. Still, there was

339
00:23:03.920 --> 00:23:07.440
<v Speaker 1>nothing that seemed on the surface to demand immediate alarm.

340
00:23:08.400 --> 00:23:12.240
<v Speaker 1>She left it around one thirty pm. Not long afterwards,

341
00:23:12.359 --> 00:23:16.640
<v Speaker 1>Porter returned home. When he arrived when Kelsey were napping together.

342
00:23:17.799 --> 00:23:21.279
<v Speaker 1>A short while later, Ray woke, left Kelsey in Porter's

343
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<v Speaker 1>care and went to pick up his daughter, Whitney from school.

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<v Speaker 1>What happened next took less than ninety minutes, but it

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00:23:28.519 --> 00:23:33.599
<v Speaker 1>would change everything. Sometime after Ray left, Porter dialed nine

346
00:23:33.680 --> 00:23:37.799
<v Speaker 1>one one. His voice was urgent. He told dispatchers that

347
00:23:37.880 --> 00:23:41.039
<v Speaker 1>Kelsey been napping when he heard a strange grunting sound.

348
00:23:41.920 --> 00:23:44.000
<v Speaker 1>When he checked on her, she looked as though she

349
00:23:44.079 --> 00:23:47.680
<v Speaker 1>was having a seizure. Her body was rigid, her neck arched,

350
00:23:48.119 --> 00:23:51.359
<v Speaker 1>her hands and jaw were clenched. She had a history

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00:23:51.400 --> 00:23:54.119
<v Speaker 1>of seizures, he said. He claimed he tapped her on

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00:23:54.160 --> 00:23:57.359
<v Speaker 1>the face, shouted her name, splash coal water on her,

353
00:23:57.680 --> 00:24:00.359
<v Speaker 1>blew in her mouth, even tried chess and press essions

354
00:24:00.400 --> 00:24:04.279
<v Speaker 1>before calling for help. Then he ran outside, creatling Kelsey

355
00:24:04.319 --> 00:24:08.319
<v Speaker 1>in his arms, waiting for the ambulance. Paramedics arrived and

356
00:24:08.359 --> 00:24:12.319
<v Speaker 1>worked frantically as they sped towards Prague Hospital by the

357
00:24:12.359 --> 00:24:16.319
<v Speaker 1>time they arrived, Kelsey was gone. The truth of her

358
00:24:16.319 --> 00:24:19.599
<v Speaker 1>final moments would come later. In the cold, clinical light

359
00:24:19.799 --> 00:24:24.680
<v Speaker 1>of the medical examiner's office, Kelseie's body told a horrific story.

360
00:24:25.359 --> 00:24:28.599
<v Speaker 1>There were bruises across her ribs, chest, side, and back.

361
00:24:29.599 --> 00:24:32.920
<v Speaker 1>There was bleeding in her intestines, bruising on her scalp

362
00:24:32.960 --> 00:24:36.200
<v Speaker 1>and face, a tear in her upper gum, blood in

363
00:24:36.240 --> 00:24:40.240
<v Speaker 1>her ear, and one tonil was missing. Her cause of

364
00:24:40.279 --> 00:24:43.960
<v Speaker 1>death was blunt forced trauma to the abdomen. The pathologist

365
00:24:44.039 --> 00:24:46.640
<v Speaker 1>explained that the injury could have been caused by a knee,

366
00:24:46.680 --> 00:24:51.160
<v Speaker 1>a punch, or by being squeezed with tremendous force. There

367
00:24:51.160 --> 00:24:54.400
<v Speaker 1>were also injuries to the genital area, though it couldn't

368
00:24:54.440 --> 00:24:56.920
<v Speaker 1>be determined if they were the result of sexual abuse.

369
00:24:58.160 --> 00:25:01.880
<v Speaker 1>This was clearly no accident. Two year old Kelsey Smith

370
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<v Speaker 1>Briggs had been killed. After Kelsey's death, Michael Porter and

371
00:25:15.440 --> 00:25:20.279
<v Speaker 1>Ray Smith were separated and placed into interrogation rooms. Almost immediately,

372
00:25:20.359 --> 00:25:23.079
<v Speaker 1>they turned on each other, each pointing the finger for

373
00:25:23.119 --> 00:25:27.359
<v Speaker 1>the injuries that killed Kelsey. Right Old detectives that after

374
00:25:27.440 --> 00:25:31.119
<v Speaker 1>DHS worker Patty Bonner left that afternoon, she and Kelsey

375
00:25:31.200 --> 00:25:34.279
<v Speaker 1>lay down for a nap Porter came home from work

376
00:25:34.359 --> 00:25:37.960
<v Speaker 1>at about two thirty pm. She said. Fifteen minutes later,

377
00:25:38.079 --> 00:25:41.039
<v Speaker 1>she left to pick up Porter's daughter from school, a

378
00:25:41.160 --> 00:25:43.240
<v Speaker 1>task she claimed that Porter had asked her to do.

379
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<v Speaker 1>According to Ray, Kelsey was fine when she walked out

380
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<v Speaker 1>the door. She also painted a picture of a strange

381
00:25:50.359 --> 00:25:54.799
<v Speaker 1>relationship between Porter and her two year old daughter. Porter,

382
00:25:54.920 --> 00:25:58.640
<v Speaker 1>she alleged, was jealous of Kelsey, accusing Ray of neglecting

383
00:25:58.680 --> 00:26:01.759
<v Speaker 1>his children, a year old Whitney and two year old Michael.

384
00:26:03.000 --> 00:26:05.960
<v Speaker 1>Ray's mother, Gala, confirmed that she had heard that tension before.

385
00:26:07.039 --> 00:26:09.799
<v Speaker 1>Just a week earlier, She recalled, Porter had yelled at Ray,

386
00:26:10.480 --> 00:26:13.599
<v Speaker 1>you don't care about anything but that thing in the back.

