This is the testimony given by Raye Dawn Smith at Michael Porter's preliminary hearing on August 23, 2006. She's questioned by District Attorney Richard Smothermon
Q - You had a child by the name of Kelsey; correct?
A - Correct.
Q - What was her date of birth?
A - 12/28/02
Q - When did you marry Mike Porter?
A - April 18, 2005.
Q - I want to draw your attention, ma'am, if I could to October 11, 2005. Do you recall that date?
A - Yes, I do.
Q - Do you recall the afternoon hours of that date, approximately noon on?
A - Yes, I do.
Q - Could you tell this court approximately from noon on what happened in your day? Where were you?
A - Patti Bonner, the CHBS worker, showed up about noon.
Q - Where were you physically?
A - We were at the house.
Q - Is that within the confines of Lincoln County?
A - Yes, it is. And Patti Bonner showed up for our normal visitation. She came every week, once a week.
Q - Could you tell the court who Patti Bonner is and what she's doing?
A - She is a CHBS worker. And she just comes in and checks on Kelsey and the house and everything once a week.
Q - And at this point in time, there was active involvement in yours and Kelsey's life with the Department of Human Services; correct?
A - Yes.
Q - Was Patti Bonner a part of that?
A - Yes, she was.
Q - Approximately what time did she get there?
A - She got there about 12:00.
Q - How long did she stay?
A - She stayed for about an hour. To be exact, an hour and 16 minutes.
Q - How do you know that to be exact?
A - When she was leaving, I happened to look at the house phone and it was 1:16 when me and Kelsey were walking her out.
Q - What did you and Kelsey do after Patti Bonner left the residence?
A - She began to play with a turtle that we had seen outside.
Q - When you say "she," you mean Kelsey?
A - Uh-huh. And we put it up on the white deck and she played with it. I told her to try and feed it, and she didn't want to feed it because she said there was a - she thought there was a snake in there. So I tried to explain to her that it was just a turtle. And so I left her and let her - I left her on the deck and left the door open. I went in there to get us something to drink, came back out there and she had gotten some leaves off of the bushes and she was throwing them at him. And then I went back into the kitchen and he came back in there. And I said, "What's the matter?" And she said, "Mommy, I had an accident."
Q - What did you do?
A - I just took her black sweats off of her and took her panties off of her and put them in the dirty clothes and then I asked her what she wanted to eat.
Q - What was she wearing after you took her sweats and her underwear off? What was Kelsey wearing?
A - She was wearing a black biker-run T-shirt.
Q - Anything else?
A - No.
Q - Did you ever put another diaper onto her?
A - No.
Q - What was she wearing at that time? Diaper? Underwear? What was she wearing?
A - She wore Pull-Ups and panties.
Q - Approximately what time in the afternoon was this, if you recall?
A - It was probably about - in between 1:30 and 2:00.
Q - What did you-all do next?
A - We looked for her something to eat because I told her she had to eat. And she told me she didn't want to eat. I said, "You have to eat something." And she told me, "No." So I told her she had to go to time out. I said, "Because you have to eat." So she went to time out to her room; I went to the bathroom. And I came back and I could hear little footsteps coming down the stairs and she told me - she said, "Mommy, I want some berries."
Q - What did you take that to mean?
A - I said, "Berries?" I said, "You mean raisins?" And she said, "Uh-huh."
Q - Okay.
A - And then she came down the stairs most of the way and then she stopped and then leaned towards me and I caught her and then we both laughed. And then I went in there and got her the little box of raisins.
Q - Okay.
A - And then I told her, I said, "Mommy is tired." I said, "I'm going to go lay down." And she said, "I lay by you." And I said, "Yeah."
Q - Do you know approximately what time this was?
A - It was close to two o'clock because when we got in there to lay down, Montel Williams' show was already on.
Q - What time does that come on?
A - Two o'clock.
Q - On what station?
A - Forty-three.
Q - Where was Mike Porter during this day?
A - He was at work.
Q - Do you remember what time he had left for work that day?
A - I believe it was about 7:30 or so.
Q - Had you had any contact with Mike Porter throughout this day up until two o'clock?
A - Yes, I had.
Q - And describe for the court what that contact was.
A - When I went to go wake Kelsey up that morning, I went upstairs and she was still asleep in her bed. And I noticed a towel was under her head.
