Raye Dawn Smith was denied her constitutional right to a fair trial. She was convicted by the media before she ever stepped foot in the courtroom. For the reasons set forth above, Raye Dawn Smith moves for a new trial. The Information charging her with alternative counts of child abuse and enabling child abuse was not signed by the duly elected and qualified district attorney for Lincoln County. Mr. Smothermon also called on Patricia High, as he does in many high-profile cases, to prosecute Raye Dawn Smith. Ms. High is a special prosecutor. The State can call her what they want, but nothing can disguise the fact that she is operating a thriving private law practice and on monthly salary with the State in violation of Oklahoma law. Raye Dawn's jurors did not adhere to the oath they took as jurors or this court's admonitions. The jurors were continually exposed to news interviews with the Briggs family. Jurors were caught sleeping during trial, and one jurro was seen watching a noon broadcast of the trial on the news. This jury should have been sequestered or kep together and subject to the watchful eye of the bailiffs and in the very least voir dire should have taken longer than a half day to complete. One juror has demonstrated her obvious bias by taking no time at all in joining forces with Kathie Briggs. This juror has been interviewed numerous times, and her interviews reveal that she received evidence out of court. Finally, other evidence in this motion that spports Raye Dawn Smith obtaining a new trial ist he medical evidence. The State's witnesses manipulated the evidence to fit with a story---a story that Kathie Briggs told them. Dr. Sullivan admitted at trial that his facts came solely from Kathie Briggs adn that he did not contact anyone to substantiate those facts. This child was not grabbed by someone in anger and twist or slung around. These were bilateral oblique fractures. These are normal toddler fractures that are usually associated with falls from slides, swings, trees, etc. Kelsey was an ative, playful child at the peak age for normal toddler fractures. Raye Dawn is entitled to a second trial---a trial that conforms with those rights and privileges she is granted under the United States and Oklahoma Constitution.
Respectfully submitted, Stephen Jones
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