By Sheila K. Stogsdill
The Oklahoman (Friday November 3, 2006)

http://www.newsok.com/article/keyword/2965875/

'I don't want to go back,' child says

MUSKOGEE - A dark-haired little boy in a no-nonsense tone identified his parents, Melanie and Roy Smith, as "mean daddy" and "mean mama" after looking at a photograph during a trial Thursday in the Muskogee County Courthouse.

I like where I live," the boy said referring to his foster home. "I don't want to go back to Melanie."

Melanie Smith is charged with child abuse, neglect and child endangerment. She is being held in the Muskogee County jail in lieu of $5,000 bail. Roy Smith, 21, also is charged with child abuse and neglect.

The child, now 5, said he was afraid of Melanie Smith because she "whooped me."

Seated behind a white screen so her son could not see her, Melanie Smith, 25, of Braggs wiped tears from her eyes and held her hand to her mouth as her son told jurors how Melanie Smith hit him with a belt and with her hands.

"It was a black belt with circles on it," said the boy, whose name has been withheld because he's under 18.

Roy Smith, who waived his preliminary hearing, testified against Melanie Smith on Thursday, saying she would whip the child with a "belt or board -- pretty much anything."

Roy Smith looked at the belt he was wearing, a leather belt with a 7-inch silver belt buckle and several silver-colored conchos, and said it was used to spank the child.

The child also testified that Sharon Smith, Roy's aunt, would spank him on his "private parts," pointing to his lap.

Sharon Smith and her daughter, Brenna Smith, a cousin, also are charged in the case.

The child also testified Sharon Smith would stomp on his feet every day, slap his hands, put handcuffs on him, tape his mouth and make him stay in a dark room.

Investigators said the dark room probably was a closet.

The child said the only thing he had to eat at Sharon Smith's house was noodles and crackers. He sometimes went to a drive-in with Melanie Smith, he said.

The boy, dressed in a blue shirt with khaki pants, looked healthy Thursday. That was in stark contrast to the frail 4-year-old boy who weighed 26 pounds, walked with a cane and was covered with more than 40 bruises when he was taken into custody in June 2005.

The jurors smiled as the boy waved and said hello to his foster parents while he sat in the witness chair and played with his microphone.

Melanie Smith even smiled at the boy's answers when District Attorney John David Luton asked the boy his age and what he wore for Halloween.

"Spiderman," the child shouted.

Roy Smith testified Thursday morning that he received a Social Security disability check on behalf of the boy about a week before the child was taken into protective custody.

"She (Melanie Smith) talked about getting a disability check for (the boy) at least 30 times," Roy Smith said during the fourth day of his wife's trial.

Trial testimony indicated Melanie Smith was seeking disability because the child was brain-damaged.

During cross-examination by R. Jay Cook, Melanie Smith's attorney, Roy Smith admitted to using the child's disability check to pay his attorney and to help post his bail.

Cook said he believed the Social Security check to be between $4,000 and $5,000.

Cook said during opening statements his client sought help for her son, and the child abuse took place at the home of Sharon Smith.

Melanie Smith yawned as Roy Smith testified that she would hit, slap with both an open and closed fist, punch and whip the boy. She would hit the boy's face, head, back, arms and legs, Roy Smith said.

Roy Smith said he decided to testify against Melanie Smith because he "didn't take up for him (the victim) then -- it was time to do it now."

Roy Smith admitted on cross-examination that he spanked the child but only after Melanie Smith told him to because the child was throwing a fit.

"I never used a switch or belt," Roy Smith told Cook.

Roy Smith said he never contacted authorities or the Department of Human Services about the way Melanie Smith treated the child.

When Cook asked Roy Smith why he didn't leave, he said he "stayed to save the boy."

This would lead to fights between himself and Melanie Smith, he said.

"I was scared of her," Roy Smith said. "She runs the show."

Cook asked how Roy Smith, a bull rider who has won two bull riding belts, was scared of Melanie Smith.

"You don't know her," he said.

A neighbor of Melanie and Roy Smith's testified that Melanie Smith brought the boy to her house in late February 2005 to inquire about getting disability checks for the child if he had brain damage.

"All he (victim) was wearing was a shirt and shorts that smelled of dry urine," Janet Blackwood said. "He was dirty, he didn't have any shoes on and he had bruises all over him."

The boy would hide behind the legs of Janet Blackwood's husband when asking for food or something to drink, she said.

"He was whimpering, asking for something to eat and drink," Blackwood said. "Melanie wouldn't let him have anything to eat or drink. She said he had a special diet of noodles and water."

Melanie Smith said she withheld food from the victim to prevent him from relieving himself in his clothes, she said.

"I kick myself for not calling authorities earlier," Blackwood said. "I suspected he was being abused."