May 2016

Child killer attacked in prison

KILLER mum Kathryn Smith, who stamped her daughter to death, has been attacked behind bars by two inmates at a women’s prison.

Smith – serving life for murdering her daughter Ayeeshia – was left with a 2cm cut across her cheek when she was attacked with a homemade knife, according to a source.

April 2016

Mother weeps as she is jailed for stamping her toddler to death

A CALLOUS mum has been jailed for 24 years for murdering her 21-month-old daughter by stamping on her chest.

Kathryn Smith of Sloan Drive, Bramcote, Nottingham has been sentenced to life with a minimum of 24 years. She was told that he shall no have any contact with children for life. She was also sentenced to four years for child cruelty to run concurrently.

Her thuggish ex-boyfriend Matthew Rigby, 22, was cleared of murder and cruelty but was found guilty of causing or allowing the death of a child by a unanimous verdict.

Rigby, of Sloan Drive, Bramcote, Nottingham, mouthed the words “thank you” to the jury of seven men and five women when the verdicts were read out.

Rigby was caged for three years and six months in prison for causing or allowing the death of a child.

Passing sentence at Birmingham Crown Court today, Mrs Justice Geraldine Andrews said: “You are a devious, manipulative, selfish, young woman who would stop at nothing to get your own way.

To that end you were prepared to tell lie after lie.”

The judge described Ayeeshia as a “particularly vulnerable victim” who was thin and slight of frame.

“She was killed in her own home by her own mother – that is the grossest breach of trust,” she said.

Ayeeshia suffered a fatal tear in her heart, an injury usually only found in car crash victims, had several broken ribs, dark bruising and swelling of more than 3.5ins on her back and had bitten through her own tongue.

Ricky Booth, her 21-year-old father, said his daughter had been “let down” by the system.

Social services had been supervising Ayeeshia, who was taken away from Smith in 2013 and placed with foster carers for five months. She was given back to her mother seven months before her death.

Ayeeshia Smith’s short life told through the court trial…..

July 15, 2012: Ayeeshia is born to 19-year-old Kathryn Smith who was no longer in a relationship with Ricky Booth, the father.

Her midwife, Hilary Sayles, said Kathryn had been living in garage at her father’s home. Mrs Sayles had concerns and that the living conditions were not of a standard and she seemed isolated. She was also concerned about Kathryn’s ability to put the needs of her child before her own

By March 2012 Kathryn went to Swadlincote and was attending Burton and South Derbyshire College. The flat was supported housing for vulnerable young women. Kathryn was appointed a social worker Denise Leavesley. Before her birth, there was a child protection conference in June 2012 to assess potential risk to the child. The child protection plan was required due to possible risk of neglect. Both midwife and social worker had no concerns, and no concerns about weight.

August 2, 2012, Denise Leavesley said she found out Kathryn had waited for three days before going to walk in centre due to Ayeeshia’s vomiting. The walk-in centre told her to get to A&E but she never went as she said she had no way of getting there. Mrs Leavesley tried to encourage her to go to Incredible Babies course but Kathryn was not enthusiastic. She also had concerns about the number of people visiting the flat which placed her daughter at risk of harm.

August 17, Samantha Thompson, a children’s social worker, was appointed to Kathryn and Ayeeshia. She was hoping to try and help her get out, develop cooking skills. When she discussed the support Ms Thompson got impression it was something she didn’t want. Kathryn did not want professionals interfering in her life, which was just one example of Kathryn expressing her views in forthright manner when she decided she didn’t wish to do something.

Ms Thompson repeatedly tried to contact her. She felt uncomfortable going to groups. She went to Stay and Play session which went well but she never went back.
health visitor, derby community health service, Sarah Shaw visited, noting the flat was clean and tidy, toys were available and there was appropriate interaction between mother and child. She encouraged her to go to cooking groups.

Nov 28, 2012: Ayeeshia was weighed at 5.25kg and mother and baby relationship was good.

December 10: There was a core group meeting at her flat to discuss developing cooking skills. These sessions never happened.

Dec 18: Ms Thompson made an unannounced visit during the late morning. She met Kathryn’s boyfriend, who was not Matthew Rigby. Kathryn was in her nightclothes. Ayeeshia was asleep and had been awake during the night.

