Double Jeoprady

"The Double Jeopardy Clause in the Fifth Amendment to the US Constitution prohibits anyone from being prosecuted twice for substanially the same crime. See, e.g. United States v. Ursery, 518 US 267 (1996)."  "Thus a person cannot be guilty of both murder and manslaughter for the same homicide, nor can a person be retried for the same crime after the case has been resolved. A person can, however, be convicted of both murder and robbery if the murder arose from the robbery."

Michael Porter cannot be recharged with murder.  He was previously charged and that case has been resolved with Porter plea bargaining to  "enabling child abuse" of which he was not charged with but accepted in a plea to the murder charge.

Raye Dawn Smith however has never been charged with murder,  and therefore CAN be charged with murder at any time.  Even if RD didn't deliver the fatal blow to  Kelsey, under the law she can still be charged with first degree murder.

"A person commits murder in the first degree when the death of a child results from the willful or malicious injuring, torturing, maiming or using of unreasonable force by said person or who shall willfully cause, procure or permit any of said acts to be done upon the child pursuant to Section 7115 of Title 10 of the Oklahoma Statutes. It is sufficient for the crime of murder in the first degree that the person either willfully tortured or used unreasonable force upon the child or maliciously injured or maimed the child."

A woman in the past couple years here in Oklahoma was convicted of First Degree Murder in the death of her child by the hands of her b/f.  She permitted the acts to be done upon her child by leaving her child with the b/f after her child had been previously injured in the care of the b/f.  I'll see if I can find that article again.  If I remember right the woman wasn't home at the time of the child's death.