Image provided by: University of Oregon Libraries; Eugene, OR
About Cannon Beach gazette. (Cannon Beach, Or.) 1977-current | View Entire Issue (Jan. 30, 2015)
6A • January 30, 2015 | Cannon Beach Gazette | cannonbeachgazette.com Smith trial pushed to 2016 By Kyle Spurr EO Media Group DIRE CT ORY H EATING & C OOLING Expert Service, Repairs & In stallation Residen tial & C om m ercial G as, O il & E lectric Fu rnaces D u ctless System s • Fireplaces W ater H eaters • H eat P u m ps & A C C om m ercial R efrigeration L icensed & Bonded L ocally O w ned & O perated C annon B each, O regon CCB#1992 05 The trial date for Jessica Smith, the mother accused of drugging and murder- ing her 2-year-old daughter and attempting to kill her 13-year-old daughter in a Cannon Beach hotel last summer, was set back al- most a year during a status hearing Jan. 22 in Clatsop County Circuit Court. 6PLWK LV RI¿FLDOO\ scheduled for a three-week trial beginning June 28, 2016, rather than the initial date of July 7, 2015. Debate over the trial date lasted months as the de- fense and prosecution each ¿OHGPRWLRQVDQGDUJXHGIRU and against the initial date. Clatsop County District Attorney Josh Marquis claimed in court and in writ- ing that an earlier trial date ZRXOGEHQH¿WWKHVXUYLYLQJ child, Alana Smith, and her father, Gregory Smith, who have both expressed a de- sire to have the case tried as soon as possible. “Time goes by much slower when you are 12 or 13,” Marquis said. Smith’s defense attor- neys William Falls and Lynne Morgan claimed they would not be ready to defend a possible death penalty case by July, main- ly because they are both scheduled in other ag- gravated murder cases in Clackamas and Multnomah counties this year. Falls did indicate at the Jan. 22 hearing that he an- WLFLSDWHV ¿OLQJ D PRWLRQ concerning mental health issues, a possible defense for Smith. The defense also revealed it would be open to resolving the case before trial or go forward without the death penalty. Smith, of Goldendale, Wash., pleaded not guilty Aug. 12 to aggravated mur- der and attempted aggravat- ed murder. Smith is accused of drowning her 2-year-old daughter Isabella Smith and cutting the throat of daugh- ter Alana Smith July 31 in a local hotel. Marquis said he has not decided whether or not to pursue the death penalty, mostly due to the fact that he has received zero evi- dence from the defense. The defense’s deadline for discovery, or evidence, is April 7 and the prosecu- tion’s deadline is Jan. 30. Marquis told the court moving the trial back six or seven months would be acceptable, but two years is ridiculous. “This case is not much of a whodunnit,” Marquis BU SIN E SS 503-440-6975 coastheating@ gm ail.com P AINTING Licensed • Bonded • Insured CCB# 89453 JOSHUA BESSEX PHOTO Jessica Smith, appears with her attorneys William Falls, back, and Lynne Morgan, fore- ground, at the Clatsop County Courthouse for a status hearing. Smith is accused of drug- ging and murdering her 2-year-old daughter and attempting to kill her 13-year-old daugh- ter in a Cannon Beach hotel last summer. Jessica Smith is led away after her status hearing at the Clatsop County Courthouse Jan. 22. Smith’s mur- der trial was set for June 28, 2016. JOSHUA BESSEX PHOTO Clatsop County District Attorney Josh Mar- quis speaks with prosecuting attorney Dawn Buzzard after the Jessica Smith status hear- ing at the Clatsop County Courthouse. JOSHUA BES- SEX PHOTO Randy Anderson 36 Years Experience Anderson Painting (503) 738-9989 • Cell (503) 440-2411 • Fax (503) 738-9337 PO Box 140 Seaside, Oregon 97138 www.andersonpainting.biz “ Custom Finishing ” C ONSTRUCTION “Helping shape the character of Cannon Beach since 1973” Residential • Commercial • Remodeling New Construction • Storm Damage Repair Full Service Custom Cabinet Shop 503.436.2235 www.coasterconstruction.com • CCB# 150126 A LARM S YSTEMS Lo ca lly Ow n e d a n d Ope ra te d L icen sed • Bon d ed In su red CCB# 201010 