387
00:26:14.640 --> 00:26:19.640
<v Speaker 1>That thing was Kelsey. When detectives questioned Porter, his version

388
00:26:19.640 --> 00:26:23.279
<v Speaker 1>of events initially matched Raise, at least on the surface.

389
00:26:24.200 --> 00:26:26.480
<v Speaker 1>He said he found Ray and Kelsey asleep when he

390
00:26:26.519 --> 00:26:29.240
<v Speaker 1>came home. He also confirmed that Ray left at two

391
00:26:29.359 --> 00:26:32.920
<v Speaker 1>forty five to pick up his daughter, but in his telling,

392
00:26:33.599 --> 00:26:36.640
<v Speaker 1>that was unusual. He claimed he was the one who

393
00:26:36.680 --> 00:26:40.559
<v Speaker 1>normally collected Whitney from school, and that Ray's sudden departure

394
00:26:41.039 --> 00:26:44.079
<v Speaker 1>didn't sit right with him. He even said he told

395
00:26:44.119 --> 00:26:46.759
<v Speaker 1>her to wait that he would do the pick up himself,

396
00:26:47.319 --> 00:26:50.400
<v Speaker 1>but said that she rushed out the door anyway. This

397
00:26:50.519 --> 00:26:53.480
<v Speaker 1>directly contradicted Ray's claims that Porter had asked her to go.

398
00:26:54.759 --> 00:26:57.839
<v Speaker 1>Porter told investigators that are on fifteen to twenty minutes

399
00:26:57.880 --> 00:27:01.279
<v Speaker 1>after Ray left, Kelsey began grunting and appeared to have

400
00:27:01.319 --> 00:27:05.920
<v Speaker 1>a seizure. When asked if he would take a polygraph examination, which,

401
00:27:06.079 --> 00:27:09.759
<v Speaker 1>while not admissible in court, can sometimes be used investigations,

402
00:27:10.440 --> 00:27:14.200
<v Speaker 1>Porter refused. He told detectives he had a bad situation

403
00:27:14.319 --> 00:27:17.799
<v Speaker 1>with the polygraph once before. Michael Lee Porter was the

404
00:27:17.839 --> 00:27:20.759
<v Speaker 1>only one of them arrested. He was charged with first

405
00:27:20.759 --> 00:27:22.839
<v Speaker 1>degree murder in order to be held on one million

406
00:27:22.880 --> 00:27:28.000
<v Speaker 1>dollar bill. The news stun people who knew him. His bookkeeper, Nita,

407
00:27:28.240 --> 00:27:32.160
<v Speaker 1>described him as a loving father and stepfather. She said

408
00:27:33.079 --> 00:27:35.000
<v Speaker 1>she'd go in there and set on his lap and

409
00:27:35.000 --> 00:27:37.480
<v Speaker 1>play on his computer. He'd come out in the office

410
00:27:37.519 --> 00:27:40.640
<v Speaker 1>and get her cookies or candy bars. The mother of

411
00:27:40.640 --> 00:27:43.720
<v Speaker 1>his son, Alicia Bruce, echoed that sentiment when she said,

412
00:27:44.279 --> 00:27:46.680
<v Speaker 1>I've never seen him hurt a child. That's just not

413
00:27:46.799 --> 00:27:50.359
<v Speaker 1>Mike's personality. He loves his kids and not just his own.

414
00:27:50.799 --> 00:27:53.039
<v Speaker 1>I wouldn't have any problem leaving Mike alone with our

415
00:27:53.079 --> 00:27:56.799
<v Speaker 1>son today. In the eyes of the investigators, though it

416
00:27:56.880 --> 00:27:59.559
<v Speaker 1>was simple. Only one adult had been in the home

417
00:27:59.599 --> 00:28:03.599
<v Speaker 1>when Elsie suffered her fatal injuries. That made Porter the

418
00:28:03.640 --> 00:28:08.000
<v Speaker 1>only one arrested. At least for now, Ray continue to

419
00:28:08.039 --> 00:28:11.359
<v Speaker 1>insist she had no role in her daughter's death. In

420
00:28:11.400 --> 00:28:15.319
<v Speaker 1>a prepared statement, she declared, I believe my daughter was murdered.

421
00:28:15.839 --> 00:28:18.440
<v Speaker 1>This has devastated me and my family. I had nothing

422
00:28:18.440 --> 00:28:20.839
<v Speaker 1>to do with hurting my daughter, and anyone who implies

423
00:28:20.880 --> 00:28:24.359
<v Speaker 1>that I had anything to do with this is wrong. Porter,

424
00:28:24.440 --> 00:28:28.480
<v Speaker 1>for his part, also proclaimed his innocence from jail. He

425
00:28:28.519 --> 00:28:32.279
<v Speaker 1>wrote to his secretary at Midwest Industries, reach out to

426
00:28:32.319 --> 00:28:34.599
<v Speaker 1>everyone you can and let them know that I'll be back.

427
00:28:35.279 --> 00:28:39.680
<v Speaker 1>Have faith that the truth will be revealed. When Kelsey's

428
00:28:39.680 --> 00:28:44.640
<v Speaker 1>history with Child Protective Services became public, outreach followed. Many

429
00:28:44.680 --> 00:28:47.200
<v Speaker 1>asked if she had been failed, if more could have

430
00:28:47.240 --> 00:28:51.680
<v Speaker 1>been done to keep her safe. DHS spokesman George Johnson

431
00:28:52.079 --> 00:28:56.079
<v Speaker 1>resisted that conclusion and stated, I'm not willing to say

432
00:28:56.079 --> 00:28:59.119
<v Speaker 1>that the system failed this child. Who Ever did this

433
00:28:59.200 --> 00:29:02.319
<v Speaker 1>to this child not only failed this child, they failed

434
00:29:02.319 --> 00:29:06.200
<v Speaker 1>the Oklahoma standard and the American way of life. You

435
00:29:06.279 --> 00:29:09.720
<v Speaker 1>don't do these things to children. He pointed to the