Jan 2013: Ms Thompson made efforts to meet without success and told Mrs Leavelesey she wasn’t getting anywhere.

Jan 24, 2013: Mrs Shaw went to visit at 11am. There was no response at the door. At 1.15pm she received text from Kathryn apologising saying she had no credit and had been in bed. Mrs Shaw was worried she was in bed because she noted it as a regular occurrence.

Feb 2013: Kathryn told Mrs Shaw that weaning wasn’t going well.

Feb 20: Mrs Shaw made a home visit. She said Ayeeshia was thriving and there was a good relationship. She was having two meals a day, half a jar at lunch, and pudding at 3pm.

Feb 26: Police made a domestic violence referral about Kathryn. She said her boyfriend had damaged the flat but refused to give a statement to the police. At another home visit by Mrs Shaw she gave Kathryn a copy of the report of a safeguarding meeting. Kathryn said she wasn’t bothered reading it and thought they wanted to take child from her. Her boyfriend was banned from entering the property and she was not happy that he had been banned.

Feb 27: Kathryn attended a conference. It was agreed to keep Ayeeshia on a safeguarding plan under the category of emotional abuse. Three days earlier her boyfriend had smashed three doors.

March 5: Mrs Shaw found out about an out of hours referral to social services. Her boyfriend had broken a mirror. Kathryn was invited to sign a written agreement that she had no more contact with her boyfriend. Kathryn was denying that Ayeeshia was present during the mirror incident despite police saying she was. She refused to sign the agreement saying she was not happy that he must not have contact with Ayeeshia.

March 6: Mrs Shaw made an emergency visit, and saw damage to the front door. She noted emotional warmth from the child. Kathryn didn’t want to sign the agreement, saying her boyfriend was good with Ayeeshia, that she loved him and was going to be around for the long term. She said he had anger issues. Mrs Shaw was concerned. She said domestic violence could have an emotional impact on children but Kathryn failed to understand.

March 11: Mrs Leavesley attended. She noted Ayeeshia was smiling. Kathryn would not sign the agreement, saying if it was ‘going to be like this you might as well take Ayeeshia now’.

She was tired of the child protection plan, and was certain the violence wouldn’t happen again. Her boyfriend said it wasn’t going to happen again and had been prescribed anti-depressants. Kathryn said: “I am not going to be made to choose.” Mrs Leavelesy said he could not stay in the flat.

Over the next few months she accepted he had anger issues but they were no longer arguing and he had changed.

April 24: Mandy Palmer, a coordinator for Stonham Housing Association, saw safety glass smashed and door damage near the flat. Kathryn didn’t engage with her very well.

April 29: Mrs Shaw and Mrs Leaveley visited. Ayeeshia was asleep, and there was further damage to the front door. Kathryn said her boyfriend had damaged the door by kicking and punching it.

He had raised his fist and pressed his forehead against hers. She gathered up Ayeeshia and left. She said he verbally abused her and kicked her in the stomach and later followed her around Swadlincote. She admitted that she had not reported this to the police. She refused to leave her flat and became angry, started swearing and told them to take Ayeeshia away. She later admitted that she had had an abortion.

April 30: Professionals decide it is no longer safe for her to be in flat. Mrs Leavesley makes an unannounced visit, but couldn’t get her. She texted her and received a reply from Kathryn saying: “We are staying here in our home, not going anywhere.” She asked the police to do safe and secure check. No sign of her boyfriend.

May 1, 2013: Mrs Leavesley had a meeting with Kathryn, told her of her concerns and risk of boyfriend and that she needed to prioritise Ayeeshia. Mrs Leavelesy said she was an excellent mother but her choice of partner placing Ayeeshia at risk. Kathryn walked out of the meeting but the same afternoon she came back with friends who said her boyfriend was really nice. An interim care order was made and social worker Steve Crean took over.

Kathryn later said she had ended relationship with her boyfriend, but had been out shopping with his family. Steve Crean was concerned if she maintained relationship with the boyfriend’s family she might come into contact with him.

