GUILTY OR - Isabella Smith, 2, killed, 13yo injured, Cannon Beach, 31 July 2014

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Snipped~ http://www.oregonlive.com/pacific-n...f/2014/10/cannon_beach_killing_accused_m.html

The teenager has been interviewed by investigators, Marquis said, and is living with a family member and doing "remarkably well."
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Really?

A Clatsop County Jail visitor log obtained by The Oregonian after a public records request shows that since her arrest, Jessica Smith has been visited by both of her attorneys and three unnamed people who accompanied the lawyers and were working on the case. She also has been visited by two licensed private investigators from Portland.
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Why would she be visited by the PI's?

I struggle with the NG plea. Are we really going to waste time, money and the Court's resources on going to trial? If she is not guilty of killing her toddler daughter and attempting to kill her teen daughter, who is? I've not seen so much as a whisper about her mental competence? Shouldn't we have seen something mentioned by her attorney on the subject? SMH ...
 
During a status hearing in Clatsop County Circuit Court on Thursday, defense attorney William Falls of Portland said on four occasions his defense counsel did not have enough time to meet with Smith in Clatsop County Jail due to the jail’s lone visitation room.
“I was asked to leave because other attorneys needed to visit,” Falls said.

If he is unable to properly meet with Smith, Falls said, he will not be prepared for trial.

Falls has requested that Smith be moved to another jail with more visitation space, likely Tillamook County Jail, which has an agreement with Clatsop County to offer rented space.

In addition, Falls suggested Smith’s current solitary confinement is causing her mental and physical problems. Smith has gone one month without any contact with other inmates.
“We are talking with the jail,” Falls said. “She needs to be moved.”

Clatsop County District Attorney Josh Marquis said Smith’s current confinement is reasonable considering she is accused of aggravated murder and other inmates are likely threatening to kill her.

Judge Cindee Matyas did not make any ruling and said the matter will be left up to Falls and the jail.

Smith’s condition was one of various issues brought up during the status hearing Thursday.

Marquis insisted the three-week trial remain set for July 7, especially since the case involves a surviving juvenile — Smith’s 13-year-old daughter.
http://www.dailyastorian.com/Local_News/20141107/foes-prepare-for-accused-child-murderer-trial
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The request was granted, she is now at Tillamook County Jail.
 
Knox said:
The request was granted, she is now at Tillamook County Jail.
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From your link:
Another status hearing was set for 2 p.m. Dec. 30.

----

Mind boggling that she's fighting this case, and putting her surviving daughter through a trial. The definition of evil IMVHO.

:gaah:



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kimi_SFC said:
From your link:
Another status hearing was set for 2 p.m. Dec. 30.

----

Mind boggling that she's fighting this case, and putting her surviving daughter through a trial. The definition of evil IMVHO.

:gaah:
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There is something about her facial expression and demeanor, that gives me the chills.

I think she is truly mentally ill. What I find sad for the children's sake, is that no one ever pushed for her to be evaluated.
IMO, her illness did not just happen in the last few years.
 
http://www.dailyastorian.com/Local_News/20141230/delay-of-jessica-smith-trial-challenged

The dispute continues over the July 7, 2015, trial date for Jessica Smith... Smith’s defense attorneys have made it clear they will need more time to prepare for trial, while District Attorney Josh Marquis is requesting the trial date remain set, especially since the case involves a surviving child.

Such disagreement was the focus of a status hearing Tuesday afternoon in Clatsop County Circuit Court. Prior to the hearing, Marquis filed a “date certain” motion for the trial.

“The state has consulted with the victim and her father and it is their wish for a trial as soon as possible and to minimize the disruption to A.S.’s life that the trial be held, as scheduled, during the summer school break,” Marquis wrote in the motion.
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mikkismom said:
Mother accused of drowning her two-year-old daughter and slashing her 13-year-old girl's throat grins in court as her trial is pushed back a year - a delay prosecutors say is 'nothing short of torture' for family


Read more: http://www.dailymail.co.uk/news/art...rs-court-trial-pushed-year.html#ixzz3PeN5ZlgU
Follow us: @MailOnline on Twitter | DailyMail on Facebook
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Once again, the defendant's rights trump all. As angry as this makes me, I'd be lying if I said I was totally surprised. :sigh:

My wish is that the surviving teen will take this time and use it therapeutically. That's the only option for her, now that she knows she will not be testifying over the Summer of 2015.

There's likely nothing that can be done, so it must be "water off a duck's back." Granted, no easy task, but it is what's best at this juncture. I wish her continued healing, and hope those surrounding her will continue to focus their collective energies toward the future.

May she continue to receive the best care, and this should include clinicians assisting her as she prepares for trial, regardless of when it will begin. There is a tremendous weight resting upon her young shoulders. This is much for any adult to handle, much less a teen.

If anything, the additional year may prove to be a positive. She will have another year of therapy under her belt, more time to have processed this horrific trauma, and have matured as well. It could very well make her a stronger witness, when all is said and done. :moo:

Just trying to look at this with a positive outlook, especially since the ruling appears final.

:twocents:


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In depth article via Oregon Live details issues regarding defense strategies, the delayed start to the trial date, evidentiary issues, the death penalty and future appeals:

Trial in Cannon Beach killing set for late June 2016, mental health defense anticipated | OregonLive.com

A lawyer for Jessica Smith, the mother accused of killing her 2-year-old daughter and trying to kill her 13-year-old daughter in a Cannon Beach resort hotel last summer, said he'll likely pursue a mental health defense.