436
00:29:09.839 --> 00:29:13.680
<v Speaker 1>challenge of cases such as Kelsey, staring, you don't have

437
00:29:13.759 --> 00:29:16.319
<v Speaker 1>someone old enough to be a credible witness about what's

438
00:29:16.319 --> 00:29:20.880
<v Speaker 1>happening to them. Associated District Judge Craig Kay defended his

439
00:29:20.920 --> 00:29:24.680
<v Speaker 1>own decision to return Kelsey to her mother. He said,

440
00:29:25.319 --> 00:29:27.440
<v Speaker 1>when there's no evidence to show the child as in

441
00:29:27.480 --> 00:29:31.440
<v Speaker 1>imminent danger and apparent completes all their obligations under DHS's

442
00:29:31.480 --> 00:29:34.680
<v Speaker 1>treatment plan, I'm required by law to return that child

443
00:29:34.759 --> 00:29:38.480
<v Speaker 1>to the parents. Ask exactly what I did followed the

444
00:29:38.559 --> 00:29:43.400
<v Speaker 1>letter of the law. Kelsey's family, her father and her grandparents,

445
00:29:43.839 --> 00:29:47.039
<v Speaker 1>had fought to protect her. Now they were channeling their

446
00:29:47.079 --> 00:29:52.079
<v Speaker 1>grief into advocacy. Her grandfather, Royce Briggs, said, it's a

447
00:29:52.119 --> 00:29:54.799
<v Speaker 1>grassroots effort made up of people who are frustrated with

448
00:29:54.839 --> 00:29:59.079
<v Speaker 1>the system. There aren't cracks in the system, there are creators.

449
00:30:00.319 --> 00:30:02.279
<v Speaker 1>On the ninth of November, a round two hundred people

450
00:30:02.319 --> 00:30:07.119
<v Speaker 1>gathered outside the state capital. Many carried signs with Kelsey's photo.

451
00:30:07.599 --> 00:30:10.880
<v Speaker 1>Others read let the Children's Voices be heard and Justice

452
00:30:10.920 --> 00:30:15.119
<v Speaker 1>for Kelsey. Her grandmother Cathy told the crowd, we always

453
00:30:15.119 --> 00:30:18.400
<v Speaker 1>said Kelsey's life had purpose, and we feel her purpose

454
00:30:18.480 --> 00:30:22.680
<v Speaker 1>is to save other kids. Her father Lands added, I

455
00:30:22.720 --> 00:30:25.400
<v Speaker 1>can't believe it happened. Our gold noise to keep it

456
00:30:25.440 --> 00:30:29.240
<v Speaker 1>from happening to anyone else. He subsequently filed the fifty

457
00:30:29.279 --> 00:30:33.519
<v Speaker 1>million dollar lawsuit against the state, demanding a full overhaul

458
00:30:33.680 --> 00:30:38.440
<v Speaker 1>of day Hess. Ray wasn't at the rally. Days later,

459
00:30:38.519 --> 00:30:43.240
<v Speaker 1>the reason emerged. She was four months pregnant with Porter's child.

460
00:30:43.839 --> 00:30:48.039
<v Speaker 1>From behind bars, Porter fad for divorce. Ray responded by

461
00:30:48.039 --> 00:30:52.160
<v Speaker 1>requesting half their Marrital assets, attorney fees, and financial support

462
00:30:52.200 --> 00:30:55.680
<v Speaker 1>for the baby. In a statement, she said, I'm not

463
00:30:55.759 --> 00:30:59.079
<v Speaker 1>associating this child with the father. This is my own child.

464
00:30:59.440 --> 00:31:02.640
<v Speaker 1>The circumstance chances surrounding this event are not the fault

465
00:31:02.680 --> 00:31:06.960
<v Speaker 1>of the baby. Jadson's learned the truth that Porter was

466
00:31:06.960 --> 00:31:11.319
<v Speaker 1>struggling financially and on the brink of bankruptcy. She thought

467
00:31:11.319 --> 00:31:13.920
<v Speaker 1>that he was wealthy that she could live a life

468
00:31:13.960 --> 00:31:17.680
<v Speaker 1>of luxury at home. Then in December came another surprise.

469
00:31:18.359 --> 00:31:22.359
<v Speaker 1>Porter's bill was slashed to two hundred and fifty thousand dollars.

470
00:31:22.880 --> 00:31:27.440
<v Speaker 1>His sister put up the family's business as collateral. He

471
00:31:27.519 --> 00:31:31.200
<v Speaker 1>walked out of jail shortly after Michael Porter's release, state

472
00:31:31.240 --> 00:31:35.279
<v Speaker 1>Representative Chris Stale announced plans to push legislation to reform

473
00:31:35.319 --> 00:31:39.160
<v Speaker 1>Oklahoma's child protection system. It was first called the Child

474
00:31:39.160 --> 00:31:42.480
<v Speaker 1>Protection Reform Act, but Stale said he would rename it

475
00:31:42.880 --> 00:31:46.720
<v Speaker 1>the Kelsey Briggs Law. The bill aimed to create stronger

476
00:31:46.759 --> 00:31:50.000
<v Speaker 1>review procedures and allow greater input from those advocating for

477
00:31:50.039 --> 00:31:53.599
<v Speaker 1>a child's welfare. It would also give judges and DJs

478
00:31:53.640 --> 00:31:57.440
<v Speaker 1>the authority request investigative help from the Oklahoma State Bureau

479
00:31:57.440 --> 00:32:01.759
<v Speaker 1>of Investigation. While the bill moved forward, the case took

480
00:32:01.799 --> 00:32:05.480
<v Speaker 1>another turn. Towards the end of February. Ray was arrested

481
00:32:05.799 --> 00:32:10.920
<v Speaker 1>and charged with child neglect and enabling child abuse. Prosecutors

482
00:32:10.920 --> 00:32:13.880
<v Speaker 1>alleged that she knew or should have known, that Kelsey

