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
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The residents of Clatsop Care
will be passing out treats
from 3-5pm on
Halloween Day.
Please stop in
and see us!
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