Melanie Smith, 25, was charged last year with starving and abusing her 4-year-old, who was discovered at a Gore home by Gore police, malnourished, bruised from head to toe and barely able to walk.
A jury trial for Smith has been set twice, but both times the trials were postponed. Causing the child more trauma by having to testify was reportedly an issue behind one of the postponements.
Smith's attorney filed a motion on Wednesday asking the court to dismiss the charges, based on Smith's right to a speedy trial. A hearing was set for Sept. 13.
Three others are charged in the case, including Smith's half-brother, Roy Albert Smith, 21, of the Braggs area who has been free on $20,000 bond since November. He is set to appear in Muskogee County court on Sept. 29.
Two Gore women, Brenna Ann Smith, 30, and Sharon Kay Smith, 50, are also charged with child abuse in Sequoyah County District Court in Sallisaw. Brenna and Sharon Smith reportedly cared for the boy while Melanie and Roy Smith were at work. Charges against the two, who were bound over in September 2005, are pending.
An investigation by the Department of Human Services (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.