483
00:32:13.960 --> 00:32:18.240
<v Speaker 1>was being abused and allowed it to happen. Although investigators

484
00:32:18.279 --> 00:32:20.759
<v Speaker 1>still believed it was Porter who bagged Kelsey to death,

485
00:32:21.400 --> 00:32:24.480
<v Speaker 1>they said that Ray's in action made her culpable. She

486
00:32:24.599 --> 00:32:28.440
<v Speaker 1>was released on twenty five thousand dollars bill. Two months later,

487
00:32:28.440 --> 00:32:30.880
<v Speaker 1>she gave birth to a baby boy, but because of

488
00:32:30.880 --> 00:32:34.519
<v Speaker 1>the felony charges against her, he was automatically placed into

489
00:32:34.519 --> 00:32:39.079
<v Speaker 1>state protective custody. Not long after, lawmakers approved that Kelsey

490
00:32:39.160 --> 00:32:43.000
<v Speaker 1>Briggs Act. Cathy said the bill might have saved her

491
00:32:43.039 --> 00:32:47.759
<v Speaker 1>granddaughter's life. She stated, this tragedy is something a child

492
00:32:47.759 --> 00:32:50.960
<v Speaker 1>should never have to go through. We can't bring Kelsey back,

493
00:32:51.160 --> 00:32:55.319
<v Speaker 1>but we can do something. Lance filed two lawsuits, one

494
00:32:55.359 --> 00:32:59.599
<v Speaker 1>against the state and another against physicians doctor Kelly Coons

495
00:32:59.640 --> 00:33:03.000
<v Speaker 1>and docor Andrea Bart. He accused them of failing to

496
00:33:03.039 --> 00:33:06.440
<v Speaker 1>recognize and report abuse when trading Kelsey's broken legs and

497
00:33:06.480 --> 00:33:11.200
<v Speaker 1>collar boone. Then in July, there was another bombshell. Michael

498
00:33:11.240 --> 00:33:16.559
<v Speaker 1>Porter was now charged with sexually abusing Kelsey. Her body

499
00:33:16.559 --> 00:33:20.480
<v Speaker 1>had been exhumed for a second autopsy, and doctor Dean Hawlly,

500
00:33:20.960 --> 00:33:26.400
<v Speaker 1>a nationally recognized expert from Indiana University, confirmed sexual abuse,

501
00:33:27.200 --> 00:33:32.200
<v Speaker 1>noting a genital terror and bruising. The following month, Governor

502
00:33:32.200 --> 00:33:35.359
<v Speaker 1>Brad Henry signed the Kelsey Smith Briggs Bill into law.

503
00:33:36.359 --> 00:33:39.000
<v Speaker 1>Both Ramporter pleaded not guilty to all of the charges

504
00:33:39.039 --> 00:33:43.079
<v Speaker 1>against them, and the judge ordered separate trials, with Porter's

505
00:33:43.119 --> 00:33:53.039
<v Speaker 1>case to be heard first. On the third of February

506
00:33:53.079 --> 00:33:57.279
<v Speaker 1>twenty seventeen, just before his trial began, Michael Porter appeared

507
00:33:57.319 --> 00:34:00.000
<v Speaker 1>in court and announced that he was accepting a please

508
00:34:01.440 --> 00:34:04.039
<v Speaker 1>He sobbed as he pleaded guilty to a reduced charge

509
00:34:04.039 --> 00:34:08.519
<v Speaker 1>of enabling child abuse. In exchange, prosecutors drop the first

510
00:34:08.519 --> 00:34:12.920
<v Speaker 1>degree murder and sexual abuse charges. Porter was sentenced to

511
00:34:12.960 --> 00:34:15.800
<v Speaker 1>thirty years in prison, with a requirement to serve at

512
00:34:15.880 --> 00:34:18.400
<v Speaker 1>least twenty five and a half years before being eligible

513
00:34:18.400 --> 00:34:22.679
<v Speaker 1>for parole. His attorney, Paul Sutton, said Porter was the

514
00:34:22.679 --> 00:34:26.039
<v Speaker 1>only one willing to accept responsibility for his role in

515
00:34:26.159 --> 00:34:31.159
<v Speaker 1>Kelsey's death, but maintained his client didn't kill her, instead

516
00:34:31.239 --> 00:34:35.320
<v Speaker 1>pointing the finger at her mother Ray. For the first time,

517
00:34:35.360 --> 00:34:38.000
<v Speaker 1>Porter claimed that in July of two thousand and five,

518
00:34:38.440 --> 00:34:42.199
<v Speaker 1>he heard Ray yelling and Kelsey crying, and then saw

519
00:34:42.239 --> 00:34:45.679
<v Speaker 1>her strike the child in the stomach. He admitted that

520
00:34:45.719 --> 00:34:50.400
<v Speaker 1>he never reported it. His defense attorney, Sutton said, Michael

521
00:34:50.400 --> 00:34:53.000
<v Speaker 1>has agreed to assist the District Attorney's office in any

522
00:34:53.000 --> 00:34:56.039
<v Speaker 1>way he can. We all hope that the continued search

523
00:34:56.079 --> 00:35:01.400
<v Speaker 1>for the truth results in true justice. Kelsey's grandmother, Gaila,

524
00:35:01.519 --> 00:35:06.199
<v Speaker 1>remained convinced that Porter was the killer. She said, you

525
00:35:06.199 --> 00:35:10.280
<v Speaker 1>can make anything look good on paper. Cathy was less certain,

526
00:35:10.920 --> 00:35:16.199
<v Speaker 1>saying she believed that Porter might actually be remorseful. Behind

527
00:35:16.199 --> 00:35:18.519
<v Speaker 1>the scenes, it was revealed that prosecutors had built a

528
00:35:18.559 --> 00:35:22.119
<v Speaker 1>strong case against him. Porter's own daughter told her skill

529
00:35:22.199 --> 00:35:25.760
<v Speaker 1>counselor Catherine Reynolds that he sprang to Kelsey real hard

530
00:35:25.760 --> 00:35:28.480
<v Speaker 1>one time and hid her head against a brick wall.

