Raye's First Appeal - Proposition 7

Proposition 7: Hired Prosecutor Patricia High's conduct toward the defendant in closing argument was highly improper and prejudicial

In delivering the first closing argument for the State, Patricia High engaged in highly improper conduct by screaming, yelling and pointing at Raye Dawn Smith. According to observers at the trial, Ms. High was screaming so loudly that she was red in the face. In Mitchell v. State, the prosecutor in his closing argument of a re-sentencing hearing yelled and pointed at the defendant as he addressed the defendant directly. See Mitchell v. State, 2006 OK CR 20, paragraph 101, 136 P.3d 671, 710. The Oklahoma Court of Criminal Appeals held that such conduct "was highly improper and potentially prejudicial."

The presentation of Ms. High's closing argument "was calculated to inflame the passions and prejudices of Raye Dawn's jury." Yelling until one is red in the face and pointing at the defendant numerous times throughout a closing argument is the equivalent of expressing an opinion of "utter contempt and disdain." Such behavior is improper during voir dire and at any point during a trial. Such conduct violated Raye Dawn's constitutional right to due process and a fair trial. See U.S. Const. Amends. VI and XIV and OKLA. CONST. Art II, sect. 7 and 20.

Ms. High used other methods in her closing argument to attack personally Raye Dawn and to associate her with Kelsey's real murderer---the murderer that Richard Smothermon and Ms. High allowed to escape justice. Ms. High referred to Raye Dawn Smith throughout her closing argument as Raye Dawn Porter. The Information was filed in the name of Raye Dawn Smith. Michael Porter and Raye Dawn Smith's divorce was finalized on March 7, 2006---more than a year before Raye Dawn's trial. Raye Dawn was restored to her maiden name during the divorce litigation. This was simply another tactic by Ms. High calculated to inflame the passions and prejudices of the jury.