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About The daily Astorian. (Astoria, Or.) 1961-current | View Entire Issue (Oct. 30, 2015)
9A THE DAILY ASTORIAN • FRIDAY, OCTOBER 30, 2015 Smith: Defendant has met with defense psychiatrist Continued from Page 1A refusing to talk to Dr. Guasta- disegni,” Buzzard wrote. If Smith wants to have a defense expert testify on her behalf regarding diminished capacity, then the District At- torney’s Of¿ce is requesting two days in early December for Smith to comply with the court order and be evaluated by Dr. Guastadisegni. The evaluation needs to be done by then, since a deadline has been set in December for both sides to exchange expert reports. Buzzard requested a hear- ing Nov. 9 given the shrinking window of time and limited availability of the state’s ex- pert. “The state’s main concern as we have repeatedly argued is that the trial date in late June of 2016 not be set over to respect the right and desires of the surviving 13-year-old victim,” Buzzard wrote. for allegedly drugging and murdering her daughter, Isa- bella Smith, 2, and attempting to kill her older daughter, Al- ana Smith, then 13, in a Can- non Beach hotel in July 2014. While she was unable to meet with the state’s psychol- ogist on Oct. 13 and 14, Smith has met with Beth Howell, the defense’s psychiatrist, on multiple occasions. In response to the discrep- ancy, Senior Deputy District Attorney Dawn Bu]]ard ¿led a motion this week requesting the court to not allow the de- fense’s expert testimony on diminished capacity at trial. “So defendant has not only met with a psychiatrist associated with the defense several times between July 1 and September but defendant met with Dr. Howell on two occasions on Oct. 20, after In Sgt. Roberts’ jail report on Smith’s refusal to undergo the court-ordered evaluation, he noted that her behavior has been noticeably different since she returned to custody from her last court hearing in early October. Two weeks before the attempted state evaluation, Smith was transported to Clatsop County Circuit Court for a hearing where the evalu- ation was discussed. She came back to Tilla- mook Jail acting differently. “Smith’s normal demeanor while in our custody has been almost bubbly at times with- out a real connection as to why she is in custody,” Rob- erts wrote. “From this point forward it would be my opin- ion she has some awareness as to her current reality. Smith’s demeanor is now solemn, disturbed and she is showing signs of depression.” Joshua Bessex/The Daily Astorian Jessica Smith, left, listens during a status hearing at the Clatsop County Courthouse in August. Smith is charged with aggravated murder and attempted aggravated murder in the drowning death of her 2-year-old and cutting the throat of her teenage daughter in Cannon Beach. LNG: Commission’s ¿nal impact statement will come in February Continued from Page 1A applicant “must obtain the necessary rights for the site on which they intend to build,” the commission wrote. “How- ever, this is not a process that the commission administers.” Such disputes, then, do not inÀuence whether the commis- sion allows energy companies to proceed with development, the letter states. “Often the agreements needed to secure the land are complex and involve lengthy negotiations between the par- ties. Many times, these agree- ments cannot be completed until after the commission has authorized a project,” reads the letter, signed by Chairman Norman C. Bay. The commission’s policy is to continue processing the ap- plications “as long as there is the possibility of future resolu- tion to any site access issue.” Bonamici could not imme- diately be reached for com- ment. Suzanne Bonamici Jeff Merkley Ron Wyden Terminated project tion for an LNG import termi- nal in Long Beach, California, but the site owners declined to enter into a lease with the com- pany. “In light of the fact that there was no ability for the applicant to gain access to or control of the proposed LNG import terminal site, the appli- cant requested that the com- mission terminate the proceed- ing, and the commission did so in March 2008,” the commis- sion wrote. Opponents of Oregon LNG hope that the company’s con- Àict with the Army Corps spells the end of the Oregon LNG project as well. However, Mike Connors, a Portland attorney represent- ing Oregon LNG, said during a public hearing on the com- pany’s land use permit appli- cations that he believes the Army Corps wants something in exchange for the easement and that the two parties will ultimately reach an agreement. Last summer, the U.S. Dis- trict Court in Portland ruled The Democratic lawmakers — without taking sides on the Oregon LNG project — had asked whether the commission has confronted similar cas- es where an energy company doesn’t hold title to the land it wishes to build on. The commission answered that it has — and noted that, because the property dispute could not be resolved, the company backed down. In January 2004, Sound En- ergy Solutions ¿led an applica- against Oregon LNG in a lawsuit ¿led against the Army Corps. The company had claimed that the Army Corps, which has held an easement to deposit dredging spoils since 1957, has no right to the land beneath the water that would become the site of the LNG facility. But the court found that the statute of limitations to bring the claim had long expired and dismissed Oregon LNG’s law- suit. Now the company argues that the Army Corps, which hasn’t deposited dredge spoils on the site in more than 20 years, has effectively aban- doned the property. The litiga- tion is ongoing, Connors said. Environmental statements In August, FERC’s en- vironmental staff released a draft environmental impact statement on the Oregon LNG project. The statement con- cluded that the project will cause adverse environmental impacts on water quality and ¿sh and wildlife habitat, but that the company could reduce these impacts to less-than-sig- ni¿cant levels through miti- gation measures proposed by FERC staff and the company. When the environmental staff held two public com- ment meetings at the Clatsop County Fair & Expo Center last month, 77 concerned people spoke out against the project and three spoke in support. Their comments, the en- vironmental staff said, will be addressed in the com- mission’s ¿nal environmen- tal impact statement, to be released in February. The commission will consider the ¿ndings before decid- ing whether to grant Oregon LNG permission to break ground in Warrenton. GAME MEAT PROCESSING Starting Saturday, October 31 st D ebbie D ’s w ill be at C ash & C arry in W arrenton at 10:00 a.m . each Satu rd ay to pick u p and d eliver m eat for processing. 20 lb. m in • E ach batch individu al Please call or leave m essage by Friday so w e k n ow to expect you ! DEBBIE D’S Jerk y & S a u s a ge Fa cto ry 2210 M ain A venu e N . • T illam ook, O R • 503-842-2622 Come Trick-or-Treat at Clatsop Care! The residents of Clatsop Care will be passing out treats from 3-5pm on Halloween Day. Please stop in and see us! 646 16 th Street, Astoria If you call a contractor yourself, that still counts as DIY. Look to a U.S. Bank Home Equity Line of Credit for your next major project. You’ll be greeted with competitive rates, flexible payment options and people who genuinely care. 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