The Kelsey Smith Story- A Story Of Heartache & Hope

The divisive politics in the state of Michigan have basically mirrored how things are nationally.  Democrats and Republicans are at each other's throats in session, on the television, and at community events. 

To be honest, I don't think I have ever seen such bitterness.  If I am to be honest with myself, I am every bit as guilty, with my words and criticism of the left, particularly in state and national politics.   We are a nation divided.

Sadly, the last time I saw our nation truly come together as one, was when nearly 3,000 people were killed on September 11, 2001.  It is a shame that it takes a terrorist attack for us to come together. 

It is a shame that our elected officials spend more time tearing each other down than they spend working with each other to deal with the many problems our nation, and it's citizens face.  It is a shame that it takes tragedy for us to come together.

I have become aware of a story that I think can unite Democrats and Republicans.  I have found legislation that I think should, and can, be supported by both Democrats and Republicans.

This is the story of Kelsey Smith.

Kelsey Smith was born on May 3, 1989.  She was the 3rd of what would eventually be 5 children, born to her parents Greg and Missy Smith.  From the beginning, Kelsey's parents knew she was going to be a handful.  When she was a toddler, she received a shirt that said, My Name Is No-No. 

Kelsey Smith was also a kind child from the very beginning.

When she was young, and went somewhere with her parents, she would not allow them to buy her a treat unless they bought treats for her sisters.  Her brother Zach was born when she was six.  She was so protective of him that she wouldn't allow anyone to take care of him but her whenever she was around.

She was just a normal child growing up in the Midwest.

Throughout her life she was inquisitive, and questioned everything.  She was never afraid to try something new.  At Shawnee Mission West, where she attended high school, this was certainly the case, as she became involved in a whole slew of activities such as, track, theatre, writer's workshop, art, and choir.  Her main passion though, was marching band.  Following her passion, she chose to attend Kansas State University, knowing that they have a strong marching band program.

She was just a normal teen growing up in the Midwest.

She was a great student, she was very focused on her future, she had a wonderful sense of humor, and she had a huge heart.  Some of the stories her parents have shared, were wonderfully funny and opened a window into her heart so that others could see inside.  These stories show how caring and kind she always was. 

The kindness she showed as a child continued on into high school, as many of her friends would share their stories of her surprising them with balloon bouquets on their birthdays.  Kelsey's talent for the arts wasn't limited to theatre, choir, and band, she was also a very talented artist. 

One thing she did that was amazing and heartwarming, was when a family member lost a dog to death, she would draw pictures of their pets, and give them to the family members who had lost their dog.  Today those pictures she drew, must mean so much more to the family members who received them.

She had a beautiful voice, and sang in the Shawnee Mission West Choir.  One of the last times her parents ever saw her perform, she surprised them by performing a solo.  She was so excited about it, she could hardly keep it from them.

Kelsey Smith was a funny, caring, talented young lady growing up in Kansas.  She is described as one that makes a difference in someone's life.  She was not unlike many kids growing up in America.  Perhaps she reminds you of one of your own children.

Kelsey was a wonderful teen, blooming into a young lady with a promising future.

Kelsey Smith died just days after she graduated from Shawnee Mission West High School.  She was murdered.  She was abducted in a Target parking lot in Overland, Kansas on June 2, 2007. 

She was last seen on surveillance video purchasing a gift for her boyfriend to celebrate 6 months being together.  Outdoor surveillance footage showed her being abducted and being forced into her car.  Her car was found abandoned approximately 2 hours later in the mall parking lot across the street.  Upon searching video surveillance, police noticed a suspicious 70's era pickup truck that had been parked in that same lot. 

The search for her picked up steam almost immediately, and those searching became known as Kelsey's Army. 

Almost immediately, authorities contacted her cell phone company Verizon.  They wanted them to pinpoint her location by checking where her cell phone pings went to.  All cell phone companies have the technology to do this.  Under federal law, they are allowed to provide location information to authorities, without a warrant, in an emergency such as an abduction or missing persons case.