May 16: A court hearing was held and an interim supervision order was made. Ayeeshia and Kathryn were to live with Kathryn’s mother in Milton Keynes, but Steve Cean discovered Kathryn had come back to Swadlincote and met up with her boyfriend, saying she was bored and had nothing to do and did not want to live there. She went back to the same flat. Steve Crean said he would take legal advice and tried to see her.

May 29: Steve Crean saw her and Kathryn said she had not seen her boyfriend since she got back.

June 5: A court hearing was held. Kathryn said that on June 2 her boyfriend came to her flat, and she refused him entry, taking Ayeeshia from flat. Power to place with foster carer.

From June to October: Ricky Booth saw Ayeeshia at a health care centre once a fortnight. The foster carer noted Ayeeshia was weary of men but came to trust the foster carer’s husband, she was fussy with food, and woke in the night but her feeding pattern improved and she started to gain weight.

August 2, 2013: Steve Crean has an assessment session and Kathryn was put on a domestic violence course. Kathryn said her now ex-boyfriend had moved away and her eye were wide open and could see how abusive situations began in relationships, her priority was Ayeeshia.

August 7: A meeting was held and concluded if Ayeeshia was to come home it would be under a supervision protection order.

August 29: Ayeeshia was weighed. She was not seen naked by the health visitor and was not weighed again until eight months later.

September 4: An advocates meeting takes place. All parties agreed Kathryn has made progress.

September 9: Kathryn was allowed unsupervised visits.

September 18: Foster carer said Ayeeshia’s routine had not been adhered to when she was with her mother.

October 2: A court hearing agreed Ayeeshia would return to Kathryn. Steve Crean collected her tat day.

October 2013: Naomi Pantall moved in to Alexandra Road and introduced her to Rigby.

Christmas 2013: Naomi said she saw some bruising to Ayeeshia’s back and bottom, and fingertip marks on her back and leg. She raised concerns with Kathryn and threatened to tell social services but never carried out threat. She said Kathryn was manipulative and didn’t want to lose contact with Ayeeshia.

November: Lizzie Nugent, a housing association worker and Mandy Palmer went to visit Kathryn, and saw a young man wearing vest top they claim was Rigby. Rigby denies this. And there was a strong smell of cannabis. Mrs Nugent said she heard a bang and then a child crying loudly. Kathryn opened the door and said Ayeeshia had fallen off the bed.

The young man walked past them and into the flat saying Ayeeshia will be ok. Mrs Nugent believed it was compliance and disguise to get rid of them Mrs Nugent said there was a smell of fresh and stale cannabis in the flat.

Two women said this should be raised at a safeguarding alert. She said Ayeeshia’s eyes were quite sunken, and that she would ring a social worker. She asked for safe and well check. Then she rang again the following day and rang on third day. Steve Crean seemed to be dismissive, she said.

November 8: Steve Crean said he her called back, but didn’t input his notes on the computer until November 28.

November 21: Texts sent by Kathryn to Rigby complaining about Ricky Booth and that he didn’t want Ayeeshia again.

November and December: Ricky Booth takes photos of Ayeeshia’s injuries. He was bathing her when he noticed there was bruising. He told Steve Crean about them who he said didn’t seem too interested. Mr Crean made no record but did accept he had spoken to him.

January 2: Kathryn rang the police and said someone kicked her front doors.

January 3: Mrs Shaw made a home visit but didn’t see them. She noted the damage to the door. Kathryn also texted to Rigby saying kicking her door is wrong.

January 4: 5am: Kathryn made a 999 call, saying someone kicked her door. Ayeeshia was with Ricky Booth. Police said the front door had split in two.

January 5: The relationship is fine.

January 7: Mrs Shaw saw Kathryn and Ayeeshia. Kathryn said girls living upstairs can caused damage to the door. She said Rigby had kicked in the door as they were both locked out. Mrs Shaw noticed a cut to the lip and chin. Ricky Booth said the chin injury was due to a trip on the carpet. She noticed a bald patch on Ayeeshia’s head which Kathryn said she had seen when her daughter returned from her father.

Later: a child protection medical was held at Royal Derby Hospital due to the hair loss. It was diagnosed as alopecia.

