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 5

Publication Date: 9/21/06

The following is a time line of significant events since 'Part 4':

Just when it appeared the trial of Melanie Smith was going to go forward on August 30, 2006 the wheels of justice ground to a halt again when Eric Jones the attorney for the alleged child victim asked to have the trial stricken from the docket on the basis that the child was not emotionally prepared to testify against his mother at that time and would be traumatized if required to do so.   The child suffered an emotional setback following his placement in a new foster home.

Melanie Smith's defense attorney Jay Cook argued the delays that have kept his client's case from going to trial can be traced to the district attorney's office and that those delays were avoidable.  Cook filed a motion on Smith's behalf, asking the court to dismiss the charges based upon his client's constitutional right to a speedy trial.  A hearing on that motion was set for September 13.  District Court Judge Thomas H. Alford indicated that the speedy trial issue is a real concern as Smith had been in jail for more than a year and that this was the second time the trial was delayed at the prosecution's request.

In light of the issue of the state's failure to provide a speedy trial, Judge Alford set a $5,000 appearance bond for Smith, who has been held without bond since her arrest in June 2005.  Judge Alford rescheduled the trial for October 30, 2006.

On September 13, Judge Alford over-ruled the defense motion for dismissal on the grounds that Smith had been denied a speedy trial.  Judge Alford in handing down his ruling stated:

We're not the ones who are sitting in jail.  From June to August to October, that's not oppressive.  The only issue is prejudice, has the delay impaired the defense and nothing has been presented to show it has.

Judge Alford, at the September 13th hearing, granted the defense's motion to interview the child, ordering the child's attorney to set up arrangements with the defense for that interview.  Jay Cook, attorney for the child made a motion for an alternative method of testimony for the child using 'sight line barriers', the defense agreed and the judge so ruled.

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