Toddler's Death Results in New Oklahoma Law
by Darlene Barriere
UPDATED from July 2007 issue of Barriere Bits E-zine
The death of a toddler from Meeker, Oklahoma in October 2005 prompted state senators to pass House Bill 2840, the Kelsey Smith-Briggs Child Protection Reform Act, named in memorial of the two-year-old victim of child abuse.
As for the legalities of this case . . . In January 2007, Kelsey's stepfather, Michael Lee Porter, 27, was charged with first degree murder and sexual abuse of Kelsey. At the time, Raye Dawn Porter, who was scheduled to testify against her husband, was under investigation for Kelsey’s death. Prosecutors had had Kelsey's body exhumed for a second autopsy by a private Indiana doctor, who concluded that Kelsey's injuries were caused by sexual assault. However, a forensic pathologist could not determine if the child's fatal injuries were as a result of sexual assault or from a low blow. Based on the findings of the first autopsy, the official cause of death was ruled blunt force trauma to the abdomen. In a plea bargain agreement, Michael Porter pleaded no contest to enabling child abuse by injury. He is currently serving a 30-year sentence for failing to protect the child. In the months that followed the plea bargain with Porter, Raye Dawn Porter, 27, was also charged. Depending on the report you read, charges against her range from felony child neglect and enabling child abuse to felony child abuse. At the time of this writing, I was unable to confirm the actual charges against Raye Dawn Porter aka, Raye Dawn Smith. Michael Porter testified last week against his now ex-wife, claiming he witnessed her abuse the child on several occasions, citing three separate incidents, including once when she allegedly punched Kelsey in the stomach. My Comments: Clearly, this is a situation of "he-said/she-said". But regardless of who did it, two-year-old Kelsey is dead and the people who were supposed to protect her and keep her safe failed miserably, including child advocates and social services. Since her untimely death, the Oklahoma Senate corrected the flaws in their system by passing Kelsey’s Law. The passing of this law means other children in Oklahoma will not have to suffer the way Kelsey did. Oklahoma has put in measures to ensure that their most vulnerable citizens are protected. It’s time for ALL states to implement this law. In fact, I’d like to see this law implemented in Canada, as well as in other countries. UPDATE: Raye Dawn Smith (aka Raye Dawn Porter) was found guilty of enabling child abuse and was sentenced to 27 years in prison. There was public outcry on both sides of the fence. Some felt strongly that 27 years wasn't enough and expressed a desire to have Raye Dawn "spayed." Others felt the judge ruled erroneously, citing Raye Dawn was a victim of the legal system, while others felt the ruling was too harsh given that she did not abuse the child herself. What are your thoughts? Use the comments form below to convey your opinion on this tragic case of child abuse causing death.
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