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.

The Boy In the Closet - Part 6

Publication Date: 11/03/06
Last Update: 12/11/06

The trial of Melanie Smith began on October 30, 2006 with jury selection.   The trial jury was comprised of 11 men and 1 woman.  Muskogee County District Attorney John David Luton assumed the role of lead prosecutor and Melanie Smith's defense was in the hands of court appointed defense attorney Jay Cook.

In his opening statement Luton told jurors that Smith injured, tortured, maimed and failed to feed her son.  Luton further told jurors that the child was bruised, could barely walk and that the Smiths would not feed him because he would urinate and defecate on himself.

In his opening statement Cook presented a different view of the case.   He told jurors there is no evidence Melanie Smith tried to starve this child.   He also asked 'Why would she when everybody is looking over your shoulders?'   Cook blamed the boy's inadvertent ingestion of a bottle of isopropyl alcohol on Roy Smith.   He also claimed that if the child suffered any abuse, it was at the hands of the boy's aunt, Sharon Smith, and that the abuse occurred in Sequoyah County.

Muskogee County Sheriff's Detective Tim Brown testified that he became personally involved in the case after the child told about the beatings he endured at the hands of his mother and other family members..  Det. Brown indicated that he was recorded in a 20 minute taped interview, now missing, as saying Melanie Smith was the "worst excuse of a mother he had ever seen".  Brown testified that Melanie Smith was recorded as stating the boys injuries were self-inflicted and that the boy had lost weight because of medication given for ADHD.   Brown also testified that the victim "doesn't say mama, he says Melanie" when referring to his mother.  Det. Brown also testified that the child was bruised from his head to his feet, he had open wounds on the top of his feet and welts on his back, and patches of his hair were falling out.  Brown also indicated there was residue from black electrical tape and clear packing tape found on his head, neck and ears.  Brown stated that the child told him that is diet consisted of ramen noodles and water.  Brown further indicated that the boy was living with the Smiths in a dilapidated trailer that had no running water, electricity or natural gas.  Det. Brown indicated that when he questioned Melanie Smith about the boy's condition that she claimed she had no idea how he got injured or had no explanation for why he weighed so little.   Brown testified that Melanie Smith told him that she never bathed the boy and had never seen him naked.  Brown also indicated that while the boy was at his aunt's house, Sharon Smith made him push large rocks across the yard, taped his mouth shut and made him sleep in a closet.

Dr. Mark Callery, a former Sequoyah County emergency room physician who treated the child, testified that the boy was covered with 40 to 50 bruises and weighed about 27 pounds when he was taken into protective custody and brought to the emergency room.  The doctor further testified that after the boy was examined he drank 20- and 8-ounce bottles of juice and a soda, ate a cheeseburger and french fries and then asked for more to drink.

Martin Lincoln, a Department of Human Services investigator, testified that when he removed the boy from the boy's aunt's home in Gore, he was malnourished, had tape residue on his hands and head, a black eye, couldn't walk and was in extreme pain when his shoes were removed.  Lincoln further testified that photographs shown to the jury do not come close to illustrating the severity and extent of the child's injuries.

Gore Police Officer Billy White testified that he was the first law enforcement officer to arrive at Sharon Smith's Gore, OK home after receiving a report from the Department of Human Services regarding the child.   White indicated that the boy had black eyes and could hardly walk, his feet were covered in sores and had been stomped upon and the child looked like a feeble little man.

Regarding the child's injuries and Melanie Smith's claims that they were self-inflicted, Dr. Mike Stratton, a Muskogee pediatrician who examined the boy, testified that the child would not be able to inflict the bruises upon himself, further stating in his opinion that it would be medically impossible.   Stratton said that the child was malnourished, losing hair, severely bruised and had a swollen abdomen.  He compared the child's condition to that of children in third-world countries.  Stratton also testified that X-ray images of the child revealed growth-arrest lines, which he said are indicative of malnourishment and neglect.  Stratton said other tests also indicated a chronic state of malnourishment.  Dr. Stratton said the boy weighed 26 pounds when he walked into Stratton's office with the assistance of a cane in June 2005 and after one weekend away from his home, he gained five pounds.   He said the boy now weighs 40 pounds.

Dr. Deborah Lowen, who assessed the boy in March 2005 after he ingested rubbing alcohol, testified that when she first saw him he was in a coma and on a ventilator.   Lowen indicated that his skin was pale, he looked younger than 4 and she noticed several bruises on his body, possibly more than 30.   Lowen testified that she thinks it would be nearly impossible for a child to self-inflict that many injuries and that she was surprised that Department of Human Services social workers allowed the child to go back to his home after the alcohol incident.

Elza Smith, an uncle of the boy's stepfather, Roy Albert Smith, testified that the boy's parents wouldn't allow the child to eat at a family barbecue while everyone else enjoyed a 'full spread' and cake for desert.  He indicated that they told him that the boy had an eating disorder and that if he ate too much he would have to go to the bathroom.  Elza Smith said he found that strange and that he allowed the boy to eat food from his plate.  He testified that the child did so, while looking around between bites to see whether he would get into trouble.

