Family of Kelsey Briggs fights mother's commutation request

OKLAHOMA CITY, Ok (KFOR) — A mother locked up for enabling the child abuse that killed her daughter now wants out of jail. The case dates back to nearly 20 years ago when Kelsey Briggs died.

Her mother, Raye Dawn Smith, claims she's been a model prisoner and should get out of jail early.

Kelsey's family talked to the Pardon and Parole Board on Monday to share why they believe that's a bad idea.

It was an emotional day, but in the end, the Briggs family believes Smith's original sentence was decided by the jury back in 2007 and it should stay that way.

"Most of the jurors stated afterwards that they had been given the opportunity of a murder charge; they would have convicted her of it," said Lance Briggs, Kelsey Briggs' father.

It's been nearly two decades since Kelsey was tragically taken from her family.

"Her liver and pancreas were crushed due to some type of some type of force is against her," said Adam Panter, the Lincoln and Pottawatomie County District Attorney.

The Briggs family and the District Attorney spoke to the board and said the Department of Human Services knew about child abuse in the past, starting in April of 2005 when Kelsey was placed in their custody.

"When Smith was given unsupervised visitation. Kelsey suffered from two spiral fracture, broken legs. This type of abuse required an adult to twist her legs," said Lance.

Six months later, Kelsey took her last breath.

"In addition to numerous bruises all over her face and body, Kelsey's death would have been painful. It would have been torturous," said Panter.

Last week, an attorney for Raye Dawn Smith said a driving point in the possibility of early release is Smith's good behavior. While locked up she's earned a Bachelor's and Master's Degree.

However, the family says it's not enough.

"Kelsey won't even get to graduate kindergarten. She surely won't graduate high school. She won't have a chance to get a Master's Degree in any capacity," said Royce Briggs, Kelsey Briggs' grandfather.

The family is hopeful the board will deny the possibility of early release.

"I understand Ms. Smith has been a model prisoner, but she was not a model mother, and that was her one job. Kelsey got a life sentence," said Lance.

Raye Dawn Smith will appear by video on Tuesday during the Pardon and Parole meeting.

The board will then make a decision whether or not to recommend an early release.

From there, it will head to the Governor who will make the final decision.