531
00:35:29.480 --> 00:35:31.320
<v Speaker 1>She was only eight years old at the time, and

532
00:35:31.360 --> 00:35:34.519
<v Speaker 1>she told Reynolds that Porter acted nice to Kelsey when

533
00:35:34.559 --> 00:35:37.760
<v Speaker 1>people were around, but was mean when nobody was looking.

534
00:35:38.840 --> 00:35:42.119
<v Speaker 1>Another witness, Janie Cotton, said she once asked Kelsey about

535
00:35:42.119 --> 00:35:45.840
<v Speaker 1>an injury to her leg, and Kelsey told her Daddy

536
00:35:45.920 --> 00:35:49.599
<v Speaker 1>Mike kicked me out of bed DHS worker and at

537
00:35:49.599 --> 00:35:52.960
<v Speaker 1>Swinford was prepared to testify that she twice overheard Kelsey

538
00:35:53.079 --> 00:35:57.400
<v Speaker 1>say Daddy Mike had hurt her. In total, five witnesses

539
00:35:57.440 --> 00:36:00.119
<v Speaker 1>were ready to tell the jury they had heard Kelsey

540
00:36:00.159 --> 00:36:04.639
<v Speaker 1>blame her injuries on Porter. With that kind of testimony waiting,

541
00:36:04.840 --> 00:36:07.960
<v Speaker 1>Porter's defense team likely knew that an acquittal was impossible.

542
00:36:08.239 --> 00:36:11.480
<v Speaker 1>The play deal was their only option. In March, Ray

543
00:36:11.519 --> 00:36:14.880
<v Speaker 1>was additionally charged with child abuse or in the alternative,

544
00:36:15.199 --> 00:36:19.239
<v Speaker 1>permitting child abuse. It was an unusual charge, meaning that

545
00:36:19.280 --> 00:36:22.719
<v Speaker 1>prosecutors wanted jurors to convict her either for directly harming

546
00:36:22.800 --> 00:36:26.159
<v Speaker 1>Kelsey herself or for allowing Michael Porter to harm her.

547
00:36:26.960 --> 00:36:29.400
<v Speaker 1>Her defense team quickly filed the motion requesting that the

548
00:36:29.440 --> 00:36:33.360
<v Speaker 1>trial be moved to neighboring Creek County, a request that

549
00:36:33.400 --> 00:36:37.679
<v Speaker 1>the judge approved. While preparations for trial were underway, a

550
00:36:37.800 --> 00:36:42.199
<v Speaker 1>reporting to Kelsey's murder was released, revealing major feelings by DHS.

551
00:36:43.360 --> 00:36:46.519
<v Speaker 1>The report folled the DHS workers for failing to investigate

552
00:36:46.559 --> 00:36:50.679
<v Speaker 1>why Kelsey was repeatedly injured. It found that they may

553
00:36:50.719 --> 00:36:53.519
<v Speaker 1>not have considered the danger Kelsey was in as serious

554
00:36:53.639 --> 00:36:57.159
<v Speaker 1>enough to warrant to their investigation, despite her having two

555
00:36:57.199 --> 00:37:01.239
<v Speaker 1>broken legs and broken collarbone at different points before her death.

556
00:37:02.000 --> 00:37:05.280
<v Speaker 1>The report stated that after such injuries, DAHS could have

557
00:37:05.320 --> 00:37:09.960
<v Speaker 1>contacted police immediately. The Oklahoma Commission on Children and Youth

558
00:37:10.039 --> 00:37:14.639
<v Speaker 1>concluded that Kelsey's death exposed major systemic problems in how

559
00:37:14.639 --> 00:37:18.719
<v Speaker 1>the state handled child abuse cases. Among the changes it

560
00:37:18.800 --> 00:37:22.519
<v Speaker 1>called for were better training for police officers, prosecutors, and

561
00:37:22.599 --> 00:37:26.559
<v Speaker 1>child welfare workers. Then in July, jury selection began in

562
00:37:26.639 --> 00:37:29.880
<v Speaker 1>Creek County. By the ninth the panel of seven women

563
00:37:30.039 --> 00:37:33.639
<v Speaker 1>and five men had been chosen. The next morning, Ray

564
00:37:33.719 --> 00:37:37.599
<v Speaker 1>was escorted into the courtroom and seated alongside her defense attorneys.

565
00:37:38.760 --> 00:37:42.480
<v Speaker 1>During opening statements, prosecutor Richard Smotherman told jurors that Kelsey

566
00:37:42.480 --> 00:37:46.119
<v Speaker 1>had been beaten to death. He explained that her injuries

567
00:37:46.159 --> 00:37:51.000
<v Speaker 1>were so severe her pancreas had burst, calling her death

568
00:37:51.079 --> 00:37:54.519
<v Speaker 1>the final chapter in a horrible tragedy. He detailed the

569
00:37:54.519 --> 00:37:56.960
<v Speaker 1>pattern of injuries that Kelsey had endured in the year

570
00:37:57.320 --> 00:38:01.079
<v Speaker 1>leading up to her murder. He stated, we know the

571
00:38:01.119 --> 00:38:04.599
<v Speaker 1>abuse didn't stop because she's not here. That day should

572
00:38:04.639 --> 00:38:08.400
<v Speaker 1>never have happened. Smith was either causing the abuse herself

573
00:38:08.880 --> 00:38:10.719
<v Speaker 1>or she knew about it and she did nothing to

574
00:38:10.760 --> 00:38:16.119
<v Speaker 1>stop it. Rai's attorney, Steve Huddleston, condered by declaring her innocence.

