NORTH COAST
THE DAILY ASTORIAN • FRIDAY, JANUARY 16, 2015
Lawyers want it no earlier than summer 2016
By KYLE SPURR
By The Daily Astorian
The defense attorneys for Jessica
Smith, the mother accused of drug-
ging and murdering her 2-year-old
daughter and attempting to kill her
13-year-old daughter in a Cannon
Beach hotel last summer, are re-
questing a trail no earlier than the
summer of 2016.
A trial date has initially been set
for July 7.
Smith’s defense attorneys Wil-
a written response this week to the
state’s motion for a “date certain” for
the trail.
The response claims the possi-
bility of the death penalty requires
additional time to prepare Smith’s
defense. Smith, 40, of Goldendale,
Wash., pleaded not guilty Aug. 12
to aggravated murder and attempted
aggravated murder. Smith is accused
of drowning her 2-year-old daughter
Isabella Smith and cutting the throat
of Alana Smith in room 3302 at the
Surfsand Resort.
“Defending a capital case is a
time-consuming and intensive un-
dertaking,’’ Falls and Morgan wrote.
“In addition to a thorough investiga-
tion of the fact issues presented by
the charged offenses, effective cap-
ital defense counsel must conduct a
thorough and complete investigation
of a client’s background, character,
life experiences and mental health
to prepare for what are, in essence,
two separate trials — one to deter-
mine guilt, and one to determine the
appropriate penalty.’’
Clatsop County District Attorney
response to the defense’s response
3A
Morgan is scheduled to begin
jury selection Sept. 15 in the fourth
resentencing trial of serial killer
Dayton Leroy Rogers in Clackamas
County.
Falls is scheduled to begin jury
selection Oct. 26 in the trial of Hus-
sein Ali Haidar in Multnomah Coun-
reiterating his request for the trial
date to remain set, especially since
the case involves a surviving child,
Alana Smith.
The dispute over the trial date
will come up again at the next sched-
uled hearing at 2 p.m. Thursday in
Clatsop County Circuit Court before
Judge Cindee Matyas.
Attached to the defense’s re-
sponse was a 429-page law journal
from Hofstra Law School that argues
defense attorneys are allowed more
time in cases involving the death
penalty.
Marquis said he has not decided
if he will pursue the death penalty.
In addition to needing more
time for a death penalty case, Falls
and Morgan said in their written re-
sponse, that they are both already
scheduled for trial this year in two
aggravated murder cases.
that is expected to take at least six
weeks to try.
“We do not request a trial date
in the summer of 2016 as a ‘luxury’
or the ‘convenience of the lawyers,’
but rather for the time necessary
to provide Ms. Smith with the ef-
fective assistance of counsel and a
constitutionally adequate defense,”
Falls and Morgan wrote in their re-
sponse.
Smith’s defense attorneys said in
the response they do not yet know
who they intend to call as witnesses
and what other evidence they intend
to introduce in trial because they are
in the very beginning of preparing
By EDWARD STRATTON
The Daily Astorian
and some whose status changes were
not reported timely.
If the U.S. Department of Education
recently gave Clatsop Community Col-
for a few years, said Wright, they won-
der whether the auditors are doing their
job. But there aren’t many variances
from previous years of audits, she added.
-
lege’s website at http://bit.ly/1yrxhGH
In other news from the Tuesday
meeting:
• The college board voted 6-0-1 to
accept the anticipated distribution of
United Way funds from the organi-
zation’s 2015-16 campaign — board
member Esther Moberg, also on the
United Way board of directors, ab-
stained. The United Way money goes to
support the Lives in Transition support
services program, headed by Margaret
Frimoth. Frimoth said that while she
usually asks for $10,000, she often gets
just over $8,000.
• David Oser, a representative from
the CCC Foundation, said it will soon
authorize distribution of scholarship
funds for next year. “The scholarships
are really what drives us … to serve on
the foundation board,” said Oser, add-
ing that Margaret Chopping, widow of
former Astoria Mayor Robert Chop-
ping, set up a $5,000 annual scholar-
ship called the Chopping Scholarship
Fund. The scholarship goes to a busi-
ness graduate from CCC going on to a
university program.
• Donna Larson, vice president of
academic and student affairs, read a
proclamation issued Dec. 16 proclaim-
ing January School Board Recognition
Month. President Lawrence Galizio,
who was not at the meeting, bought
books as presents for each of the board
members.
audit.
too, as its board of directors voted unani-
mously Tuesday night to use the auditing
“We need an auditor comfortable
with New Market Tax Credit, something
important to us,” said JoAnn Zahn, the
National Park Service
Historian and storyteller Karen Haas demonstrates mid-19th century weaving techniques during an
annual Weaving Weekend on the San Juan Island.
Civil War women come alive in vignettes
The Daily Astorian
The In Their Footsteps series, hosted by Lewis
and Clark National Historical Park and Fort Clat-
sop, continues with a free talk, “I Am Always on
the Women’s Side – Vignettes of the Civil War,” by
Karen Haas at 1 p.m. Sunday.
