Sunday, September 5, 2010

Raye Dawn Smith's hearing

It's amazing how different people soak things up and interpret them.  I sat through the entire hearing  and heard the exact same evidence, saw the same exact things that everyone else saw and heard.  Funny how people come away from the same precedings with such different opinions of how things went.

Someone last night sent me something Sherri had posted somewhere, where she stated that the hearing went well and in their favor and how Raye would be sharing hugs with them all soon. (something to that affect)  Oddly, I came away from the same hearing convinced that Raye Dawn did not prove the juror misconduct against Brandi Oldham. If the name is misspelled, my apologies. 

Jones called only two witnesses, the first being Brandi herself.  I will give him credit, he tried very hard to discredit the girl, but didn't happen.  No matter how many times he reworded the same question and asked....she gave the same answer.  But...that's easy to do when you stick to the truth. 

I'm not quite sure how anyone at all could be expected to remember minute details from 3 years ago.  I wonder how many of my readers and the general public, can remember who they text on June 2, 2005.  Or how about July 3rd of '09?  I know I couldn't and not sure how she was expected to remember IF she sent a text on such and such and date and to who.  She did not let him make her lie by forcing her to committ that she text this person at this exact time and exactly what was said.  Her responses were appropriate and truthful.  She was on the stand approx 2 hours I think and did well.

RD's second and last witness was Todd Bowman, Brandi's former supervisor at her former job.  That testimony was great.  He was proven a liar more than once. He testified he'd never been reprimanded at his former job (before being fired), that Brandi would call him at least twice a day and give him information about the trial, or say she'd read something on Kelsey's Purpose or watched news reports or read newspapers.  The best was when Smothermon asked more than once about KP and what Brandi would tell him, to pin Todd down with his answers.  Then the bombshell.  Kathie Briggs turn to testify.  Smothermon asked her about the website and she explained it was not accessible during RD's trial.  (which IS the truth, as I was a memeber and moderator)  When you would go to KP you would get the home page and a page with the Briggs family statement saying something to the affect that they were shutting the website down until the conclusion of the trial to make sure that Raye Dawn got a fair trial.  When Smothermon asked her why they did that, she dropped the bomb...because Smothermon had asked them BEFORE the trial had even started to shut it down.  He asked if they complied with his request and she stated once again the truth which is that they had.  KP DID open back up the night of the last day of the trial, AFTER the verdict was handed down.  Smothermon also had several documents from Todds employee file, where he asked specifically once again about reprimands in Todds file. Of course Todd once again denied he'd ever been officially reprimanded but Smothermon had the paperwork to prove it was a lie and that he had, and on more than one occasion.  One of them was from a complaint that Brandi had made against him to the supervisor on some anger issues that had happened, which she did not know had been made a part of his employee file.  Smothermon also proved that the affadavit that Mr. Bowman gave to Jones, containing a bunch of accusations against Brandi was given the same exact day he was fired from his job.


Several jurors were called and asked the same questions.  Whether Brandi actively participated in the deliberations, to which they all responded yes.  Did she ever say anything to them, or bring anything up to them that made them stop and say they wondered where she got that information from because they didn't remember hearing it during the trial, to which they all responded no.  There were a few more questions and their responses proved that there was no misconduct from her.

Brandi was actually Smothermon's witness but was called first by Jones.  I'm not sure where they Raye supporters are getting that they feel it went their way, when RD's only witness, Todd Bowman, was obviously proven to not have told the truth.

Surprisingly, Raye Dawn looked really good.  Prison is apparently agreeing with her quite well.  The suit she wore in court was obviously too big and intended to make her look small and vulnerable.  Her face was expressionless and she hardly looked around at all.  Straight faced throughout the entire hearing.

Now to address some issues that have been posted around the internet.  I was sent some things that certain people had said and want to address them.  First of all, Terri apparently posted about Kathie giving an interview, like she was shocked or something.  First of all, Kathie tried to avoid giving interview and I will address that a little later.  Secondly, why would Terri say anything about that?  After Kelsey died, the Briggs family declined to give any interviews at the time.  In fact, when they went to contact Terri to tell her they weren't giving interviews, Terri had already given one.  In fact, Terri was before the camera giving interviews quite often at that time.  She should have came to the hearing, maybe she could have given another one.