"I can very much anticipate filing motions concerning mental health issues,'' Smith's attorney, William Falls, said in court Thursday before the judge set a trial date for June 28, 2016.

(snip)

Marquis said prosecutors have not decided yet whether to seek the death penalty because they have not received any discovery or mitigation information from the defense.

The defense must submit its discovery to the state by April 7. "I will furnish everything I can by that day, and hopefully get an ongoing dialogue (with the state) instead of this fussing back and forth,'' Falls told the court.

<modsnip>


MuchMore@Link:
http://www.oregonlive.com/pacific-n...annon_beach_killing.html#incart_story_package



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May 12, 2015 http://www.oregonlive.com/pacific-n...f/2015/05/jessica_smith_mother_accused_o.html


"A lawyer for Jessica Smith, the mother accused of killing her 2-year-old daughter and trying to kill her 13-year-old daughter in a Cannon Beach hotel room last summer, signaled Tuesday that his client's "mental issues'' would play a role at trial."

sbm

"After several testy exchanges between (defense lawyer) Falls and (District Attorney)Marquis, Falls also indicated he may file a motion for a gag order be placed on any investigators or law enforcement agencies involved in the case and seek a change of venue. "I do not want this case tried in the newspaper,'' Falls said in court.

Marquis shrugged off what he called Falls' "bluster,'' and said anything that has appeared in the press was filed in the electronic court filing system.

"There is no such thing as a secret trial in our system,'' Marquis responded."

More at link
 
Here's hoping she is not found to be insane. If so, she will spend a few years in a psychiatric hospital or psych ward in prison and be back out on the streets in no time. She needs to be locked up forever in a prison cell. She's evil not insane. JMHO.
 
May 2015:

"There was an implosion. She had a mental breakdown,'' defense lawyer William D. Falls said in Clatsop County Circuit Court...

Falls said he could not identify a specific diagnosis or an expert who will testify, but said information provided by the state from Smith's relatives suggested that Smith suffered from postpartum depression. Falls also has submitted articles on postpartum psychosis to the state, according to court records...


The pretrial hearing also revealed at least two occasions of odd behavior by Smith while in custody at both the Clatsop County and Tillamook County jails...

Smith had requested a second mattress while in custody at the Clatsop County Jail, claiming she had an issue with her back. When it became clear that she didn't need the mattress and jail officials took it away, Smith told officers that she couldn't walk and would crawl across the floor, Lt. Morgan testified.

At Tillamook County Jail, where Smith is currently being held, she also requested a second mattress, the lieutenant said. When it was removed from her cell there, she also crawled across the floor and claimed she was paralyzed, Lt. Morgan said.
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http://www.oregonlive.com/pacific-n...f/2015/05/jessica_smith_mother_accused_o.html
 
October 2015:

Senior Deputy District Attorney Dawn Buzzard filed a motion this week requesting the court to not allow the defense&#8217;s expert testimony on diminished capacity at trial.

Jessica Smith, accused of drugging and murdering her toddler and attempting to kill her teenager in Cannon Beach last year, has refused a mental health evaluation from a court-ordered psychologist.

Dr. Paul Guastadisegni attempted three times this month to evaluate Smith.

Each time, Smith, an inmate in Tillamook County Jail, told jail staff she felt like she was going to throw up and needed to go back to her cell where she curled up in a fetal position and held tight to a rolled-up blanket...

While she was unable to meet with the state&#8217;s psychologist on Oct. 13 and 14, Smith has met with Beth Howell, the defense&#8217;s psychiatrist, on multiple occasions.
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http://www.dailyastorian.com/Local_News/20151029/accused-murderer-refuses-mental-health-evaluation

:what:
 
November 2015:

Smith's demeanor in jail, he noted, had changed after she returned from an Oct. 1 court hearing where a Clatsop County judge set two dates for the psychologist to evaluate her.

"Smith's normal demeanor while in our custody has been almost bubbly at times without a real connection as to why she is in custody,'' Roberts wrote. "From this point forward it would be my opinion she had some awareness as to her current reality. Smith's demeanor is now solemn, disturbed and she is showing signs of depression.''...

Falls has said he would allow prosecutors to have a psychologist evaluate Smith but will advise her not to answer any questions about her state of mind at or near the time of the alleged crimes.
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http://www.oregonlive.com/pacific-n...f/2015/11/mother_accused_in_cannon_beach.html
 
Smith&#8217;s murder trial pushed to summer 2017

http://www.dailyastorian.com/Free/20160330/smith-trial-pushed-to-summer-2017

A court-appointed psychologist found accused murderer Jessica Smith suffers from post-traumatic stress disorder, but could not determine if she is mentally unfit to stand trial.

Judge Cindee Matyas agreed Wednesday to delay Smith&#8217;s trial, which was scheduled for this summer, until June 2017, as defense lawyers and prosecutors continue to argue over her mental state.
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The defense believes Smith suffers from a mental disease, while prosecutors think she is faking. A contested aid and assist hearing is set for April.

&#8220;She&#8217;s malingering and she&#8217;s faking,&#8221; Clatsop County District Attorney Josh Marquis said during a hearing Wednesday in Circuit Court.
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Before the contested competency hearing next month, Smith will undergo a Minnesota Multiphasic Personality Inventory test. The test will not determine her ability to aid and assist, but Marquis requested the test because it is meant to show if Smith is faking her mental disease.

Marquis warned against an indefinite stay at the state hospital. The clock starts ticking, he said, and after three years the defense can move to dismiss the entire case
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Glad to hear this is proceeding at least. I was in Portland at the time when this happened and it was all over the news.
 
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