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.
There were 55 reports of
illegal camping, and six ani-
mal reports.
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