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About Cannon Beach gazette. (Cannon Beach, Or.) 1977-current | View Entire Issue (Jan. 16, 2015)
January 16, 2015 | Cannon Beach Gazette | cannonbeachgazette.com • 5A Hearing scheduled to discuss trial date for Smith DA argues surviving daughter should be able to put this behind her By Kyle Spurr EO Media Group Clatsop County Circuit Judge Cindee Matyas has set another status hearing for 2 p.m. Jan. 22 to further discuss the trial date for Jessica Smith, the mother accused of drugging and murdering her 2-year-old daughter and attempting to kill her 13-year-old daugh- ter in a Cannon Beach ho- tel last July 31. The discovery, or ev- idence, deadline is eight days later on Jan. 30. The dispute continues over the July 7, 2015, trial date for Smith, Smith’s defense attor- neys 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, es- pecially since the case in- volves a surviving child, Alana Smith. Such disagreement was the focus of a status hear- ing Dec. 30 in Clatsop County Circuit Court. Pri- or to the hearing, Marquis ¿OHG D ³GDWH FHUWDLQ´ PR- tion for the trial. ³7KHVWDWHKDVFRQVXOWHG with the victim and her fa- ther, and it is their wish for a trial as soon as possible and to minimize the dis- ruption to Alana Smith’s life that the trial be held, as scheduled, during the sum- PHU VFKRRO EUHDN´ 0DU- quis wrote in the motion. Smith’s defense attor- neys asked to responded WR WKH ³GDWH FHUWDLQ´ PR- tion in writing within 14 days, which was granted by Matyas. ³$V ZH LQIRUPHG WKH court, that is not a realis- WLF GDWH IRU XV´ GHIHQVH co-counsel Lynne Morgan said. Marquis said the pros- ecution, which has the burden of proof, has pro- ABOVE: Jessica Smith, along- side her defense attorney Wil- liams Falls, surveys the scene inside Courtroom 100 on the ground floor of the Clatsop County Courthouse Nov. 6. RIGHT: Jessica Smith, 40, is ushered toward Courtroom 100 of the Clatsop Coun- ty Courthouse by deputies from the Clatsop County Sheriff ’s Office Oct. 7. ALEX PAJUNAS PHOTOS vided almost 3,500 pag- es of police reports, 34 separate CDs and DVDs and detailed copies of the defendant’s statements to investigators. So far, the defense has not submitted any evidence. At the hearing, defense attorney William Falls handed the court a 429- page law journal from Hofstra Law School. The journal argues that defense attorneys are allowed more time in cases involving the death penalty. Smith, 40, of Golden- dale, Wash., pleaded not guilty Aug. 12 to aggravat- ed 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 a room at the Surfsand Resort. Isabella Smith died of asphyxiation by drowning, according to the state med- ical examiner. High level over-the-counter antihista- mine sedatives were found in the toddler’s system. Due to the aggravat- ed factor in the charges, Smith faces the possibility of the death penalty. Smith appeared in court via video link from Tilla- mook County Jail, which has an agreement with Clatsop County to offer rented space. She recently transferred to Tillamook at the Clatsop County Jail’s discretion. She signed a waiver of personal appearance prior to the hearing. She remains in jail without the possibil- ity of posting bail. At a previous hearing, Smith’s defense attorneys said they would both be busy in another aggravated murder case in Multnomah County and will not have time for the Smith trial un- til 2016. In his motion, Marquis said, the convenience of the lawyers should not be the focus of setting a trial date. All attorneys have other cases, Marquis said, and the focus should be on the defendant and the vic- tims. ³)RUD\HDUROGFKLOG in which her natural moth- er is accused of killing her sister and then attempting to cut her throat, delays are QRWKLQJ VKRUW RI WRUWXUH´ 0DUTXLVVDLG³$\HDU¶VGH- lay for a 13-year-old child means much more than a similar delay to someone ZKRLV\HDUVRIDJH´ Cannon Beach Police Department unveils strategic plan Foot patrols will become a priority