The child's mother, Melanie Ann Smith, 26, of the rural Gore area went on trial Monday in Muskogee County on one charge each of child abuse, neglect and endangerment.
The Tulsa World reported Friday that the boy, who was four years old when taken into custody by Gore police in June 2005, testified that he was abused by both his mother, and his aunt, Sharon Smith of Gore. Sharon Smith, 51, and her daughter, Brenna Smith, 31, both face child abuse charges in Sequoyah County District Court in Sallisaw.
Melanie Ann Smith lived with her husband and the child in the rural Gore area but in Muskogee County. The child was taken into custody in Gore after Gore police received a tip the child was being abused. Consequently his aunt, who babysat the boy, and cousin were charge with child abuse in Sequoyah County.
The boy testified Thursday that his mother whipped him with a belt, the Tulsa World reported, and that Sharon Smith spanked with a switch on his "private" and stepped on his feet daily. He said his aunt also handcuffed him, taped his mouth shut and threw him into a dark closet.
Doctors testified about the child's physical condition earlier. Dr. Mike Callery, formerly of Sallisaw, said the child was covered with bruises from head to toe.
Roy Albert Smith, Melanie Smith's husband and the boy's stepfather, testified his wife whipped the child with his western belt with conchos. Doctors said the marks on the boy matched the belt.
Roy Smith said his wife beat the child about "pretty much anything," depending on her mood. If he tried to intervene, she would attack him too, Roy Smith said.
The defense attorney, R. Jay Cook, pointed out that Roy Smith was a bull rider and asked if he was more afraid of Melanie Smith that of the bulls. Roy Smith answered he was taught not to hit women.
Roy Smith, who also faces child abuse charges, testified he never hit the child except to spank him with his hand.
The prosecution also pointed out that Melanie Smith allegedly tried to find out how to get disability checks from the state for her son. A neighbor of the Smith's testified about Melanie Smith's questions about state aid when questioned by District Attorney John David Luton. The neighbor said Melanie Smith asked her about finding someone to evaluate the boy for a mental disability so she could get state assistance.
Shortly afterward the boy was hospitalized for drinking a bottle of isopropyl, or rubbing, alcohol.
Roy Smith said the first assistance check they received was shortly before their arrest, and it was used to post his bond on an unrelated charge in Sequoyah County.
A Tulsa psychologist testified after viewing the tape of the child's interview with investigators four days after being taken into custody. Dr. Bart Trentham of Tulsa said he was concerned about some leading questions the interviewer posed to the child and about the length of time between when the child was taken from his family and the interview. He said children are more susceptible to suggestions than adults.
Melanie Smith's trial was expected to go to the jury Friday.