575
00:38:17.000 --> 00:38:18.840
<v Speaker 1>He told the jury that Michael Porter had been the

576
00:38:18.840 --> 00:38:23.840
<v Speaker 1>one abusing and ultimately killing Kelsey. He stated she loved

577
00:38:23.840 --> 00:38:28.000
<v Speaker 1>her daughter, her daughter was her life. Testimony began with

578
00:38:28.039 --> 00:38:32.599
<v Speaker 1>graphic photographs from the Medical Examiner's office showing Kelsey dressed

579
00:38:32.599 --> 00:38:36.559
<v Speaker 1>in a T shirt and a blood stained diaper. Jurors

580
00:38:36.599 --> 00:38:40.119
<v Speaker 1>were then walked through her previous injuries, the broken legs,

581
00:38:40.119 --> 00:38:45.039
<v Speaker 1>the broken collar bone, and the numerous bruises. DHS workers

582
00:38:45.079 --> 00:38:49.400
<v Speaker 1>testified about their investigations and the explanations Ray had given

583
00:38:49.440 --> 00:38:53.239
<v Speaker 1>for the injuries. One worker said she believed police had

584
00:38:53.239 --> 00:38:58.000
<v Speaker 1>been notified after Kelsey's broken legs, although evidence suggested they hadn't.

585
00:38:58.920 --> 00:39:02.039
<v Speaker 1>Her grandmother, Kathy he testified about Kelsey's appearance on the

586
00:39:02.039 --> 00:39:06.440
<v Speaker 1>twenty seventh of August. She told the jury she was different.

587
00:39:06.880 --> 00:39:10.440
<v Speaker 1>She looked like she had lost her spirit. Ashley, who

588
00:39:10.480 --> 00:39:14.559
<v Speaker 1>was formerly married to Kelsey's father, Lance, also testified, I

589
00:39:14.639 --> 00:39:19.280
<v Speaker 1>felt something wasn't right, that she was being abused. The

590
00:39:19.320 --> 00:39:24.760
<v Speaker 1>prosecution's most unexpected witness was Michael Porter himself. Prosecutor Smotherman

591
00:39:24.840 --> 00:39:28.239
<v Speaker 1>openly told jurors he believed that Porter had sexually assaulted

592
00:39:28.280 --> 00:39:31.599
<v Speaker 1>and killed Kelsey, but nevertheless he called him to the

593
00:39:31.639 --> 00:39:35.880
<v Speaker 1>stand anyway. Wearing an orange jumpsuit and shackled at the wrists,

594
00:39:35.960 --> 00:39:38.960
<v Speaker 1>Porter admitted he had made a mistake by not reporting

595
00:39:39.039 --> 00:39:43.079
<v Speaker 1>Ray for abuse when he saw it. He testified, I

596
00:39:43.119 --> 00:39:45.000
<v Speaker 1>said a lot of things to cover up for her.

597
00:39:45.519 --> 00:39:48.480
<v Speaker 1>I would have rather believed anything than my wife killed her.

598
00:39:49.119 --> 00:39:51.880
<v Speaker 1>According to Porter, he had witnessed three incidents of abuse,

599
00:39:52.440 --> 00:39:55.760
<v Speaker 1>including Ray punching Kelsey and the stomach with a closed fist,

600
00:39:56.400 --> 00:39:58.920
<v Speaker 1>jerking her from the car, and throwing her into a

601
00:39:59.000 --> 00:40:03.199
<v Speaker 1>chair just two day before she died. During cross examination,

602
00:40:03.320 --> 00:40:06.639
<v Speaker 1>Huddleston accused Porter of being the real killer and of

603
00:40:06.719 --> 00:40:11.079
<v Speaker 1>sexually assaulting Kelsey. He pointed out that Porter had called

604
00:40:11.199 --> 00:40:14.679
<v Speaker 1>Kelsey's grandmother before calling nine one one the day she died,

605
00:40:15.280 --> 00:40:17.599
<v Speaker 1>and revealed that Porter had put a dib wrong Kelsey

606
00:40:18.079 --> 00:40:23.239
<v Speaker 1>after finding her gravely injured. Huddleston said, you knew what

607
00:40:23.320 --> 00:40:25.599
<v Speaker 1>you did, and you didn't want anyone to find out

608
00:40:25.679 --> 00:40:29.679
<v Speaker 1>that she was naked from the bottom down. Huddleston also

609
00:40:29.800 --> 00:40:33.719
<v Speaker 1>challenged Porter's credibility by asking why, if he had truly

610
00:40:33.800 --> 00:40:37.119
<v Speaker 1>witnessed abuse, he had written a letter and testified on

611
00:40:37.280 --> 00:40:41.519
<v Speaker 1>Ray's behalf during a custody hearing. You never saw Ray

612
00:40:41.639 --> 00:40:45.639
<v Speaker 1>Dawn hurt Kelsey, and that's the truth, he argued. He

613
00:40:45.679 --> 00:40:48.280
<v Speaker 1>added that no loving parent would leave their own children

614
00:40:48.320 --> 00:40:52.400
<v Speaker 1>alone with somebody they believed to be abusive, yet Porter

615
00:40:52.480 --> 00:40:56.400
<v Speaker 1>had done exactly that. Other witnesses also described seeing Ray

616
00:40:56.519 --> 00:41:00.760
<v Speaker 1>mistreat Kelsey. Gene Snyder testified that into on thousand and four,

617
00:41:00.840 --> 00:41:04.320
<v Speaker 1>he saw Ray swatt Kelsey three times inside the entrance

618
00:41:04.320 --> 00:41:07.480
<v Speaker 1>of a convenience store, holding her by the arm as

619
00:41:07.519 --> 00:41:10.079
<v Speaker 1>the child tried to sit down to avoid being spanked.

620
00:41:11.199 --> 00:41:13.679
<v Speaker 1>He said, Ray then picked Kelsey up and slung her

621
00:41:13.719 --> 00:41:16.000
<v Speaker 1>over the front seat of the car into the back.

