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About Cannon Beach gazette. (Cannon Beach, Or.) 1977-current | View Entire Issue (Nov. 6, 2015)
2A • November 6, 2015 | Cannon Beach Gazette | cannonbeachgazette.com County’s treatment court graduates record number By Kyle Spurr EO Media Group Clatsop County’s treatment court honored a record graduat- ing class of eight people during a gathering Monday morning in the county circuit court. Treatment court — not to be confused with drug court for peo- ple charged with felony drug-re- lated crimes — was created in 2009 for nonviolent offenders who have been diagnosed with a mental illness or substance abuse disorders. Circuit Court Judge Cindee Matyas, who acts as the treatment court judge, said 108 people have participated in treatment court with now 42 graduating. Each person’s requirements and jour- ney to graduation are different. Basic requirements are attending the treatment court every week, meeting with treatment providers, and staying away from drugs and alcohol. Treatment court is a required with conditions of probation. Most participants are referred following a sentence and given the option of jail time or going to treatment court, according to the county. ‘Life has not gotten easier, but I have gotten stronger.’ Brittany Ferguson, treatment court graduate “We measure success in a lot of different ways.” Matyas said. Brittany Ferguson, who has participated in both drug and treatment courts, spoke to the class about how the programs have helped turn her life around. “Life has not gotten easier, but I have gotten stronger,” she said. Cannon Beach Police Chief Ja- son Schermerhorn and State Rep. Deborah Boone also addressed the class. Judge Matyas handed each JUDGXDWHDFHUWL¿FDWHZLWKDTXRWH from Viktor E. Frankl, an Austrian neurologist, psychiatrist and Ho- locaust survivor, that said, “When we are no longer able to change a situation, we are challenged to change ourselves.” The quote sums up what treat- ment court is about and what the graduates are about, Matyas said. Matyas described the graduat- ing class as having a cheerleader, a traveler, a veteran, an ambassa- dor, a comedian, a communicator, a caretaker and a student. One of the graduates said com- pleting treatment court was the hardest two years of her life. An- other graduate thanked the treat- ment court team — Judge Matyas, SUREDWLRQ RI¿FHUV DQG WUHDWPHQW professionals — for caring. If they did not care, the graduate said, she would not have made it. One other graduate simply said, “treatment court saved my life.” Jessica Smith refuses court-ordered mental health evaluation Told jail staff she felt sick By Kyle Spurr EO Media Group Jessica Smith, accused of drugging and murdering her toddler and attempting to kill her teenager in Cannon Beach last year, has refused a mental health evaluation from a court-ordered psy- chologist. Dr. Paul Guastadisegni attempted three times this month to evaluate Smith. Each time, Smith, an in- mate in Tillamook County Jail, told jail staff she felt like she was going to throw up and needed to go back to her cell where she curled up in a fetal position and held tight to a rolled-up blanket. JOSHUA BESSEX/THE DAILY ASTORIAN Jessica Smith listens during a status hearing at the Clat- sop County County Court- house in August. “Smith’s physical sick- ness and possible nausea was caused by anxiety of partic- ipating in the court ordered evaluation,” Jail Division Sgt. Brand Roberts wrote in a report. Smith has a right not to be examined. However, the Clat- sop County District Attor- QH\¶V 2I¿FH DOVR KDV D ULJKW to have a state psychologist evaluate Smith because her attorney, William Falls, and his co-counsel plan to use a diminished capacity defense. The District Attorney’s 2I¿FH DUJXHV IRUHJRLQJ WKH state’s evaluation could have legal consequences, where the judge could decide to throw out expert testimo- ny on diminished capacity during the trial in June. Smith is accused of aggra- vated murder and attempted aggravated murder for al- legedly drugging and mur- dering her daughter, Isabella Smith, 2, and attempting to kill her older daughter, Alana Smith, 13, in a Cannon Beach hotel in July 2014. WRUQH\¶V 2I¿FH LV UHTXHVWLQJ two days in early December for Smith to comply with the court order and be evaluated by Dr. Guastadisegni. The evaluation needs to