Link to pdf document on Judges ruling

http://www.okcfox.com/newsroom/features/brittens_blog/CC093A93d01.pdf     Here is the link from Brittens Blog on Fox 25 to the pdf court document with the Judge's ruling. 

Some VERY important points to be pointed out are...


 B. Ms. Smith


For reasons that are not particularly relevant to the issues before the Court, during her


pregnancy Ms. Smith was not forthcoming about the possibility that Mr. Briggs could be Kelsey’s


father, and after Kelsey’s birth she was reluctant to allow Mr. Briggs to spend time with Kelsey.
 
 
4 During the hearing Ms. Smith presented the testimony of Dr. Robert Bux, M.D., a forensic


pathologist, on the issue of whether Kelsey experienced conscious pain and suffering from the blunt force

trauma before succumbing to her injuries. If such pain and suffering is established, Okla. Stat. tit. 12,

§ 1053(B) allows for an apportionment of damages to the estate of the minor child, to be distributed according

to the rules of intestate succession. However, Dr. Bux’s testimony was inconclusive on this issue, in that he


could not state with certainty whether death occurred within minutes or hours after the blunt force trauma was


inflicted. He testified that Kelsey would have been “immediately symptomatic” after the blow until the time

she “passed out,” but he could not say when unconsciousness would have occurred and whether or not it


would have been immediate.
 
 
3. The Impact of Kelsey’s Death and Destruction of the Parent-Child Relationship


A. Mr. Briggs

Testimony established that Kelsey’s death has had a profound and lasting impact on


Mr. Briggs and his quality of life. He was described by family members who testified as being a

“lost” and “broken” man since Kelsey’s death. He has experienced extreme grief and severe

depression, and has sought mental health counseling. He no longer enjoys life events, such as

holidays with his family, and at times has difficulty interacting with his family members. Clearly,

Mr. Briggs’ grief has been, and continues to be, substantial.
 
 
 
B. Ms. Smith



Ms. Smith testified emotionally about not being allowed in the ambulance when Kelsey was


taken to the hospital, and how she felt upon learning of Kelsey’s death. She stated that she thinks


about Kelsey every day, and talks about her constantly as a way to stay in touch with the memory


of Kelsey. Ms. Smith testified that she prays for “God to take me” so she can be with Kelsey.


Although Ms. Smith has been affected emotionally by Kelsey’s death, the Court did not find her


testimony on these issues to be entirely credible. However, even accepting Ms. Smith’s testimony


regarding the depth of her grief, for reasons set forth below, she cannot be allowed to share in the


Net Proceeds from claims relating to the death of Kelsey.
 
 
This statute implements a common law doctrine and the equitable principle that a person may not
 
benefit from his own wrongful conduct.
 
 
 
courts may continue to apply the



common law rule where a beneficiary has played a part in causing the death, even though the


beneficiary has not been convicted of murder or manslaughter.
 
Under the doctrine, it is the beneficiary’s felonious act causing the decedent’s loss of life, rather
 
than a conviction of the killing, that warrants a disqualification from recovery.
 
Further, it is an age-old maxim of



equity that one who seeks equity must come to court with clean hands.
 
 
 
The evidence reasonably established that Kelsey’s death has had a greater emotional impact on Mr. Briggs.
 
The evidence at the hearing established an alarming pattern of injuries to Kelsey while she


was in the care and custody of Ms. Smith. Ms. Smith herself acknowledged as much during crossexamination.

It cannot be reasonably argued that these injuries were not the result of repeated abuse
 
 
 
Moreover, the severe trauma inflicted on October 11, 2005, again while she was in the care and



custody of Ms. Smith, resulted in Kelsey’s death. It may never be known with certainty whether the fatal injuries were inflicted by Ms. Smith or Mr. Porter


The evidence clearly established that Ms. Smith was aware Kelsey was being harmed, and at the very least, she culpably failed to protect Kelsey from further harm.
 Equity dictates that one ought not benefit from her own wrong.