Hass is a storyteller, music teacher, curator, tour
guide and living history performer.
Her talk will cover researched diaries, letters and
songs written by women impacted by the Civil War.
Hass’ presentation will introduce six historic wom-
en from all sides and walks of life at that time. The
audience will meet these women striving to survive
in a time of violence, turmoil and societal change.
The monthly Sunday In Their Footsteps forums
are sponsored by the Lewis & Clark National Park
Association and the park. These programs are held
in the Netul River Room of Fort Clatsop’s visitor
center and are free.
For more information, call the park at (503) 861-
2471, visit http://1.usa.gov/155aYeH
Seaside Scholarships has two more weeks to raise $5,000
Seaside Scholarships Inc. is
conducting a fundraising drive.
Its goal is to make a variety
of postsecondary options more
affordable for a variety of Sea-
side High School graduates.
Through scholarships, the
group wants to invest in meri-
torious, needy, passionate and
promising graduates.
An anonymous local donor
gave $50,000, raising awareness
about the drive and challenging
Seaside Scholarships to match.
In less than two months of fund-
raising, Seaside Scholarships
has raised $45,000 toward the
match. Donations ranging from
What ’ s Fresh
O ysters
(W illa pa B a y)
$5 to $20,000 have been re-
ceived from 89 donors.
With only $5,000 from its
goal, it has extended the cam-
paign to the end of January. To
donate or for up-to-date infor-
mation, visit seasidescholar-
ships.com or the group’s Face-
book page.
⁄ 2 P R IC E
D AY
Every Monday!
(O regon C oa st - Loca l)
R a z or C la m s
(Sea side - Loca l)
D ungeness C ra b
(Loca l)
Monday - Fri
day • Open dai
ly at 11am
running from July 1 to June 30.
-
lated to the National Student Loan Data
-
es for students receiving federal loans.
It found 12 that some didn’t have the
correct effective date of status changes,
some with incorrect enrollment statuses
Three-yea r-old
Bla ck M outh Cur.
A hunting breed
a bounding in
cha rm a nd
intelligence —
roya lty a t your
service.
Petra le Sole
5 D aily S o u p & Lu n c h S p ec ials
The college’s auditor from Clifton-
LarsonAllen, Carolyn Wright, reported
to its board of directors in early Decem-
ber, giving the college an almost entire-
ly clean bill of health.
“We gave a clean opinion,” said
Wright in December, adding that it’s the
result agencies hope for in their audits,
which must be performed within six
Prince
(W illa pa B a y)
C h ec k o u t o u r
$
CliftonLarsonAllen has provided
CCC since it was issued the U.S. Trea-
sury’s New Market Tax Credits in Sep-
tember 2008. The college used $2.5
million worth of the tax credits, estab-
lished by Congress in 2000 to spur new
or increased investments in low-income
communities, to help with the Jerome
Campus Redevelopment Project.
DEL’S O.K.
VOLUN
T E E R
PICK OF THE WEE K
Stea m er C la m s
1
this case for trial.
The discovery, or evidence, dead-
line is Jan. 30.
Marquis has provided almost
3,500 pages of police reports, 34
separate CDs and DVDs and detailed
copies of the defendant’s statements
to investigators.
Marquis maintains that the trial
needs to occur as soon as possible to
best accommodate the defendant and
the 13-year-old victim Alana Smith,
who would prefer a trial date this
summer or no later than winter.
The defense’s proposed trial date
of 2016 would be more than two
years after the incident.
“For a 13-year-old child in which
her natural mother is accused of kill-
ing her sister and then attempting
to cut her throat, delays are nothing
short of torture,” Marquis wrote in
his motion. “A year’s delay for a
13-year-old child means much more
than a similar delay to someone who
is 60 years of age.”
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Thank you
from the family of
Leonard (Jim) Allen
We would especially like to thank Pastor Ron
McCallum and First Lutheran Church congregation;
Lower Columbia Hospice,
Drs. Lycette, Kim and Handy; Dot Graeber;
Caldwellʼs Luce-Layton Mortuary; and our family and
friends for all your caring help during this time.
Mary Allen
Steve & Sue Hansell and Family
Ken & Sandra Pearson and Family
Rob & Dana Allen and Family
Brian Allen & Gretchen Stambaugh
We love you all!
Telephone 503.325.4996
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Facsimile 503.325.8350
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Words cannot express how much we appreciate all
the kind words, cards, phone calls and visits for Jim
during his recent illness and death.
• Private riverview balconies
in all rooms
• Fireplace, Complimentary
Wi-fi throughout hotel
• Clawfoot Tub with views,
Terry Robes
• Complimentary Continental
Breakfast
• Wine and appetizers each afternoon
• Full service Day Spa on site
• Fitness Room, Hot Tub,
Finnish Sauna