622
00:41:17.159 --> 00:41:21.119
<v Speaker 1>Ray's former boss, Deborah Gilbrith, recalled Ray being upset because

623
00:41:21.159 --> 00:41:24.840
<v Speaker 1>police were investigating her for abuse. Ray ad made it

624
00:41:24.880 --> 00:41:27.199
<v Speaker 1>to Zebra that she had spanked Kelsey with a hair

625
00:41:27.280 --> 00:41:31.519
<v Speaker 1>brush over her diaper, a story which was corroborated by

626
00:41:31.559 --> 00:41:36.400
<v Speaker 1>former co worker Mildred Johnson. Deborah also testified about another

627
00:41:36.440 --> 00:41:39.760
<v Speaker 1>incident in which Kelsey told her that Daddy Mike was mean.

628
00:41:41.119 --> 00:41:44.519
<v Speaker 1>Deborah urged Ray to look into those comments because she

629
00:41:44.599 --> 00:41:49.079
<v Speaker 1>was supposed to be her daughter's protector. Instead, Ray brushed

630
00:41:49.119 --> 00:41:53.840
<v Speaker 1>it off. She called Kelsey little miss attitude and said

631
00:41:53.880 --> 00:41:59.000
<v Speaker 1>she was just jealous. DHS worker in s Swimford described

632
00:41:59.000 --> 00:42:02.440
<v Speaker 1>a supervised vis at which she heard Kelsey say Daddy

633
00:42:02.519 --> 00:42:05.840
<v Speaker 1>might hurt my head. Ray laughed and told her daughter

634
00:42:05.920 --> 00:42:10.000
<v Speaker 1>that was impossible because porter hadn't been around her. The

635
00:42:10.039 --> 00:42:14.199
<v Speaker 1>prosecution then closed its case with expert witness doctor Robert

636
00:42:14.239 --> 00:42:18.920
<v Speaker 1>Block and doctor Andy Sullivan, who testified that Kelsey's injuries

637
00:42:18.920 --> 00:42:23.000
<v Speaker 1>were consistent with battered child syndrome. They further revealed that

638
00:42:23.079 --> 00:42:27.039
<v Speaker 1>her legs had been broken at different times, clear evidence,

639
00:42:27.119 --> 00:42:39.840
<v Speaker 1>they said of repeated abuse. Ray's mother, Gaillis Smith, was

640
00:42:39.840 --> 00:42:42.880
<v Speaker 1>the first to take the stand for the defense. She

641
00:42:42.960 --> 00:42:45.599
<v Speaker 1>told the jury that Ray had wanted an autopsy performed

642
00:42:45.960 --> 00:42:49.440
<v Speaker 1>to find out how Kelsey died, while Porter had opposed it.

643
00:42:50.519 --> 00:42:53.360
<v Speaker 1>According to Gailly, their suspicions about Porter had started to

644
00:42:53.400 --> 00:42:57.519
<v Speaker 1>grow in the weeks before Kelsey's death. One afternoon, she

645
00:42:57.559 --> 00:43:00.599
<v Speaker 1>said that Porter had taped Kelsey's eyes shut while playing.

646
00:43:01.679 --> 00:43:05.000
<v Speaker 1>It wasn't a joke to Gaila. We were starting to

647
00:43:05.039 --> 00:43:08.599
<v Speaker 1>watch him, she told the jury. The testimony then shifted

648
00:43:08.639 --> 00:43:11.559
<v Speaker 1>to Rai's demeanor in the aftermath of her daughter's death.

649
00:43:12.679 --> 00:43:16.440
<v Speaker 1>Pastor Charles Percy recalled finding her in the hospital, cradling

650
00:43:16.519 --> 00:43:20.320
<v Speaker 1>Kelsey's lifeless body, asking him to pray with her, and

651
00:43:20.400 --> 00:43:22.960
<v Speaker 1>pleading to know why her little girl had been taken.

652
00:43:24.039 --> 00:43:27.239
<v Speaker 1>Porter was there too, and, according to Percy, his reactions

653
00:43:27.280 --> 00:43:32.639
<v Speaker 1>seemed strangely exaggerated. The pastor described him making agonizing sounds,

654
00:43:32.679 --> 00:43:36.360
<v Speaker 1>spouncing off the wall, and beating his fists against the floor.

655
00:43:37.400 --> 00:43:41.480
<v Speaker 1>Percy admitted, it bothered me. It really troubled me that

656
00:43:41.559 --> 00:43:45.800
<v Speaker 1>he was responding the way he was responding. Officer Scott

657
00:43:45.840 --> 00:43:50.400
<v Speaker 1>Morrison offered a similar account. Outside the hospital, he said

658
00:43:50.440 --> 00:43:53.000
<v Speaker 1>that Porter was pounding on the bed of a pickup truck,

659
00:43:53.599 --> 00:43:57.000
<v Speaker 1>muttering over and over, She's never going to forgive me.

660
00:43:57.840 --> 00:44:00.639
<v Speaker 1>It later emerged that in the days after Kel's death,

661
00:44:00.880 --> 00:44:04.559
<v Speaker 1>Porter had threatened to take his own life. When the

662
00:44:04.599 --> 00:44:08.719
<v Speaker 1>defense rested, the trial drew to a close. The jury

663
00:44:08.760 --> 00:44:11.960
<v Speaker 1>deliberated for just two hours and forty minutes before returning

664
00:44:12.000 --> 00:44:15.280
<v Speaker 1>to the courtroom. The public gallery filled as the verdict

665
00:44:15.320 --> 00:44:20.119
<v Speaker 1>was read read on Smith guilty of enabling child abuse.

666
00:44:21.440 --> 00:44:25.159
<v Speaker 1>The jury recommended a sentence of twenty seven years. They

667
00:44:25.199 --> 00:44:28.920
<v Speaker 1>could have given her life. Ray bowed her head and wept,

668
00:44:29.639 --> 00:44:33.960
<v Speaker 1>I don't understand. Help me. Later, adjur summed it up

669
00:44:34.000 --> 00:44:37.039
<v Speaker 1>bluntly and said it was pretty obvious she knew what

670
00:44:37.119 --> 00:44:39.639
<v Speaker 1>was going on and seemingly didn't do anything about it.

