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From : shonyakay
Added: Jul 2, 2009
Settlement to the Kelsey Briggs wrongful death case ED DONEY REPORTING July 1, 2009 MEEKER, OK -- It's hard to believe it's been nearly four years since the death of Kelsey Smith-Briggs. Her father says it's hard to believe Kelsey's mother might be rewarded in a settlement. The two-year-old girl was murdered at her home near Meeker in October of 2005. Her mother and stepfather are now doing time. Raye Dawn Smith was convicted of "enabling child abuse" and was sentenced to 27 years in prison. Michael Lee Porter pleaded guilty to the same charge and is serving 30 years. Now, Kelsey's biological father has concerns over a state settlement in the case. Lance Briggs filed a wrongful death lawsuit against DHS and others because he felt the system failed to protect Kelsey. "There's no such thing as 'enough money' for a death," Briggs says. "It's made me a very sad person. I miss my baby." The state will pay $525,000 and Eastern Oklahoma Youth Service, an agency used by DHS to check on Kelsey, will pay $100,000. However, a federal judge will decide later on how to split the money. Even though Kelsey's mother is serving 27 years in prison, she wants half of the settlement. Briggs can't believe it. "Raye Dawn abused and allowed the abuse of Kelsey," Briggs says. "I don't think she deserves one red cent." Raye Dawn's attorney, Stephen Jones, tells NewsChannel 4 that, "Under Oklahoma law, when a minor child dies without a will, then the natural parents are entitled to half of the settlement. The exception was if she (Raye Dawn Smith) was convicted of murder or manslaughter and she was not. She stands on equal footing as him (Lance Briggs)." Briggs says he will fight to make sure Raye Dawn gets nothing, all the while living with a heartbreak that will never heal. "It's not easier at all," Briggs says. "It is what it is. I can't bring her back. What's hard to think about is the abuse Kelsey went through. No child should have to go through that." Briggs' attorneys will get 40 percent of that settlement. Jones says a judge will give both parties 60 days to conduct depositions. He expects the hearing on splitting the settlement to happen in September or October.
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