The boy did not testify during simultaneous preliminary hearings for Brenna A. Smith, 30, and her mother, Sharon Kay Smith, 50, both facing child abuse charges. Instead, prosecutors used testimony from law enforcement and medical personnel to paint a picture of abuse.
Sharon Smith also faces charges of permitting child abuse by her daughter and of child neglect for failing to properly nourish the boy, who the pair allegedly babysat while the child's parents were at work.
The child's mother, Melanie Ann Smith, 24, and step-father, Roy Albert Smith, 20, who live near Braggs, are also accused of child abuse. Their case will be heard in Muskogee County District Court. The pair are allegedly half-brother and sister, but were living together as man and wife.
An investigation by DHS was prompted by a tip about the alleged abuse of the boy. DHS then contacted Gore police, who found the child at Sharon Smith's home.
During Tuesday's preliminary hearing, Steven Ramm, the Smiths' attorney, argued against introducing hearsay testimony from the boy, but lost the argument and an investigator was allowed to relate what the child allegedly told him.
Muskogee County Sheriff's Deputy Tim Brown testified about the abuse allegedly inflicted on the boy by his great-aunt, Sharon Smith, and his cousin, Brenna Smith. Brown testified that the boy told him and other investigators that he was punched in the face and body, and his feet were stomped on as a form of punishment. He was also allegedly handcuffed and bound with tape and put in a closet to sleep.
"The only justification that he ever gave for what was done to him was a generic 'I was bad' or 'I had lied,'" Brown testified.
Brown testified that the boy told him that his "Aunt Sharon" put handcuffs on his ankles and tape around his head and legs and put him in a closet, where he was forced to sleep.
"He (the boy) stated to us that they put him in the closet so he wouldn't run around while they were trying to sleep," Brown said.
Ramm evoked testimony from Brown that the boy sometimes got confused during interviews about people and places, but wasn't confused with his answers once he understood the question. Brown agreed with Ramm that the boy sometimes gave the investigators answers they wanted to hear if leading questions were asked. Brown said based on his investigation, he didn't think the boy was lying. Brown noted that there was physical evidence to back up what he told police. He said that the boy never deviated from his original disclosures and was always consistent.
An emergency room physician at Sequoyah Memorial Hospital in Sallisaw also testified about the injuries he noted on the child when the child was picked up from the Gore home. Dr. Mark Callery of Sallisaw testified that the boy had bruises "from head to toe," was emaciated and appeared to be malnourished. Callery also testified that it was "hard to say" how many bruises the child had on his body, but guessed that the child had 30 to 40. He said the child also appeared to have hair loss in spots on his head, which could be the result of being malnourished.
Ramm asked Callery if stress could lead to a child pulling his own hair, and Callery said it could. After further questioning by Jeff Sheridan, assistant district attorney, Callery said usually when children pull out their own hair, there are strands of varying lengths, but in this case, the hair was the same length.
Callery also testified that he found a residue on the boy's ears and on the back of his neck that could have been consistent with tape residue.
"I can't say what it (the residue) was," Callery said. "It had the look of duct tape."
Brown testified that black electrical tape, clear shipping tape, and handcuffs were found during a search of Sharon Smith's home.
Brown testified that Brenna Smith told him that she and her mother had confronted the boy's parents about his injuries.