Q - Okay.
A - And so I went down - back downstairs and called Mike Porter. And I said, "Did you put a towel under Kelsey's head?" And he said, "No." And I said, "Well, she must have put it there."
Q - Was there any other contact or discussion between you and the defendant that day?
A - Yes. Before me and Kelsey went to sleep, I had called him and told him that we were laying down to take a nap.
Q - Any other discussions about the day with him at that time?
A - No.
Q - After you laid down about two o'clock, what do you next remember?
A - We laid down and she was taking the raisins out of the box and was eating them and she would close it after she got out each time. And we had a discussion about - I told her, I said, "Kelsey," I said, "close that box." And she said, "Mommy, I have to get some." And I said, "Well, get some." And we laid there for a minute and then she said, "Mommy, I love you so much." And I said, "I love you, too, Kelsey."
Q - What happened next?
A - She went to sleep.
Q - When she went to sleep, can you recall how she was laying on the bed? Well, first of all, let me backtrack. What room were you in?
A - We were in my bedroom.
Q - And is that located - the house east of Meeker on Highway 62; correct?
A - Correct.
Q - And it's set back on a hill?
A - (The witness nodded her head)
Q - Is it a two-story or one-story?
A - It was a two-story.
Q - And the master bedroom, where is that located?
A - It's located downstairs.
Q - Okay. And is that the bedroom that you went to sleep in?
A - Yes.
Q - That you went to lay down in?
A - Yes.
Q - When Kelsey went to sleep, what was she wearing?
A - She was wearing her black biker T-shirt that went to her knees.
Q - Anything else?
A - No.
Q - Is there a reason you didn't put another diaper or other pants or panties on her?
A - No. Just after I took her pants and her panties off, wejust started looking for something to snack on and then just went to lay down.
Q - When she went to sleep, how was she laying?
A - On her back.
Q - What happened next that you can recall?
A - I remember - I don't reemmber if Mike Porter woke me up or if I just woke up, and he was standing at the edge of the bed.
Q - So is it fair to say, then, that you also napped?
A - Yes.
Q - So when you say "Mike Porter," you mean the defendant?
A - Yes, sir.
Q - What happened when he arrived at the house?
A - Then when I woke up, he was standing at the edge of the bed. And I said, "I'm not going to" - I said, "I'm not going to take her."
Q - What did you mean by "I'm not going to take her," and who did you mean?
A - I mean Kelsey, because she had just fallen asleep.
Q - When you say "I'm not going to take her," where were you going?
A - I was going to pick up Whitney at school in another town.
Q - And your decision to pick her up, whose decision was that on this day?
A - It was his. He had told me earlier at some point.
Q - Do you recall when he had told you?
A - No. It was either that morning or the night before that we had discussed it.
Q - Where was Whitney in school? How far or how long would it take you or anyone to get from your house to the school?
A - About 20, 25 minutes.
Q - And you had to pick her up and drive her, or someone from the familyhad to pick her up and drive her every morning; correct?
A - Correct.
Q - And pick her up after school?
A - Correct.
Q - Was that normally done by your or normally done by Mike Porter?
A - It was done by both of us.
Q - Was there any set schedule to it or just random?
A - No. Just random.
Q - So this was not the first time you had gone to pick Whitney up from school?
A - Correct.
Q - So you made the decision at that time not to take Kelsey with you; correct?
A - Correct.
Q - What happened then?
A - So then I slip out of bed and I stand there and watch her for a second.
Q - Why?
A - Because usually when I would get up, she would wake up most of the time.
Q - And had she woken up at this point, what would you uave done with her?
A - I would have taken her with me.
Q - Why?
A - Because I would - if she was awake, I would always take her with me.
Q - But at this point, she was not awake?
A - Right.
Q - Was she sleeping?
A - Yes.
Q - Was she breathing?
A - Yes.
Q - Everything appeared normal to you about her?
A - Yes.
Q - What happened next?
A - Then I told Mike Porter I wanted to show him the turtle that Kelsey was playing with. He follows me outside. And I look around for a second for it and I didn't find it. So I get in the truck and I leave. And then as I'm backing up, I stop, I roll down the window and I said, "Take care of my baby."
Q - What happened next? What did you do?
A - Then he nodded his head and rolled his eyes.
