2A • September 11, 2015 | Cannon Beach Gazette | cannonbeachgazette.com Smith defense: Psychologist lacks proper credentials By Dani Palmer Cannon Beach Gazette A state-appointed psy- chologist lacks proper cre- dentials to examine alleged killer Jessica Smith, her attorney said at an August hearing. Smith, 41, of Golden- dale, Washington, appeared in Clatsop County Circuit Court shackled and in a blue jumpsuit on Friday, Aug. 28. She is accused of aggravated murder and attempted aggravated mur- der for allegedly drugging and drowning her daugh- ter, Isabella Smith, 2, and attempting to kill her older daughter, Alana Smith, 13, by slashing her throat and wrists in a Cannon Beach hotel in July 2014. Alana now lives with her father, Greg Smith, in Washington. Falls asked the judge to oppose the state’s request for a mental health evalu- ation with Dr. Paul Guast- adisegni, a Portland-based psychologist, because he is not quali¿ed under new state standards to evaluate a criminal defendant. “It’s not the evaluation, it’s the evaluator,” Falls told Judge Cindee Matyas. Falls said he is not op- posed to a state evaluation as long as the defense can participate in the process with a certi¿ed evaluator. In any case, Falls said he would direct Smith not to answer questions about her JOSHUA BESSEX/ THE DAILY ASTORIAN Smith, left, listens during a status hearing at the Clat- sop County Courthouse Friday, Aug. 28. health information Guast- adisegni would be able to provide, he added. “We need to move forward on this case.” Matyas tentatively scheduled Smith’s evalua- tion with Guastadisegni for Oct. 13 and 14, and gave the state more time to re- spond to Fall’s opposition. “There’s nothing wrong with a little courtesy and a little communication,” she said. Falls suggested the state look for a different, certi- ¿ed evaluator in the mean- time. He also asked for a protective order that would shield “sensitive materi- als.” A protective order is already in place, but Falls wanted access to reports regarding Smith’s men- tal health further limited to preclude police access. Smith’s ex-husband should not receive copies either, he said. Marquis said the state would not share those re- ports, but would likely ask Greg Smith questions regarding Jessica Smith’s mental health. He added that expert witnesses nor investigators should be ex- cluded. The attorneys will meet again in court on Oct. 2 for a follow-up hearing. Jessica Smith’s trial is scheduled to begin in June 2016. Hemlock Street: Hit-and-run. A vehicle hit-and-run property. driving, breathalyzer refusal and failure to drive within the lane. JOSHUA BESSEX/THE DAILY ASTORIAN Jessica Smith, outside the Clatsop County Courthouse Friday, Aug. 28, is charged with aggravated murder and attempted aggravated murder in the drowning death of her 2-year-old daughter and cutting the throat of her teenage daughter in Cannon Beach in July 2014. state of mind at the time of the murder and attempted murder. The defense has already indicated it may seek to prove Smith acted with di- minished capacity as a result of postpartum depression. Marquis said he was dis- appointed with the defense waiting until the court ap- pearance date to make an objection. A letter stating the district attorney’s of¿ce expected to call Guasta- disegni as an expert witness was sent ¿ve weeks ago and the state has already provided 100s of pages of document to the psyholo- gist, he added. In seeking to speed pro- ceedings, Marquis noted that the trial is already set for two years after the crime, unusual in a murder case. “Alana is the victim and has a right to a speedy tri- al,” added Dawn Buzzard, Marquis’ co-counsel. Falls said he only learned Guastadisegni was improp- erly credentialed Wednesday morning, and had not had time to contact the DA’s of- ¿ce prior to Friday’s court appearance. Marquis conferred with the state attorney general’s of¿ce during a 30-minute re- cess and afterward said he be- lieved the defense was “mis- applying” the new standards. “The state is Àying blind” without the mental CANNON BEACH POLICE LOG Aug. 16 3:07 p.m. Highway 101 and Silverpoint: Driving privileges suspended. A subject was arrest- ed for a misdemeanor for driving with a suspended license. Driver was cited and released. 5:37 p.m. 1700 block of For- est Lawn: Hit-and-run accident reported. A subject hit a high voltage junction box. The subject was later located. wedding on the beach without a permit. Those responsible for the wedding were advised after the fact. 11:16 p.m. On the beach at Surfsand Resort: Disturbance and noise complaint. A large group for a beach wedding was in- formed to keep the noise down. 11:40 p.m. Beach off Surf- crest: minor in possession of alcohol. Aug. 18 Aug. 20 2:53 p.m. Beach and Harrison Street: Suspicious circumstances. Oregon State Parks reported a 4:21 p.m. 100 block of East Jefferson Street: Disturbance. Complaint of a female yelling obscenities at a child playing in a neighboring front yard. Aug. 23 1:44 a.m. Tolovana Wayside: curfew. Curfew violation and a minor in possession of marijuana. 5:17 p.m. 3400 block of South Hemlock Street: Property crime. Report of missing prescription pills. 11:26 p.m. Silver Point: Sus- picious circumstances. The caller reported suspicious circumstanc- es in a vehicle at Silverpoint. Af- ter further investigation, it was determined both occupants of the vehicle were not permitted to drive and were informed to have a licensed driver move the vehicle. Aug. 24 Aug. 25 7:30 p.m. Hemlock and Jack- son streets: Hit-and-run. A vehi- cle knocked down a stop sign and left. The driver was later contacted with a civil resolution. 2:24 p.m. North Entrance: Motor vehicle accident. Aug. 27 2:09 p.m. 1400 block of South Hemlock Street: Motor vehicle Hit-and-run. No injuries reported. Aug. 28 7:15 p.m. Hemlock Street and Sunset Boulevard: DUII. Report of an intoxicated driver. Jerome J. Petach, 45, of Milwaukie, Ore., was taken into custody and transported to the Seaside Po- lice Department for DUII, careless Aug. 26 11:17 a.m. 200 block of North Coastal Advantage In “THE COURTYARD” @ 219 N. Hemlock St., Cannon Beach Aug. 29 12:21 p.m. Highway 26 and Highway 101: motor vehicle acci- dent. A single vehicle accident at the sweeping southbound curve was reported. No injuries. The Oregon Department of Transpor- tation remained on scene until the vehicle was towed. 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