503-738-9003 D en n is A. Stu ck • O w ner Secu rin g H om e a n d C om m ercia l • Since 1973 JOSHUA BESSEX PHOTO Defense attorney William Falls makes a statement during a status hearing for Jessica Smith at the Clatsop County Courthouse Jan. 22. said. “There are not a lot of red herrings. It is what it is.” The defense said it sug- gested a summer 2016 date, in part, as a courtesy to Al- ana Smith, who will be on summer break from school. The defense did compro- mise by saying an earlier trial date around April 2016 would be possible. Greg Smith, who spoke over the phone at the hear- ing Jan. 22, said he would rather have the trial in sum- mer 2016 than the spring when Alana is in school. Alana Smith never at- tended school in her life JOSHUA BESSEX PHOTO Clatsop County District Attorney Josh Marquis rubs his forehead during the Jessica Smith status hearing at the Clatsop County Courthouse. until enrolling this year. She remains in the custody of her father in Washington. “I think it would be pref- erable to wait,” he said. Before setting the trial date, Judge Cindee Matyas asked Jessica Smith if she was OK with waiting two years from the time of her arrest for trial. “Yes, I am your honor,” Jessica Smith said. Jessica Smith then waived her right to a speedy trial. She appeared in court wearing makeup, a yellow jumpsuit and her hair in a loose bun. She remains in Tillamook County Jail without the possibility of posting bail. The next scheduled court hearing is set for May 12. Experience Family Dining in a Relaxed & Friendly Environment Serving Seafood, Pizza, Sandwiches, Espressos, Beer, Wine, Ice Cream and our Homemade Desserts C O Z Y U P W ITH A W AR M C H O W D E R B O W L ! OP EN D AILY 10AM -6P M • S TOP I N FOR LUN C H OR D IN N ER “TO-GO” Orders Welcome We have a fabulous patio where you can enjoy the weather and your meal. 156 N. Hemlock • Cannon Beach 503.436.9551 Owned and Operated by the Cleary Family P.O . Box 470, Sea sid e, O R 97138 • coa sta la la rm system s@ iin et.com L ANDSCAPING GARDENER arcadia organic landscaping & design 503.440.1491 arcadialandscaping@hotmail.com lcb 9071 C ONSTRUCTION B OB M C E W AN C ONSTRUCTION , INC . E XCAVATION • U NDERGROUND U TIITIES R OAD W ORK • F ILL M ATERIAL S ITE P REPARATION • R OCK OWNED AND OPERATED BY M IKE AND C ELINE M C E WAN 503-738-3569 34154 H WY 26, S EASIDE , OR P.O. B OX 2845, G EARHART , OR S ERVING THE P ACIFIC N ORTHWEST S INCE 1956 • CC48302 L ANDSCAPING Laurelwood Compost • Mulch • Planting MacMix Soil Amendments YARD DEBRIS DROP-OFF (no Scotch Broom) 503-717-1454 34154 HIGHWAY 26 SEASIDE, OR S ea fo o d R esta u ra n t • M a rket • S m o keho u se 2n d + S pru c e, Ca n n o n B ea c h • 503.436.9130 “W e’ve been com m ercia l fish ing th e Pa cific Coa st since 1977!” S E RV IN G LUN CH & D IN N E R O P EN AT 1 1 :30 Tuesd a y’s O p en a t 4p m D elightfu l Beer G a rd en • O cea n V iew D eck Pool Ta b les • D a rts Fu ll Ba r ( inclu ding Bill’s Ta vern brew s ) b u t tha t’s n ot a ll... Sm oked Pork Ribs • Stea k • Sea food a nd m u ch, m u ch m ore! Loca ted in SO U TH Ca nnon Bea ch 3301 S. H em lock St. • Tolova n a P a rk 503.436.1 1 30 • M in ors W elcom e A DVERTISING A M E R IC A N L E G IO N P O ST 168 1216 S. H em lock S treet • C an n on B each 503.436.2973 B O W L P A R T Y & P O T LU C K S u n day, F ebru ary 1 st , 2015 V A L E N T IN E ’S D A N C E F ebru ary 14 th , 2015 F IR ST SA T U R D A Y of the M O N T H O yster/F ish D in n er • 5:00 – 8:00 pm • $15 T H IR D SU N D A Y of the M O N T H W om en ’s A uxiliary B reakfast – 9:00 – 11:30 am • $8 E V E R Y M O N D A Y N IG H T B urgers an d Jam S ession • 6:00 – 8:00 pm R eally good in form al m usic un til th e m usician s w ear out! E V E R Y F R ID A Y N IG H T Join us for T exas H old-em • 6:45 pm A bov e E v en ts O p en to the P u blic ADVERTISE YOUR BUSINESS OR SERVICE HERE! ONLY $22 PER ISSUE Call Laura Kaim 503-791-6709 lkaim@dailyastorian.com