Through Kelsey
Smith-Briggs' Eyes
What Do DHS Visitation
Logs Tell Us?

Kelsey Smith-Briggs - a child, not a purpose.

By Barry Jon
Investigative Reporter

Lincoln County, OK - The story of Kelsey Smith-Briggs' death is hard no matter which version you choose to believe. Looking back on the tumultuous nine months of custody battles from January 2005 through the fateful day of October 11, 2005 we hear countless renditions of what was happening when Kelsey was with one person or another. We speculate using timelines and we reason with the aid of testimony, but only once do we get a glimpse on a level playing field. Only once do we have the opportunity to see through the eyes of an impartial third party. Only once, when all things were equal, do we have the occasion to compare apples to apples.

The month of April 2005 elevated concerns over Kelsey and threw DHS into a frenzy. The events between the 14th and the 25th are highly debated. Where was Kelsey and when were her legs injured from the time she sprained her ankle till the day she was diagnosed with two broken legs? Even the very nature of the injuries are as contentious as the timeline. The dispute over accident versus sinister is deliberate by experts to this day. DHS files and the OCCY reports show caseworkers' inability to conclusively determine either the nature of the injuries or the whereabouts of Kelsey when they occurred. Interestingly enough, although District Attorney Richard Smothermon was already involved in Kelsey's case at the time neither he nor one of his Assistant DAs conducted their own investigation.

Without a cause identified Kelsey was removed from the guardianship of her paternal grandmother (Kathie Briggs) on May 3rd and taken into DHS custody to be placed in a foster home. Kelsey was placed by DHS in the home of Gayla Smith (Kelsey's maternal grandmother) where she remained for a month and a half from May 4th until June 15th. During this time visitation for her paternal grandparents (Kathie & Royce Briggs), her mother (Raye Dawn Smith) and her step-mother at the time (Ashley Briggs/ Lytle) were scheduled at DHS offices. Kelsey's father (Lance Briggs) was out of state during this time and according to DHS visitation logs her step-father (Michael Porter) had one in-person visit with Kelsey during these six weeks.These visits were Kelsey's only in-person contact with these people while she was in foster care.

The visits took place at DHS offices in designated visitation rooms where participants could be observed through one-way glass. Observation consisted of one or two DHS aide workers at any given time. These aide workers would then write notes on what they observed throughout the visit. This is our glimpse of Kelsey's interaction with these people while on a level field. This is where we see through the eyes of a trained DHS worker unconnected to either side of the custody battle.

Kathie Briggs:
Paternal Grandmother

The first scheduled visit after Kelsey was taken into DHS custody on May 3rd was with her paternal grandmother on May 6th. According to the log the first thing Kelsey did was "yell at GM (grandma)." Keep in mind Kelsey had not seen her grandmother since she was removed from her house three days prior. During that visit Kelsey tried to bite her on two occasions, attempted to hide from her and ultimately "crawled over [to] the corner and covered up like she was going to sleep." Strange behavior for a child having been deprived of their grandparent for several days.

Kelsey's second scheduled visit was on May 9th with her mother, Raye Dawn Smith. The DHS aide remarked, "Kelsey was very excited to see her mom" and "Kelsey seems to be very comfortable with Mom." The two "read books and watched TV" and when the visit was over "Kelsey gave Mom two big hugs." Kelsey's mother was seen "crying when she left today."

What follows over the next many weeks remains consistent with few variations. When her grandparents were present Kelsey continued to "swing her arms like she was trying to hit GM," "scream" "throw all her books across the room" "cried most of the visit" "hitting her head with her hand and telling the grandparents to 'stop it'" "scratch grandpa" "continue to be mean to grandpa" "pinching and pulling at grandpa's arm" "Kelsey yells at grandpa 'No, No'" "trying to be mean to GM by pulling her hair" "keeps to herself, not wanting to interact with the grandparents" and attempted to hide from them so often it was noted as "She has been doing this at every visit." Why would a little girl pretend to "hide" when her grandmother was around so often it caused DHS to note "She has been doing this at every visit" but not once display this activity while in the presence of her mother?

Finally, on July 6th without any call or warning Kathie Briggs simply did not show for a scheduled visit where Kelsey was waiting. Instead Kelsey's step-mother, Ashley, came alone. When DHS case worker Yolanda Hunter asked where Kathie was Ashley "told worker that [Kathie] would not come to the office because DHS told in court what a bad person she was and she did not want anybody to state any more bad things about her." Not that DHS had lied or even stretched the truth, but she just didn't like "bad things" being said about her.

When we cast our eyes on Kelsey's visits with her mother, Raye Dawn, we see "excited to be with Mom today" "She went right into her arms" "hugs and kisses today" "Kelsey talked the whole visit" "Mom painted Kelsey's fingernails" "Kelsey told Mom she missed her" "she woke up when she heard Mom's voice." Just as the outbursts with her grandparents were consistent so too where these notations when Kelsey was with her mother. On one occasion, June 3rd, Kelsey was noted as "very agitated today and would not do anything GM tried to do" but when her mother showed up for her visit right after, the observer stated "Kelsey's attitude changed with mom. She was happy and very playful in this visit. Aide did not observe any outburst with mom." There was a switch turning on and off inside of Kelsey; she reacted the way she felt.

On one visit Kelsey "told her Mom that Daddy Mike hurt her head." At the time of the visit, May 18th, it had been more than 16 days since Kelsey's last contact with Michael Porter. The aide noted it and Kelsey's mother, Raye Dawn, spoke with DHS regarding Kelsey's statement. The very next day Kelsey had two scheduled visits: first with her grandparents, Kathie & Royce Briggs, and the second to follow immediately after with her mother and Michael Porter (Porter's first since Kelsey went into DHS custody). When the aide went to retrieve Kelsey from her visit with the Briggs, Kathie claimed "when Kelsey saw Mike she crawled up on her lap and said she did not want to see him." Yet, when the aide "carried Kelsey into the room she was happy to see Mom and Mike." "At no time did Kelsey show any fear of Mike." Two weeks later in a visit with Kathie they "were sitting on the couch talking about their feet when aide observed Kelsey saying Daddy Mike hurt my feet" yet Kathie "did not comment on this." Kelsey mentions Mike where the aide worker can hear her only twice (once to her mother and once to Kathie) but only the mother acknowledges it. Who exactly was and was not looking out for Kelsey?

Kelsey while with her grandmother Kathie Briggs

Never before and never after are we able to gain such insight into Kelsey's view of the people in her life. Her actions tell the tale of how it made Kelsey feel when placed in the same room but with different people. Fascinatingly, DA Richard Smothermon fought and won for the suppression of this evidence during the trial of Kelsey's mother, Raye Dawn; sadly only one of the virtually countless mishandlings of Kelsey's case. Raye Dawn allowed her daily life to be an open book to DHS. Even in testimony DHS stated that she was "completely cooperative" and that she did "everything that was asked of her." Yet, Kathie Briggs abruptly refused visits with her waiting granddaughter because "she did not want anybody to state any more bad things about her." Even if we ignore what the logs tell us about Kelsey's time with Kathie Briggs, the relationship she had with her mother from just these logs is still significant. Once again, actions speak louder than words, and Kelsey's actions spoke volumes.

The unedited visitation logs are now posted on our website and can be downloaded in PDF format (804k):

Kelsey's Visitation Logs

 

Read more about Kelsey's Case:

Emails with a Murderer

 

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