Court to Determine Request for New Trial for Mother Accused of Enabling Child Abuse

By Jacqueline Sit, NEWS 9

NEWKIRK, Oklahoma – An evidentiary hearing wrapped up Wednesday for Raye Dawn Smith, the Oklahoma mother found guilty of enabling child abuse.

Smith's attorneys are calling for a new trial claiming that in 2007a juror broke the rules by researching the case on the Internet. Lincoln County D.A. Richard Smothermon said evidence showed there was no jury misconduct and the defense had no comment.

The judge will now gather evidence from the hearing which will go to the Oklahoma Court of Criminal Appeals who will consider the request for a new trial.

Brandy Oldham was a juror in the child abuse trial and denied the claim of misconduct. Oldham took the stands and said she had used her dad's computer to check her e-mails during the trial but not to search the Internet. She added during lunch breaks, she visited several nursing homes for work-related matters for her new job.

Oldham's former co-worker, Todd Bowman, testified before the judge and claimed Oldham told him she looked at the Kelsey website on more than one occasion and talked about the news she watched on a daily basis.

He added she told him not to mention their conversation to anyone. Bowman said his conscience got the best of him. He claimed Oldham made comments about the defendant, Raye Dawn Smith, and said she, "looked like trash and she should fry."

Several jurors who served in the trial also testified but claimed Oldham never brought up evidence of getting information from the news or media. They also added she was active in deliberation.

Smith is currently serving 27 years in prison for enabling child abuse in the 2005 death of her daughter, Kelsey Smith Briggs.

More:

• Kelsey Briggs' Mother Receives No Settlement Money
• Kelsey Briggs' Mother Seeks Part of Settlement
• Woman Convicted of Enabling Child Abuse that Led to Death Could Get New Trial