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
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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,
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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-
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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
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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.
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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
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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.
Turner, 41, of Cannon Beach, was arrested for
DUII, unlawful change of lane, failure to yield
to an emergency vehicle and breath refusal. A
search warrant for a blood draw was written
and granted.
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