January 13: Metropolitan Housing told Kathryn that Rigby was banned from the flat and she was being evicted.

January 14: Sarah Slack, a children centre worker for Kathryn and Ayeeshia made several unsuccessful attempts to see her.

January 21: Mrs Slack made home visit to Swadlincote. Kathryn said she only saw Rigby in public. She was asked how she kept Ayeeshia safe in public. Kathryn replied: “We don’t argue in public.”

February 3: Kathryn said she went out to Morrisons to buy nappies, wipes and dinner. She denied she was out to pick up cannabis but Naomi Pantall and Rigby said she had. She went out, believing he was going to have a shower. When she came back she found ambulance outside. Rigby said Ayeeshia was in her cot, saying Kathryn was in a rush. She wanted a spliff and he went to bathroom to get ready to go out. He said he didn’t hear her go out but heard high pitched noise. He saw Ayeeshia was blue. Naomi Pantall heard Rigby’s screams for help and phoned 999. A paramedic was pushed by Rigby on the shoulder. Rigby said he didn’t realise who he was, saying he was making attempts to save Ayeeshia’s life and was in a heightened state of emotions. Kathryn came over and had shopping bag. At Burton’s Queen’s Hospital doctors diagnosed the incident as a febrile convulsion after there was a witness to the seizure and evidence of a sore throat. However, doctors didn’t recollect telling parents to strip her down if it happened again.

February 5: Steve Crean found out by chance of the incident and phoned the hospital.

February 7: Steve Crean made a supervision order meeting to the flat. At 11.45am, Kathryn opened the door and Mr Crean noticed the Ayeeshia was a little clingy. Kathryn said she was unhappy that Ricky Booth had been looking after Ayeeshia on his own. His attitude he would probably have been preferable if Ricky Booth’s mother was present because he was living with his mother.

February 13: Steve Crean spoke to Ricky Booth on the phone. Mr Booth became angry and said Mrs Crean was only listening to Kathryn. Crean wanted to undertake a parenting assessment for Ricky Booth, who then swore and hung up. The parenting assessment never took place.

Feb 17: Mr Crean visited unannounced. Kathryn said Ricky Booth had not seen Ayeeshia since she was discharged from hospital. She stopped contact because Ayeeshia had been poorly.

Feb 21: They moved to Stretton. Tracey Roberts described hearing arguments which could happen at any time. She heard both voices shouting at each other. They swore. If they disturbed her she would bang on the wall. It was possible to hear people talking but she couldn’t easily make out words. Rigby said Kathryn would kick wall back if Ms Roberts banged on the wall.

Feb 25 11.30am: Mr Crean visited. Ayeeshia looked well and Kathryn was very attentive. It said it was a welcoming home but seemed a bit sparse.

Feb 26: 5pm: Kathryn phoned Mr Crean, saying she had split from Rigby as it wasn’t working out. She was told she had to prioritise Ayeeshia and register with new GP and mother and toddler groups.

March 1: Mr Crean made another visit. She seemed surprise to see him. Rigby and her father were there.

March 11: 7.26pm: Rigby sent text to unknown number (maybe Kathryn), saying: “I hate you.” Kathryn replied saying she never wanted him to leave. At 9.27pm, a 999 was call made to police. Kathryn pretended to be a neighbour. She told the jury she didn’t want to make it worse if Rigby knew she had called the police. Police came over and spoke to both. The couple were watching a film in bed. It was logged as a no crime domestic incident.

March 29: Ayeeshia is seen at Burton’s Queen’s Hospital by Doctor Elizabeth Isaac, who could not remember who came with her to hospital. Rigby said he was there with Kathryn. The notes say she had banged her lower lip on bath, causing a 3x2cm cut. In her notes she said there was no history of vomiting or loss of consciousness, no known medical illness, no history of allergy. The doctor said she would have made a note if she was told the child had suffered a fit. Kathryn didn’t remember being asked about the medical history. Rigby said he wasn’t there. She was also weighed and it later revealed she had almost 1kg in six weeks.

April 1: Mr Crean found out about the lip incident. Kathryn said the relationship had not resumed. She said Ayeeshia had banged her lip when Kathryn was in the bath. There was no mention of Rigby. Kathryn later said she had not witnessed the incident.