Roy Smith, Melanie Smith's husband who is also charged with child abuse and neglect, testified that she would hit, slap with both an open and closed fist, punch and whip the victim.  Roy Smith said she would hit the victim's face, head, back, arms and legs and that Melanie talked about getting a disability check for the boy on at least 30 occasions.  According to Smith, the couple received the first disability check for the boy one week before the he was taken into protective custody.  Roy Smith also testified that the child was often made to stand in a corner on the tips of his toes or hold his arms outstretched for extended periods of time, that the boys was whipped with a belt or board.  Roy Smith also said that most f the couple's arguments centered on the treatment of the victim and that he too was scared of Melanie and that "she ran the show".  Roy Smith indicated that she had hit, kicked and bit him.

Janet Blackwood, a neighbor of the Smiths, testified that Melanie brought the boy to her house in late February 2005 to inquire about getting disability checks for the child if he had brain damage.  Of the boy, Blackwood testified that all he was wearing was a shirt and shorts that smelled of dry urine, he was dirty, he didn't have any shoes on and he had bruises all over him.   Blackwood further testified that the boy would hide behind the legs of Blackwood's husband when asking for food or something to drink and that Melanie wouldn't let him have anything to eat or drink because he had a special diet of noodles and water.   Blackwood said that Smith said she withheld food from the victim to prevent him from relieving himself in his clothes.

The child, 'RK', was called to testify, with his mother sitting behind a screen and out of his sight.  When the child was shown a picture of Melanie and Roy Smith he identified them as "mean mommy" and "mean daddy".  He refers to his mother as "Melanie" or "mean mommy". The boy also testified that he was afraid of Melanie because she whipped him on the bottom with a belt.   The boy testified that Melanie also hit him with her hands and said, "she whoops me".   He also said, "She treated me bad — with a belt.  The boy also testified there was no food at Melanie's house and that all he got to eat at his aunt, Sharon Smith's, house was noodles and that Sharon Smith would spank him on his privates with a switch, step on his feet, slap his hands, put handcuffs on him, tape his mouth and make him stay in a dark room.  The boy when speaking of his current foster parents said, "I like where I live.  I don't want to go back to Melanie."

Melanie Smith testified in her own defense, stating that although her son would double up his fist and hit her she denied ever hitting the him with a board or handcuffing him or using tape to tie-him up.  Smith admitted that she did spank the child with a belt but disputed using a leather belt with a 7-inch silver belt buckle and several silver-colored conchos, as earlier testimony in the trial indicated and said it was a black belt covered in fur.  Smith stated that the boy ran into a door and gave himself a black eye.   She also said that the injuries to the boys feet were "scratches".   Smith testified that the boy's injuries were the result of him harming himself.   She also stated that she took him to several physicians for his behavior problems, including him hurting the family's dogs and cat.  Smith also countered the accusation that she never bathed the boy, saying because of their 12-hour work schedules, the boy often took baths at Sharon Smith's home during the week.

The trail of Melanie Smith concluded on Friday, November 3rd.   The jury began deliberations and after about four hours returned with its verdict.

The jury found Melanie Smith not guilty on the charge of child abuse.   It found her guilty on the charges of child neglect and child endangerment.   On those two charges the jury recommend a total of 16 years in prison.

Sentencing for Melanie Smith is currently set for December 11, 2006.   Smith's attorney requested a pre-sentencing report which will be prepared by the Oklahoma Department of Corrections.  Owing to the offenses of which she was convicted, Melanie Smith will be required to serve 85 percent of her sentence before becoming eligible for parole.

On December 11, 2006 Melanie Smith cried when she appeared before District Judge Thomas Alford for formal sentencing and the judge told her in reference to her earlier statements that she tried her best as a parent:

The photos of this child cause me to question your statements.   When a person brings a child into this world it comes with an obligation.   Children cannot protect themselves.  It's the most fundamental right as a parent to protect their child.

The judge sentenced Melanie Smith to a 12 year prison term on her conviction for child neglect and four years on her conviction for child endangerment, ordering the sentences be served consecutively.  In setting these sentences the judge followed the recommendation of the jury which convicted Smith in November.

After the sentencing hearing District Attorney John David Luton said:

She only cares about herself.  She starts to cry when it's about her.  The jury and judge saw that.

Smith's attorney, R. Jay Cook, said he planned to appeal.

Not only did the jury and judge see through Melanie Smith's claims of trying her best as a parent, practically everyone that has heard of this shocking case realizes that Melanie Smith is a monster that should be removed from society for the longest period permitted by law.

If ever there was an example of a absolutely worthless parent and arguably an absolutely worthless human being, Melanie Smith is the perfect example.   Smith who had a new born taken from her in Texas when the infant tested positive at birth for cocaine and marijuana should have been sentenced to life in prison.   However, Judge Alford followed the jury's recommendation and we must respect the judge's decision.

Under Oklahoma law, Smith will be required to serve at least 85 percent of her sentence before becoming eligible for parole.  This means she will spend just over thirteen and a half years in prison at the minimum.  Her son will be 17 or 18 years old and able to defend himself before this monster is released from prison and that is good since it appears that Melanie Smith spent most of his young life either neglecting or outright trying to kill him.

Those of us that believe there is a God, a Heaven and a Hell can take some comfort in the belief that there is a special place in Hell for the likes of Melanie Smith.

One monster down and three to go...

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