be done by then, since a deadline has been set in December for both sides to exchange expert reports. Buzzard requested a hear- ing Nov. 9 given the shrink- ing window of time and lim- ited availability of the state’s expert. “The state’s main concern as we have repeatedly argued is that the trial date in late June of 2016 not be set over to respect the right and de- sires of the surviving 13-year- old victim,” Buzzard wrote. In Sgt. Roberts’ jail report on Smith’s refusal to undergo the court-ordered evaluation, While she was unable to meet with the state’s psy- chologist on Oct. 13 and 14, Smith has met with Beth Howell, the defense’s psychi- atrist, on multiple occasions. In response to the discrep- ancy, Senior Deputy District $WWRUQH\'DZQ%X]]DUG¿OHG a motion this week request- ing the court to not allow the defense’s expert testimony on diminished capacity at trial. “So defendant has not only met with a psychiatrist associated with the defense several times between July 1 and September but defendant met with Dr. Howell on two occasions on Oct. 20, after refusing to talk to Dr. Guasta- disegni,” Buzzard wrote. If Smith wants to have a defense expert testify on her behalf regarding diminished capacity, then the District At- he noted that her behavior has been noticeably different since she returned to custody from her last court hearing in early October. Two weeks before the attempted state evaluation, Smith was transported to Clatsop County Circuit Court for a hearing where the evalu- ation was discussed. She came back to Tilla- mook Jail acting differently. “Smith’s normal demean- or while in our custody has been almost bubbly at times without a real connection as to why she is in custody,” Roberts wrote. “From this point forward it would be my opinion she has some aware- ness as to her current reality. Smith’s demeanor is now solemn, disturbed and she is showing signs of depression.” CANNON BEACH POLICE LOG Oct 13 Oct. 16 3:14 p.m. 200 block of East Jackson Street: suspicious circumstances. An unknown person called the complainant, claiming to be from the Cannon Beach Police Department of- fering “Free Security System Installation.” She said no, hung up then called police. 1:29 a.m. 400 block of Crescent Court: disturbance. Anonymous caller reported noise from neighboring house. Officer responded and advised parties to quiet down. other personal information. The card was used at Lowe’s website. Oct. 24 9:50 p.m. Highway 101 South Entrance: motor vehicle accident. Oct. 17 Oct. 25 4:29 p.m. Tolovana Wayside: aggra- vated animal abuse. Report of dead seagulls in a parking space. Upon arrival, three dead seagulls were found to be abused and dead. 1:34 p.m. 200 block of West Second Street: criminal mischief III. Report of urina- tion on a building. After further investigation, urination did not occur on building, but on the ground. No suspect located. 1:40 a.m. Silver Point: DUII. Kirk E. Mor- ris, 44, of Portland, was arrested for DUII, reckless driving, failure to use lights and unlawful use of lights. He had a blood alcohol content of .14. Oct. 15 Oct. 18 3:26 a.m. 400 block of Fir Street: dis- turbance. Mutual combat between two male subjects. Police began courtesy ride to Seaside for one subject. During transport, subject re- quested to go to Providence Seaside Hospital. 9:52 p.m. 3400 block of South Hemlock Street: fraudulent use of a credit card. A caller claimed to be a worker at the front desk of a hotel and stated the computer had crashed. The subject asked for a credit card number and 8:21 a.m. Pacific Street and Nebesna Street: hit and run. A hit and run with a vehicle vs. street sign was reported. 11:24 a.m. 200 block of North Hemlock Street: DUII. An officer was dispatched to a report of a vehicle hit and run with damage to state property. Upon further investigation, Luis Farfan ✸ O REG O N Miranda, 46, of Seaside, was arrested for DUII, hit and run and reckless driving. M ARKETPLACE Specializin g in O reg on P rod u cts 2:51 p.m. 200 block of West Noatak Street: burglary I. Theft of cash and a cell phone from a home. The entry point was the bathroom window. M a de • G row n • Inspired by O regonia ns Oct. 26 6:11 a.m. Haystack Gardens: suspicious circumstances. W hy haven’t you stopped to see us? 10:51 p.m. Logan Lane: DUII. Travis M. 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