8 Clearly, as between the parents, Ms. Smith alone stood in a position to intervene to protect Kelsey



from harm and death, but she failed to do so and thereby contributed to (if she did not inflict) Kelsey’s fatal injuries. Mr. Briggs, who is blameless in the matter of Kelsey’s death, has been devastated by his feelings

of loss and grief. Ms. Smith’s feelings, while perhaps no less real to her now, were entirely avoidable had


she properly tended to the parent-child relationship during the time period immediately preceding Kelsey’s


death.

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All I can say is WOW!!  VERY powerful statements in this Judge's ruling!!  So according to this court, unlike what another blogger has posted as fact...Raye Dawn is still suspect in Kelsey's murder!!   It was also PROVEN she wasn't truthful about being pregnant before her divorce from Lance and she DID try to keep Kelsey from Lance. 
 
Another blogger posted that Raye Dawn's own forensic pathologist PROVED that Raye Dawn couldn't have killed Kelsey....the findings of this court PROVES that her own witness could not "state with certainty" within minutes or hours after the fatal blow. So that blogger LIED yet again, because that IS NOT what RD's witness stated.
 
On the issue of how Kelsey's death has affected Lance and Raye Dawn, while the Judge states as fact that the court did NOT find RD's testimony "entirely credible", the Judge states it was proven that Kelsey's death has had a "profound and lasting impact" on Lance and his quality of life....he has extreme grief over the loss of his child and it continues to be "substantial". 
 
And although another blogger and many RD supporters have repeatedly denied that Kelsey had been being abused for some time this court states as fact, "It cannot be reasonably argued that these injuries were not the result of repeated abuse"
 
And yet again, this court states as FACT.."It may never be known with certainty whether the fatal injuries were inflicted by Ms. Smith or Mr. Porter" so YES, RD IS considered a suspect in the murder of her own daughter, Kelsey Briggs. 
 
This court also states as fact that RD DID know Kelsey was being abused and "at the very least" she failed to protect her child.
 
This court also states as fact that RD alone was in a position to intervene and protect Kelsey from harm/death, failed to do so, thereby "contributed to (IF SHE DID NOT INFLICT) the fatal injuries"   CANNOT GET MUCH PLAINER THAN THAT!!
 
This court also states as FACT that Lance is "BLAMELESS" in Kelsey's death.
 
 
Another blogger who proudly boasts that they "are biased", states they were in court and what they "witnessed" was not what the Judge "witnessed".   Maybe that blogger should now step back and look and see that their "bias" may be clouding their perception of the REAL TRUTH and FACTS in this case!!
 
This was a great day for the state of Oklahoma and especially the children.  As Lance's attorney stated on Fox25...they set precedent that someone cannot benefit from her own bad conduct.  The reporter also noted that they contacted Raye's family but they refused to comment.
 
I will say IN MY OPINION, apparently Raye Dawn's own testimony, like her mother's in her criminal trial, hurt her....maybe they knew what they were doing when she didn't testify at her criminal trial.  They say if she gets a new trial, she will tell her side....in my opinion that would be wonderful!  Her testimony on many things has been documented in this trial.  She can't change her testimony now, not with that documentation...Personally, I think it would be great for her to testify in her own criminal trial....If it weren't for the Briggs family having to sit through all the painful testimony and evidence once again in another lengthly trial, I would be fighting too to get her a new trial!!
 
The Briggs family has prayed and prayed, along with many others that the right thing would be done in this and those prayers were answered by the Judge's ruling in this case.  Prayer is a powerful thing.  When you stand for the truth, it does make a difference.  Seeing how this Judge ruled today, and the things proven in that court, just reinforces my opinion that Raye Dawn will NOT get a new trial.  And IF she did, in my opinion, she would be convicted once again and most likely with a greater sentence....life.
 
This ruling although right and fair, did not make it a "happy" day for the Briggs family.  The reason behind this whole process weighs heavily upon their hearts and minds.  They would MUCH rather have Kelsey than any amount of money. 
 
Little Kelsey, rest in peace sweet little one...full justice is coming through the courts....