April 4: 5am: Kathryn sent text to Mr Crean, saying: “Matthew threatened to text you lies to make you take Ayeeshia, just a heads up.” At the same time, she called 999. Ayeeshia is heard calling out ‘mummy’. Kathryn tells the operator that Rigby is going to cut himself and blame it on her. She was heard saying: “Put it down, Matt.” Kathryn later said she did not know if he had a weapon. She said she heard the kitchen knives box. Rigby said he had a mobile phone.
7.48am: Kathryn called 999, asking police to remove her ‘ex partner’ from her home, saying: “He is getting me killed within a week.” Police came, Rigby was not there. Ayeeshia was there and seemed happy. She signed a restraining order, and the matter was referred to fire service after a threat to burn house down. A secure letterbox was to be installed. During the argument Kathryn said Rigby dragged Ayeeshia’s cot out into the garden, but did not burn it. She left Ayeeshia in the house and ran after Rigby down the street. He later said he would blow up the house.
12.30: Mr Crean sent her a text asking how she was.
1.35pm: Mr Crean sent her a text, and went round. Kathryn was at home with Ayeeshia and no one else. Ayeeshia looked well, flat was fine, and she was asked about the text.
3.05pm: Kathryn sent two texts to Rigby, saying she was in trouble with Mr Crean. She realised it was just an argument.

April 5: Kathryn rang the police to retract the statement. She said they were not going to see each other anymore, and she didn’t believe his threats.

April 7: 4pm Burton watch manager at Burton fire station, Gary Phillips, fitted the letter box at her flat and did a fire safety check. He noticed Kathryn had a glazed expression and was slow in response. He smelt cannabis and saw a young child which is believed to be Ayeeshia. Judge Andrews said: “He was the only witness who said Kathryn was with Ayeeshia under the influence of cannabis. Kathryn said she wasn’t under the influence. His concerns were sent to social services.

April 8: Mr Crean got email from the police about their attendance on April 4.

April 9: 10.45am: Mr Crean had a supervision discussion. Kathryn did not mention the domestic violence incident and that Ayeeshia was present. Later attempted to give Kathryn an agreement to sign to keep Rigby away from her.

April 10: Mr Crean took it around the next morning. Rigby was arrested and interviewed and gave his side of the story about April 4 and denied he burnt a cot.

Mr Crean made unannounced visit to her home. He noticed the door was ajar and pushed it open. Kathryn was tackled about report from police about burning Ayeeshia’s cot. Kathryn said he burnt a Moses basket, and she wasn’t going to sign an agreement to keep Rigby away from Ayeeshia as the previous care proceedings started because of her ex-boyfriend’s agreement. She said she had done everything that had been asked of her and Rigby was nothing like her ex-boyfriend. Mr Crean noticed that Ayeeshia didn’t get upset or distressed while her mother was getting upset and angry.

4.15pm: Mr Crean received a text from Kathryn saying she wouldn’t sign the agreement, saying she did an eight month course on domestic violence so she knew what it was.

Sometime between April 10 and 17: Neighbour Tracey Roberts overheard a particular argument between the couple. She heard raised voices and a bit of screaming and swearing, both were shouting. She heard the voice of a child, saying ‘stop mummy, stop daddy’. The couple said Ayeeshia called Rigby ‘Matt’, not Daddy, but Rigby twice said she did call him daddy in his police interview.

April 14: Kathryn Humphries, health visitor, arrived at the flat at 11.30am and had no response, then knocked again. Kathryn opened the door in her nightwear. Ayeeshia was wearing a nappy. Humphries was unaware she was weighed in hospital.

April 16: Kathryn went to a hair loss follow-up. Doctors found her hair had stabilised and there was no other hair loss. There was no known cause of the alopecia.

April 17: Two community care workers went along to get Kathryn to take a drugs test, after call from the fire officer. There was no sign of Ayeeshia. There was a smell of cannabis strongly in the lounge but Kathryn did not appear to be under the influence. She was asked to take test and refused because she knew she would fail it.April 21: Ricky Booth saw Ayeeshia alive for last time.