Janet made a comment on the internet  "...funny how half of those people could not even look at her..ummm wonder why..."    I wonder who it is she thinks "couldn't" look at Raye Dawn?  I'm also wondering IF that were true, which it is not, how Janet would even know?  She sat on the side closest to the door and in the front row, which means that everyone else was behind her and she was not turning around scanning the court room.  I don't know of anyone that avoided looking at Raye Dawn.  Many sat where they had a direct view of the prison princess.   Again, that is not a true statement, no one avoided looking at Raye Dawn, why would they?? 

As for some of the comments by Lysa Bartlett and a couple others, let me explain something to you people.  Kathie nor did any of the Briggs put themselves in front of the camera's.  Kathie did not ask to do any interview either.  I was there.  After court when we were upstairs still talking after the meeting with Smothermon, a man in a suit came up and said that the media was "waiting for the Briggs" at the bottom of the stairs and they weren't leaving.  A comment was made and the man said if they wanted to avoid the media, he could take them out a different way and bypass the media.  That is what they chose to do.  I was going to go on out the regular way and on to my car, but Kathie said to just come with them.  The man took us downstairs a different way and the media waiting on the Briggs were avoided.  We went outside and spoke briefly and Kathie walked across the courthouse yard and made it to the edge of the parking lot.  I was crossing the street in front to my car.  I heard someone yell loudly..."KATHIE BRIGGS"!!!   And there was the media, hurrying down the sidewalk to catch up to Kathie.  Raye supporters like to badmouth Kathie and say evil things when they really don't know what they are talking about.  Kathie is NOT in the media nearly as often as she is asked to be.  I cannot even count the amount of times she has been asked to give an interview on numerous stories in the news and she declines.  But I guess those people can say what they want if it makes them feel better.  Once again the truth is the truth and cannot be twisted and changed into someone's fantasy.  No amount of wishing will change it.  Which is why Raye Dawn Smith will be serving her entire sentence in Mabel Bassett prison where she rightfully belongs.


Janet made the comment, "I have to VENT, i just watched Kathie Jo Briggs do an interview!! She states HOW SHE HATES going to court it brings back such awful memories everytime..BUT IT DAMN SURE DIDN'T BOTHER HER IN COURT GETTING HER MONEY.....UM I say"    I have to say "umm" to this....The money was not awarded to Kathie, the money was awarded AND given to Lance.  The check only contained Lance's name.


There are some other comments I will be addressing but I'm short on time today so one more and the rest another time.   Recently on a blog this was stated.  "Like in court the other day, I just pretend they don't exist. It's not exactly being in touch with reality, but by not acknowledging the hate and harassment, it can't bring me down." This was stated after comments claiming cyberbullying, cyberstalking and harrassment this person alleges happens to them.  Again, I was in court.  There was no reason for her to pretend anyone didn't exist, as no one approached her, said anything to her, or even cared or noticed she was there.  The hearing was about Raye Dawn, not her.  You know, the one who it used to be about for this person, before it became all about "me me me".   Odd how she wouldn't even make eye contact with anyone.  The one time she did make brief eye contact accidentally, the smile immediately drained from her face and she immediately looked at the floor.  Guess it's hard to face people you lie about and stalk and harrass.  I was going to introduce myself to her after court but she was gone quickly afterwards.  I will say that for being as "close" to the family as she claims, the only family member I saw even speak to her was Sherri.  And when the family was in their huddle, she was on the outside.  But whatever, no one cares.  No one harrassed her, or anything else at the hearing.


We all know Jones likes the media attention.  I have to wonder if they all really believe it "went their way", why the Smiths AND Jones refused to comment to the media when asked??? You would have thought if it was such a great day for them in court they would have welcomed the chance to say so and shout their victory as it would have been a first for them since this whole mess started.  Now THERE is something that makes ya go hhhmmm.

I do have to correct I believe it was Lysa who said something about if those people think that Judge is going to go against the "decision of 4 appellet Judges"....what in the world is that girl talking about?  Apparently the RD supporters don't understand what this hearing was.  There has been NO "decision" by the appellet Judges yet in this case.  NONE.  This was sent to this Judge to do an evidentiary hearing.  He has 20 days to write his REPORT, citing case laws, etc and have the transcript ready for the attorney's.  They have 5 days as usual after that, then it's sent back to the appeals court for THEIR decision.  I don't know why any of them are in such a hurry to be fully disappointed, once again but to each their own.

After hearing the evidence presented myself in court, I have no doubt that there was no jury misconduct with anything to do with Brandi.  I also have no doubt that Raye Dawn might as well settle in, she's not going anywhere for a very, very long time.  More later...

Hope you all are having a wonderful Holiday weekend!  Blessings to each of you.

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