The problem is that while they are allowed to do this, they are not necessarily forced to provide this information to authorities.  In Kelsey's case, Verizon did not have a current policy on such a thing, and it ultimately took 4 days before they provided the police and the FBI the information.

They ended up telling authorities to search and area exactly 1.1 miles north of a particular cell phone tower.  It took all of 45 minutes from the time authorities received the information to find Kelsey's body in a wooded area by a lake.  So on June 6th, after four days of trying to get the cell phone records, and 9 days after she graduated, Kelsey was found. 

Forensic evidence reports revealed that Kelsey Smith had been sexually assaulted, and then strangled to death.  Her body was found at 1:30 PM, and the animal that did this to her was arrested that evening.

The man that raped and murdered Kelsey Smith is Edwin Roy Hall.  He was 26 years old at the time of his arrest, and lived in Olathe, Kansas.  He was married at the time, and had a 4 year old son.  He had no criminal record as an adult, but had an assault conviction as a juvenile.

On June 7, 2007 Edwin Roy Hall was charged with premeditated first degree murder, and aggravated kidnapping.  Eventually, on August 1, Hall was indicted by a Johnson County grand jury for murder, rape, and aggravated sodomy, making him eligible for the death penalty.

On July 23, 2008, Edwin Roy Hall pleaded guilty on all counts against him in a plea agreement.  On September 16, 2008, Johnson County District  Judge Peter V. Ruddick sentenced Edwin Roy Hall to life in prison with no possibility of parole.  Edwin Hall is currently incarcerated in the Hutchinson, Kansas Correctional Facility.

At Kelsey's memorial, her father Greg Smith shared that Kelsey could walk into a room full of strangers, and come out with a room full of friends.

Instead of just fading away, Kelsey's Army moved forward, and transformed into the Kelsey Smith Foundation.  Greg and Missy Smith wanted something good to come of their daughter's death.  They wanted to change things in order to maybe save someone else in the future.

The Kelsey Smith Foundation today does many things.  They do safety Awareness Seminars, and they also work with outside organizations, to provide self defense training, and among other activities, they also promote nationwide, the Kelsey Smith Act.

The Kelsey Smith Act provides law enforcement with a way to quickly ascertain the location of a wireless telecommunications device if a person has been determined, by law enforcement, to be at risk of death or serious physical harm due to being kidnapped and/or missing.

The Kelsey Smith Act, named in memory of Kelsey was signed into law on April 17, 2009, by then Kansas Governor Kathleen Sebelius.  The act was proposed my Greg and Missy Smith.   Kansas State Representative Rob Olsen sponsored the legislation, and worked with Kelsey's parents to get it passed.

Greg Smith, after serving in the United States Navy for ten years, and as a law enforcement officer for 17 years, ran for, and won a seat in the Kansas State Legislature.  He has sponsored and co-sponsored several laws aimed at protecting children.

He stated, " Nothing I can do will bring Kelsey back but what I can do is use that event as the impetus to make a difference in the lives of my other children, my grandchildren, and in the lives of members of my community."

Greg and Missy Smith travel the country to speak about keeping our children safe, and also the Kelsey Smith act.

Since Kansas adopted the Kelsey Smith Act, Nebraska, Minnesota, New Hampshire, North Dakota, Missouri, Hawaii, Tennessee, and Utah have also adopted the Kelsey Smith Act.

The Kelsey Smith Act is simple.  It seeks to mandate that cell phone providers provide location information to law enforcement in such emergencies.  Text messages are still protected, phone calls made and received are still protected under privacy laws.  All the Kelsey Smith Act mandates is that the location of the cell phone be given, and only in an emergency where a life is at stake, or physical harm could be done.

I spoke on the phone with kelsey's father Greg, and he told me these two stories.

He told me about one instance in Tennessee, one month after the Kelsey Smith Act was enacted, a six year old boy disappeared.  Authorities acted quickly, and immediately became strongly suspicious of a convicted sex offender in the area.  They were able to track his cell phone down, and rescue this child before the man could molest him.  This man had been convicted in the past of molesting at least 10 children.  Thanks to the Kelsey Smith Act, this young boy did not have to go through that life changing horror.