Q - Okay.
A - And then I leave and then I go pick Whitney up.
Q - Okay.
A - I come back.
Q - Do you recall what time you came back to the house approximately?
A - It was probably - it had to have been about 3:30 or 3:40.
Q - From your time you left the house, was there any other person present at the house when you left other than Kelsey and the defendant?
A - No.
Q - When you arrived back at the house, what did you see?
A - I see the First Responder and the ambulance.
Q - What did you do?
A - All I remember was I turned in the driveway. And then the next thing I remember, I jump out of the truck and I see them hand Kelsey from one person to the other.
Q - When you say "from one person to the other," do you recall who these people were that -
A - It was the ambulance and First Responders. I'm not sure who handed her to who.
Q - Fair enough. What did you do?
A - I started screaming and asking what was wrong with my baby. And I was trying to get into the ambulance and they wouldn't let me in.
Q - What happened next?
A - And I kept screaming and telling them if she just hears my voice, she'll be okay.
Q - At this point, Raye Dawn, had you had any - did you have any indication what had happened?
A - No.
Q - What happened next?
A - Then I wait andthey're working on her. And I keep asking my mom, "Mom, what happened? What happened?" And all she said was - she just kept shaking her head. And then she said, "I guess she had a seizure."
Q - But at this point, had any medical personnel apprised you of what was going on?
A - No.
Q - What happened next?
A - Then we stayed there for a while and I also yelled and screamed that they need to get an ambulance - a helicopter in there. I said, "She needs to get taken to Children's." And then they said they had to get her to the nearest hospital as soon as possible.
Q - And did they do that?
A - Yes.
Q - And where did they take her?
A - They took her to Prauge Hospital.
Q - Now, when they transported her, where did you go?
A - I rode in the passenger seat of the ambulance.
Q - The ambulance that Kelsey was in?
A - Yes.
Q - Had you - from the time you got back to the house to the time you got into the ambulance, did you ever have any discussions with Mike Porter about what had happened or what was happening with Kelsey?
A - No.
Q - What happened when you got to the hospital?
A - They take Kelsey from the ambulance into the hospital, and we all stand outside and we wait. And then the next thing that I really remember is I heard a thud and I look over and Mike Porter is laying on the ground.
Q - Is this outside in the parking lot?
A - Yes.
Q - Were you ever apprised by any medical personnel abou Kelsey?
A - They -
Paul Sutton: Objection. Heresay.
The Court: If you'll wait, ma'am. Your objection is heresay. Mr. Smothermon?
Richard Smothermon: Not offered for the truth of the matter; offered to tell about what her reactions to it were.
The Court: It will be received for that purpose. You may answer the question.
A - Can you repeat the question?
Q - Were you ever told by medical personnel at that time what was going on with Kelsey or what was wrong?
A - They had just - one woman came out and told me that they were still working on her, but it wasn't looking good.
Q - Were you later apprised at any point that she had not lived?
A - They told me late. I believe it was in one of the hallways.
Q - What did they say?
A - I believe she said, "I'm sorry, but there's nothing we can do."
Q - Did you have an opportunity at the hospital, Raye Dawn, to discuss with Mike Porter what had happened?
A - I didn't.
Q - When, if ever, did you ever have an opportunity to talk to the defendant about what had happened from the time you left the house to pick Whitney up until the hospital?
A - Did you say when did I have the chance?
Q - Yes, ma'am.
A - The only chance I really had was whenever we left the hospital and went back to the house.
Q - When you left the hospital and went back, who did you ride with?
A - I rode with Mike Porter.
Q - What was the tenor of that discussion? What was discussed in the car?
A - I asked him - I said, "When did she get a Pull-Up on?"
Q - When did you notice - or did you notice that she - she being Kelsey - had a Pull-Up on?
A - I noticed whenever I got out of the pickup that as they were handing her from one person to the other that she had one on.
Q - So you asked the defendant when she got a Pull-Up on?
A - Yes.
Q - What was his response?
A - He said, "I put it on her when I was waiting on the ambulance."
Q - Did you ask him why he did that?
A - Yes.
Q - What was his response?
A - He said that that's all he needed was for all them people to be coming up there and her not have any pants on. And I said, "I would have told them."
Q - Did he ever give you any explination during that ride, or subsequently after that, for what had happened to Kelsey?