April 24: Rigby texted Kathryn saying he needed to get out of his bad moods. Ayeeshia is seen by Helen Arnold at the clinic. There was a faint bruise on bridge of nose which Kathryn said was caused by fall off the potty. She only managed to strip Ayeeshia to her vest because she was distressed. She weighed 9.14kg.

April 25: 5.50pm: Mr Crean made an unannounced visit. Kathryn was alone. Mr Crean said she looked spaced out. He couldn’t smell anything, but she wouldn’t let him in. She later text him saying she wanted a new social worker.

April 26: 4.36pm: Rigby sent a text to Kathryn saying: “Don’t bother texting me, don’t be beating the dog it’s not his fault.” Kathryn said she would never beat the dog.

April 30: A multi agency risk assessment meeting was held in Tamworth and convened because of the threat by Rigby to set fire to the house and the police were called. It was decided that Mr Crean, with a domestic abuse prevention worker, would arrange a joint visit to the home. Mr Crean said he was still unsure whether Kathryn and Rigby were in a relationship. She said they weren’t.

Kathryn sent texts to her father to come over with money he owed her. Rigby and Kathryn took Ayeeshia to Rigby’s grandparents in Nottingham. The grandparents saw no marks or bruises when she was being changed. However Judge Andrews said: “But you would see the child lying on her back.”

Texts to her father that day continued where she said: “You know I haven’t eaten for a week. You both (her father and mother) only have your precious James (Kathryn’s brother) to care about, you don’t have a daughter.” Kathryn later said she didn’t mean any of it.

May 1: Kathryn texts her parents about the money. At 10.30am Ayeeshia got up and watched a film. They later went to the co-op, in Stretton. She sent a text to her father about blowing his door off.

Her father later gave her the money at her flat and left. Rigby said he took Ayeeshia in the house and put her on sofa. He said Kathryn was still angry and upset but didn’t ask her anything.

1.30/2pm: Tracey Roberts left her flat, saw Kathryn pulling off the ivy and said hello, she didn’t see Rigby.

2.45: Ms Roberts returned and saw the couple with a pile of ivy.

2.55: Ms Roberts checks the clock.

3.10: She said she heard shouting from flat, a man’s voice, shouting went on for five minutes on and off.

4.30pm and 5pm: police knocked on the door.
Mr Crean later sent a text saying he wanted to visit, but never received response.

4pm: Ambulance was called. Paramedics said she was cold to touch.

4.32pm: Arrived at hospital. Smith said to one paramedic she wanted to call for an ambulance sooner but Rigby told her not to. Kathryn later said this wasn’t correct.

4.30pm: Detectives and child protection officers notified.

5.20pm: Twenty minutes after Ayeeshia died, police spoke to the couple.

9pm: Detectives speak to the couple in a room with Ayeeshia. Things became heated when they said bruising had been found on Ayeeshia’s back. Kathryn said it had been caused by potty.

The couple were described as hostile and Kathryn was aggressive. Rigby questioned police powers to do a search.

Kathryn was angry and accused police of saying she had battered her child. Kathryn was pulling on the door, but police were blocking her. She said if the officer didn’t move she would hit her. The officer said she had never experienced such hostility.

9.45pm: The couple left hospital. Kathryn went to the police station. Rigby was concerned about his dog, which was then taken to kennels. When told by police he will have to come for an interview the next day, he said: “You’ll have to play Where’s Wally to find me.”

September 23, 2015: Kathryn Smith, 23, and her partner Matthew Rigby, 22, appear at Stafford Crown Court on September 23 where they both deny murdering Ayeeshia.

February 25, 2016: Murder trial begins at Birmingham Crown Court.

Smith, of Arnold,. Nottingham, wept as she was found guilty of murder by a majority verdict on Friday after a six-week trial.

She was also found guilty of cruelty to a child by unanimous verdict after the jury deliberated for a total of 11 hours.

Her thuggish ex-boyfriend Matthew Rigby, 22, was cleared of murder and cruelty but was found guilty of causing or allowing the death of a child by a unanimous verdict.

Rigby, of Sloan Drive, Bramcote, Nottingham, mouthed the words “thank you” to the jury of seven men and five women when the verdicts were read out.