There is another case where a man had a stroke.  He was able to dial his home phone number, but couldn't speak to give his location.  Police were able to quickly locate him using location information from his cell phone provider.  Another life saved.

These are only two stories shared to me by Kelsey's father Greg.  Mr. Smith also told me that he and his wife Missy travel to any state willing to take up this legislation for consideration.

The Kelsey Smith Act is a simple law to pass.  It doesn't cost one dime to implement.

It has passed with bipartisan support in 9 states, and I would like Michigan to be the tenth state to adopt the Kelsey Smith act.

In most abduction cases, there is a very limited window of time between the abduction, and harm being done to the victim.  Law enforcement needs to be able to quickly obtain the information on the location of the victim or the suspected perpetrator of the crime.

According to John Ryan, who is the chief executive officer of the National Center for Missing And Exploited Children, "Time is of the essence when a child is missing, the first three hours are critical to recovering a child alive."

Look, I'll be the first one to admit that I am no expert in this field, but from what I know,  the experts all seem to agree that the Kelsey Smith Act would be an invaluable tool in saving lives, and in the worst case scenarios, bringing closure for families.  As someone who has spent a few days researching this, I wholeheartedly agree.  I know one thing for sure.  I know that the Kelsey Smith Act has received bipartisan support wherever it has been passed.

Current laws state that cell phone companies have the right to give authorities the location information.  Maybe when the law was written and passed, legislators simply overlooked making it mandatory.  Maybe they figured it would be a no brainer decision for a company to help law enforcement find the location of a young lady such as Kelsey Smith.  I don't know the answer to that question.

I do know that the Kelsey Smith Act was twice brought to Congress, and twice it failed, which brings me back to the gridlock that is Washington DC.  Maybe because a Republican brought it to the House, the Democrats voted against it, or maybe it was brought by a Democrat and because of that, Republicans voted against it.  I do not care, and I didn't bother to check, because it shouldn't matter.

I can also share that Republican Congressman Kevin Yoder has sponsored the Kelsey Smith Act in this 113th Congress, and Democratic Congressman Emanuel Cleaver is co-sponsoring it.  Truly bipartisan legislation. 

While it would be easy for me to sit back and hope this bill passes the United States Congress & Senate, I will not wait.  I know that waiting could cost lives in Michigan.  Waiting could allow another monster to snuff out another promising future.

I know of at least one Democratic governor and at least one Republican governor that have signed the act into law, and that is all the evidence I need to know that this legislation is just and good.  Finally something that we can all agree on.

I can't begin to fully understand the heartache that the Smith family felt, and the hole in their lives that still exists, but in learning about their story, I know that if I didn't try to do something in my state of Michigan, I would feel like I let them down every time a child goes missing, and cannot be found.

Michigan can, and should, be the tenth state to pass into law the Kelsey Smith Act.  It's not about politics, it's about saving lives.  It doesn't cost taxpayers a dime.

I have called my State Senator, and I will be calling my State Representative to urge them to read about Kelsey Smith, and then to search their heart, to see if the Kelsey Smith Act is the right thing to do.  I urge others to do the same.  One voice becomes louder when it is echoed by others.

Heck, I will make time to explain the whole thing to any and all elected officials willing to listen, and will make a trip to Lansing if that is what it takes to facilitate this common sense legislation.

The last thing Kelsey's father Greg said to me was that if there is a legislator willing to sponsor the Kelsey Smith Act, he would be willing to fly to Michigan and speak about this legislation, and answer any questions Michigan lawmakers may have.

Kelsey Smith was just a normal teen growing up in the Midwest.  She was from Kansas, but she could have been from Michigan...  

For more information about Kelsey Smith, and the Kelsey Smith Act, you can visit Kelsey's Army-The Kelsey Smith Foundation web site.

http://kelseysarmy.org/events-and-news