Note: Throughout the following direct quotes from various sources will be presented in Bold.
Commentary and opinion of the Editors of Bubbaworld will appear in Italic.

It has been slightly over one year since our last update to this case.   The purpose of this 'part' is to simply bring readers up to date on what has transpired since our last report.  The trial of Melanie Smith on felony child abuse charges is set to begin tomorrow, 8/30/06 in Muskogee County District Court.  We will provide a complete update on the trial once it is concluded.

The Boy In the Closet - Part 4

Publication Date: 8/29/06

The following is a time line of significant events since 'Part 3':

September 6, 2005 - Sharon Smith and daughter Brenna Smith both of Gore, OK appear in Sequoyah County District Court for a preliminary hearing on child abuse charges.  Both women plead not guilty and are permitted bond.   Bail for Brenna Smith was set at $5,000 and bail for Sharon Smith was set at $10,000.

November 22, 2005 - Melanie and Roy Smith appear for a preliminary hearing in Muskogee County District Court.  Roy Smith waives his right to a preliminary hearing and agrees to testify against his half-sister/wife Melanie.   The prosecution presents witnesses and photographic evidence and concludes its case for the preliminary hearing.  The defense portion of the preliminary hearing is continued to December and the defense attorney for Melanie Smith announces the intention to call the 4-year old as a witness.  Bond for Roy Smith was set at $20,000.  Bond was denied for Melanie Smith.

December 7, 2005 - Wagoner County detention officer Jeffery Stowers, age 21, is charged with second-degree rape in Wagoner County for having consensual sexual intercourse with Melanie Smith the prior month.  Smith was being held in the Wagoner County Jail for her own protection following threats of physical violence made against her in the Muskogee County Jail.  The sex act between Stowers and Smith was alleged to have occurred while they were together in the bottom portion of the jail control tower for about an hour on the evening of Nov. 28 or 29.  Sexual contact between a corrections officer and an inmate, even if consensual, is deemed rape.  Stowers ultimately pled guilty to a reduce charge of outraging public decency and was sentenced to a two year deferred sentence, fined $500 and order to perform 300 hours of community service.

December 20, 2005 - The preliminary hearing for Melanie Smith was postponed until January 17, 2006 owing to the defense motion to call the 4-year old child as a witness in his mother's defense.

January 17, 2006 - In response to the request by Melanie Smith's defense attorney to call the child victim, District Judge Robin Adair ruled the victim was "unavailable to testify" after Dr. Edward Gustavson, University of Oklahoma College of Medicine in Tulsa, said the boy would be harmed by testifying.   The judge also ruled that prior hear-say testimony would be permitted enabling investigators to testify as to what the child had told them.  At the conclusion of the preliminary hearing, the judge ordered Melanie smith to stand trial on the felony abuse charges.

February 23, 2006 - A defense motion for the release of Melanie Smith on bail is heard by Muskogee County judge Tom Alford.  Assistant District Attorney Kristin Littlefield argued that "This child has been systematically tortured.  Even incidental contact, like if he were to see her at Wal-Mart or someplace else, would be far too traumatic for him to handle".   In denying bail the judge said, "The chance of an accidental meeting between Smith and the boy is too great for him to allow her to be released on bail".

April 5, 2006 - Jay Cook, who represents Melanie Smith argues a motion to quash and dismiss the charges against Smith on the basis that evidence admitted during the preliminary hearing was not reliable.  Cook argued that Muskogee County Deputy Tim Brown was allowed to testify about statements Smiths son made during his interview with the child and that the testimony was not properly accepted by the court.  Muskogee County District Court Judge Thomas H. Alford heard Cook's arguments postponed a ruling on the motion in order to review the preliminary hearing transcripts before ruling on Cook's motion.

May 12, 2006 through August 16, 2006 - Various motions, hearings and filings take place.  On August 16, the motion to quash and dismissed was denied.   Trial for Melanie Smith was set for August 30, 2006.

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