Melanie Ann Smith, 24, faces felony charges of child abuse, neglect and endangerment. During her Tuesday preliminary hearing, the child's attorney, Eric Jones, argued against the boy being required to testify. A developmental pediatrician testified that the boy could suffer from emotional and physical damage if forced to testify, including recurring nightmares.
Smith is one of four people charged in the abuse of the boy. Allegations range from handcuffing and binding the boy with electrical tape to forcing him to sleep in a closet.
Two Sequoyah County women, who are mother and daughter and the child's great-aunt and cousin, will also face trial for abuse that allegedly took place in Gore. Sharon Smith and Brenna Smith allegedly baby-sat the child a their Gore home more than 40 hours a week.
Smith's half-brother, Roy Albert Smith, 20, is also facing the same charges as Melanie Smith. Authorities have said that Roy and Melanie Smith were living as husband and wife when the incident occurred. Roy Smith has agreed to testify against all three women at trial in Muskogee and Sequoyah Counties.
An investigation by the Department of Human Services (DHS) into the alleged abuse was prompted by a tip. DHS then contacted Gore police, who found the child emaciated, weighing only 26 pounds, with bruises and cuts, at Sharon Smith's home.