671
00:44:40.760 --> 00:44:44.639
<v Speaker 1>For Kelsey's family, it was some measure of justice. Her

672
00:44:44.639 --> 00:44:48.440
<v Speaker 1>grandmother Kathy said the verdict sends a message to other

673
00:44:48.480 --> 00:44:51.719
<v Speaker 1>abusive parents that they will be held accountable if their

674
00:44:51.800 --> 00:44:57.039
<v Speaker 1>children are injured. Ray, however, continued to insist the entire

675
00:44:57.239 --> 00:45:01.480
<v Speaker 1>case was a conspiracy, claim she never knew her daughter

676
00:45:01.559 --> 00:45:06.519
<v Speaker 1>was being abused. She said, I never ever thought Mike

677
00:45:06.519 --> 00:45:09.239
<v Speaker 1>would have hurt Kelsey if I would have thought that

678
00:45:09.400 --> 00:45:12.320
<v Speaker 1>I would have ran with her and left everything else behind.

679
00:45:13.000 --> 00:45:15.400
<v Speaker 1>Then I would have turned him in. Kelsey was my

680
00:45:15.480 --> 00:45:18.199
<v Speaker 1>best friend in the entire world, and it hurts so

681
00:45:18.320 --> 00:45:21.239
<v Speaker 1>bad for people to say the things they'd do. I

682
00:45:21.280 --> 00:45:23.400
<v Speaker 1>didn't hurt Kelsey, and I didn't sit back and let

683
00:45:23.480 --> 00:45:26.480
<v Speaker 1>it happen. If I could have seen into the future,

684
00:45:26.960 --> 00:45:30.239
<v Speaker 1>I never would have dated Mike Porter. It was a

685
00:45:30.280 --> 00:45:33.840
<v Speaker 1>statement heavy with irony. Ray had been warned again and

686
00:45:33.920 --> 00:45:37.840
<v Speaker 1>again that her daughter was being abused. She had chosen

687
00:45:37.880 --> 00:45:41.239
<v Speaker 1>to look the other way. When sentencing came in September,

688
00:45:41.400 --> 00:45:44.440
<v Speaker 1>Ray was asked if she had anything to say. She

689
00:45:44.440 --> 00:45:48.559
<v Speaker 1>didn't ask for mercy, she didn't claim innocence. Instead, she

690
00:45:48.639 --> 00:45:53.519
<v Speaker 1>turned to Kathy and said, Kathy, I forgive you. Cathy's

691
00:45:53.559 --> 00:45:59.519
<v Speaker 1>response was swift and cutting. She's demented for years. Kathy

692
00:45:59.559 --> 00:46:02.840
<v Speaker 1>had been the driving force behind bringing Read to justice,

693
00:46:03.440 --> 00:46:06.360
<v Speaker 1>making sure she was charged for her role in Kelsey's death.

694
00:46:07.599 --> 00:46:11.119
<v Speaker 1>Lance True said that Ray's words showed no remorse, not

695
00:46:11.239 --> 00:46:13.199
<v Speaker 1>for what she had done and not for what she

696
00:46:13.239 --> 00:46:17.519
<v Speaker 1>had failed to do protect her child. The wrongful death

697
00:46:17.559 --> 00:46:21.760
<v Speaker 1>lawsuit against Kelsey's doctors was dismissed for having no legal

698
00:46:21.800 --> 00:46:26.880
<v Speaker 1>cost of action, but the suit against the state remained. Eventually,

699
00:46:27.039 --> 00:46:30.360
<v Speaker 1>the family reached a settlement five hundred and twenty five

700
00:46:30.400 --> 00:46:33.840
<v Speaker 1>thousand dollars from the state plus another one hundred thousand

701
00:46:33.920 --> 00:46:38.519
<v Speaker 1>dollars from a private agency. From her prison cell, re

702
00:46:38.639 --> 00:46:43.000
<v Speaker 1>demanded half, the judge denied her. In the end, all

703
00:46:43.039 --> 00:46:45.519
<v Speaker 1>she was left with was the same thing she had

704
00:46:45.559 --> 00:47:15.320
<v Speaker 1>on the day Kelsey died empty hands. Well, that is

705
00:47:15.360 --> 00:47:18.199
<v Speaker 1>it for this episode of Morbidology. As always, thank you

706
00:47:18.239 --> 00:47:20.119
<v Speaker 1>so much for listening, and I'd like to say a

707
00:47:20.159 --> 00:47:25.039
<v Speaker 1>massive thank you to my new supporters up on Patreon, Victoria, Diana, Kathy,

708
00:47:25.199 --> 00:47:30.000
<v Speaker 1>Sonya and Leah. In addition to Patreon, Morbidology is now

709
00:47:30.199 --> 00:47:33.719
<v Speaker 1>up on Apple Subscriptions, where you can get ad free

710
00:47:33.960 --> 00:47:39.599
<v Speaker 1>early release and bonus episodes of Morbidology. Plus the support

711
00:47:39.679 --> 00:47:42.840
<v Speaker 1>upon Patreon and Apple subscriptions here see go such a

712
00:47:42.880 --> 00:47:46.280
<v Speaker 1>long way and helps to defray the costs of hosting

713
00:47:46.320 --> 00:47:50.880
<v Speaker 1>subscription services and freedom of information requests, and I am

714
00:47:50.880 --> 00:47:54.960
<v Speaker 1>eternally grateful. Remember the check is out at morbidology dot

715
00:47:55.000 --> 00:47:57.760
<v Speaker 1>com for more information about this episode and to read

716
00:47:57.840 --> 00:48:01.480
<v Speaker 1>some true crime articles. Until next time, take care of yourselves,

717
00:48:01.559 --> 00:48:03.679
<v Speaker 1>stay safe, and have an amazing week,