RQ WUDLQLQJ ÀH[LELOLW\ DQG maintaining a low crime By Nancy McCarthy rate. However, the plan Cannon Beach Gazette tions the community has for notes that the department’s us as well as expectations weaknesses include a lack Longtime resident and IURPWKHSROLFHGHSDUWPHQW´ of experience, too many former Cannon Beach City The department’s three calls, a lack of opportunity Councilor Sam Steidel is the strategic goals are: to move up in the depart- city’s new mayor. • Increase community ment and complacency. Steidel, who ran unop- contact through foot patrols Opportunities to over- posed in the November gen- and participation in commu- come those weaknesses, eral election, replaces Mike nity events; however, include partner- Morgan, who served as may- ,PSURYH WKH HI¿FLHQF\ VKLSVZLWKWKH¿UHGLVWULFWDQG or for six years. Steidel was and effectiveness of depart- local businesses, exploring VZRUQLQWRRI¿FHE\0XQLFL- ment operations; ³ODWHUDOPRELOLW\´WKDWZRXOG pal Judge Ronald Woltjer. NANCY MCCARTHY PHOTO • Establish a working en- LQYROYH RI¿FHUV EHFRPLQJ The new mayor thanked vironment that encourages Municipal Judge Ronald Woltjer (back to the camera) detectives and dealing with KLV VXSSRUWHUV EULHÀ\ EHIRUH teamwork, empowerment, shakes hands with Sam Steidel, following Steidel’s swearing the increasing volume of beginning the City Council communication and profes- in as Cannon Beach’s new mayor. tourists in town. meeting. sional development. 7KHSODQQRWHVWKDW³LQWHU- During the meeting, Po- Among the core values bars more often. The citizens been supervising. QDODQGH[WHUQDO´WKUHDWVDOVR lice Chief Jason Schermer- contained in the plan is a police academy, which he di- The department’s exist that aren’t under the de- horn presented a master plan statement that the department rected while working for the strengths, according to the partment’s control. By being for the police department that ³HPEUDFHV GLYHUVLW\ LQ DOO Seaside Police Department, plan, include an attitude that aware of them and devel- includes a new mission state- its forms, and vows to treat will be expanded to include WKHRI¿FHUVFDQPHQWRUHDFK oping programs to respond, ment and several goals. all individuals equally, with all law enforcement agen- other, a positive communi- however, the department can ³:H VWDUWHG GHYHORSLQJ empathy, compassion and cies in Clatsop County. The ty perception, an emphasis ³JUHDWO\ UHGXFH WKH SRWHQWLDO this three years ago with a UHVSHFW´ department also will assume community forum and some Schermerhorn said the de- responsibility for the Com- µFRIIHH ZLWK D FRS¶ HYHQWV´ partment will, among other munity Emergency Response Schermerhorn told the coun- projects, increase downtown Team, which the Cannon FLO ³,W FRQWDLQV WKH H[SHFWD- foot patrols and check local Beach Fire & Rescue had R AR E LY AV AILABLE O CE AN FR O N T LO CATIO N 1 540 For est La w n R d Join the PARTY! January 24th, 2015 C a n n on Be a ch In fron t of H a ysta ck R ock, situ a te d hig h on the b lu ff, you w ill e n joy a m a g n ifice n t pa n ora m a of oce a n a n d b e a ch w ith you r ow n priva te sta irw a y to the sa n d . CM L S#1 4-431 $2,950,000 Cra ig W eston 503-738-2838 D a n a W eston 503-738-2839 S TU N N IN G O CE AN V IE W S 71 5 O a k S t IRUORVV´WKHSODQVD\V Those threats include employee retention, a tsuna- PL ODFN RI D GHWR[L¿FDWLRQ center, mental health issues, change and community per- ception. During the community fo- rum held in November 2013, those attending said the de- partment’s highest priority should be patrols, including foot and bicycle patrols and building and business checks. That priority was closely fol- lowed by public assistance, including home security checks, motorist assists, ani- mal control and enforcing the city’s nuisance ordinance. Emergency response ranked third on the list of community priorities, and that was followed by com- PXQLW\ UHODWLRQV WUDI¿F HQ- forcement and criminal in- vestigations. 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