Kelsey Smith-Briggs' death lawsuit brings $625K deal

[yhiannah]

Federal judge will decide later how the state settlement money will be divided
Buzz up!BY NOLAN CLAY
Published: June 30, 2009

SOURCE: http://www.newsok.com/kelsey-smith-brig ... le/3381788

The state of Oklahoma paid $525,000 Monday to settle a wrongful-death lawsuit over the murder of Kelsey Smith-Briggs, and a private agency paid $100,000.

A federal judge Monday approved the $625,000 settlement but will decide later how to split the money.

The girl’s father filed the lawsuit and represents her estate, but her mother, who is in prison for enabling Kelsey’s abuse, wants half.

Kelsey, 2, died from abuse on Oct. 11, 2005, at her home near Meeker.

The slaying became a high-publicity case that exposed serious flaws in how the Department of Human Services protects abused children. An oversight agency found DHS made a series of mistakes in the abused child’s case, such as failing to contact police when she broke both legs. The case led to reforms.

Girl’s killer still is unknown
Who killed the girl remains a mystery. Her stepfather, Michael Lee Porter, 29, was charged with first-degree murder and child sexual abuse but pleaded guilty instead to enabling child abuse. He is serving a 30-year prison sentence. He blamed the girl’s mother for her death.
The mother, Raye Dawn Smith, 29, was never charged with murder. She was convicted at trial of enabling child abuse and is serving a 27-year prison sentence. "Kelsey was my best friend in the entire world and it hurts so bad for people to say the things they do. ... I didn’t hurt Kelsey and ... I didn’t sit back and let it happen,” she said after her trial.

Kelsey died even though DHS workers, a private child-welfare worker and a judge were overseeing her care because of evidence she had been repeatedly abused. Her death came four months after the judge returned Kelsey to her mother despite accusations the mother was the abuser.

Trial revealed concerns
Kelsey’s father, Lance Briggs of Shawnee, was returning to Oklahoma from military duty when she died.
He sued DHS, its director and others in 2006, alleging Kelsey died because of "systemwide failures” at DHS.

The state and the private agency, Eastern Oklahoma Youth Services, continue to deny wrongdoing despite paying the settlement, records show. Eastern Oklahoma Youth Services was under contract with DHS and a worker there had repeatedly checked on Kelsey. The worker, Jean Bonner, last visited Kelsey and her mother hours before Kelsey’s death.

At the mother’s trial, Bonner testified she had concerns about some of the problems she found during home visits but never enough to call police.

Asked by a prosecutor if she might have missed something during these visits, given that Kelsey died, Bonner said, "I don’t know.”

Lance Briggs’ attorneys will get 40 percent of the settlement plus $29,902 for expenses.

About $345,100 will remain. Judge Timothy DeGuisti said he will rule at another hearing whether the mother will get anything.

Lance Briggs’ attorneys, Joe E. White Jr. and Derek Burch, told The Oklahoman on Monday the mother should not get even "one red cent.”

[admin]

I think if RDS gets any money, she ought to be forced to give it to organizations dedicated to the prevention and awareness of child abuse.

[reginad]

I don't think RDS should get any money. She was convicted of enabling the abuse that lead to Kelsey's death so it would be wrong for her to benefit from Kelsey's death. I agree, if she were to get anything, she should have to donate it.

[Lorielle.48]

I do not believe Raye Dawn Smith is entitled to one cent of that money! First of all, there would be no lawsuit and no settlement if she had not enabled the abuse of Kelsey. Second, If Raye Dawn recieved 1/2 of the settlement, her half would most likely be used to pay for legal fees. Why should she be allowed to use money that came from Kelsey's death to appeal her conviction for the role she played in that death? I do not believe anyone should profit from their crime(s) and they certainly should not be able to profit while he/she is still in prison for that crime!

[Lorielle.48]

UPDATE: A federal judge will decide how the settlement money will be divded. The hearing has been set for January 8, 2010.

A parent convicted of first-degree murder, second-degree murder or first-degree manslaughter is barred from any interest in a victim’s estate under state law.

Raye Dawn Smith was convicted of enabling child abuse.

She does NOT deserve a single cent of the settlement money and if she recieves even 1 penny, then she will have made money from enabling the abuse and eventual death of her own child. That is a VERY disturbing thought! In my opinion, DHS would have actually had a CHANCE to protect Kelsey is Raye Dawn had not lied about how, where and when Kelsey got her numerous injuries.

We have a SERIOUS problem in Oklahoma that needs to be brought to the attention of our lawmakers! NO ONE should EVER be entilted to PROFIT from a CRIME that they have been CONVICTED of not just a murder! If you are as upset by this as I am, I encourage you to contact the local and national media along with your local state legislators or all the state legislators if you want.

Not sure who your legislators are?
Click on the link below and you can enter your address to find out who your state legislators are.

www.capitolconnect.com/oklahoma/default.aspx

[yhiannah]

I personally think that everyone who has commented on this about how RDS doesnt deserve any of the money should understand there may be additional facts. im not in anyway saying that youropinions are wrong just saying that i respectfully disagree.

[yhiannah]

With all due respect, several of us know Kelsey's paternal family personally. There will always be more than one point of view on Kelsey's case, and more than one opinion.