6A • January 30, 2015 | Cannon Beach Gazette | cannonbeachgazette.com
Smith trial pushed to 2016
By Kyle Spurr
EO Media Group
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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.
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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
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and against the initial date.
Clatsop County District
Attorney Josh Marquis
claimed in court and in writ-
ing that an earlier trial date
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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
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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
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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.
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