A - No. He just said that she had a seizure.
Q - What did he tell you happened after you left the house?
A - I'm sorry? Say that again.
Q - Did Mike Porter ever tell you what he said had happened after you left the house to go pick Whitney up?
A - He just said that she - he walked in and she was having a seizure.
Q - Did he expound on that or give you much detail on that or is that all he told you?
A - No. That was pretty much all he told me.
Q - You now know subsequently that Kelsey's had an autopsy to determine cause of death; correct?
A - Yes, sir.
Q - When were you first made aware that that was a possibility, that the autopsy was a possibility?
A - I learned that night at the hospital.
Q - Did you have any discussions or were you asked to permit the autopsy to be done?
A - I believe so.
Q - Do you recall signing some paperwork to permit it?
A - Yes.
Q - And you're the one that signed that; correct?
A - Yes.
Q - Did you want an autopsy done, ma'am?
A - Yes.
Q - For what reason?
A - I wanted to know what was wrong with her.
Q - Did you ever have any discussions at the hospital with the defendant in regards to whether or not an autopsy should be done?
A - Yes. At some point - I don't remember if it was before I had held her for the hour and a half or if it was after, but...
Q - Can I stop you there for just a second?
A - Yes.
Q - When you say you held her, when was that?
A - After she had died.
Q - Did the hospital allow you to hold her for a while?
A - Yeah.
Q - I'm sorry. Go on. What was the discussion between you and the defendant?
A - He asked me, he said, "They're not going to cut her open, are they?" And I said, "I have to know what was wrong with her."
Q - Okay, Raye Dawn, from the time you left - when you left the house to go pick Whitney up, was Kelsey alive?
A - Yes, she was.
Q - Was Kelsey breathing?
A - Yes, she was.
Q - Was there anything unusual about her that you noticed about her condition?
A - No.
Q - When you left the house that day to go pick Whitney up, to your knowledge, had anyone abused her, hurt her, sexually abused her, or anything?
A - No.
Q - At what point did Mike Porter become actively involved in yours and your children's life? Do you recall?
A - It was pretty soon.
Q - Can you give us an estimate of when?
A - It was before January.
Q - Priaor to Mike Porter being involved in your life, had there ever been any DHS involvement or any injuries to Kelsey that you can recall?
A - No.
Q - And subsequently, there were several injuries and much DHS involvement; correct?
A - Correct.
Q - Including a broken clavicle, bruising and some broken legs; correct?
A - Yes.
Q - Did all of that happen after Mike Porter was involved in your life?
A -Yes, sir.
Q - And that would have been approximately January of 2005?
A - Yes, sir.
Richard Smothermon: Nothing further, Judge.
Let me ask you this. The same stepdaughter Raye went to fetch from school the day Kelsey died related to police an incident of harsh treatment by Mike of Kelsey. She said she heard Kelsey getting a horrible spanking that left her bottom very red and made her vomit from the distress. Tell me how Raye didn't hear her baby screaming and the slapping from that brutal spanking? How did she not notice how red and probably bruised Kelsey's bottom was when Kelsey still wore diapers that needed changing? Just that would make a concerned mother leery of ever leaving her man alone with her toddler again regardless of what excuses he gave, because obviously he doesn't know the difference between discipline and child abuse! The diaper area of a little girl is very important and any injury sustained there is a major red flag.
ReplyDeleteRaye said when Mike came home from work as he was standing by the bed she said " I'm taking her" referring to sweet Kelsea I'm wondering what made her change her mind? did he insist on the baby staying? What changed? I also wonder how she didn't notice her butt red if she was still using pull-ups?? their are so many unanswered questions. When I was reading Michael's interrogation he never admits to putting the pull-up he says he hears baby Kelsea make grunting noises, panics, puts her on the kitchen island, calls Gayla, Gayla tells him to call 911, He then does CPR. Everyone gets there and paramedics try to revive her. There are so many holes in his story?? If things had happened his way he wouldn't had time to think Hmmm I better put a diaper so people don't think stuff!! He was clearly trying to cover up the trauma he caused to her private area. It makes my stomach turn just thinking how much she suffered the last hour of her little life. The Medical Examiner said the blow to her abdomen would have put her in a fetal position then coded soon after. Sweet Kelsea knows the truth.......
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