Image provided by: University of Oregon Libraries; Eugene, OR
About Cannon Beach gazette. (Cannon Beach, Or.) 1977-current | View Entire Issue (Jan. 15, 2016)
2A • January 15, 2016 | Cannon Beach Gazette | cannonbeachgazette.com Defense: Smith suffers from mental disease She lacks ‘rational understanding’ of the case, evidence By Kyle Spurr EO Media Group A defense lawyer for Jessica Smith says she suf- fers from a mental disease DQG LV XQ¿W WR SURFHHG LQ her criminal trial. Smith, 42, is accused of drugging and murdering KHUWRGGOHUDQGDWWHPSWLQJ to kill her teenager in Can- non Beach in July 2014. “I have met with Ms. Smith on a number of occa- VLRQVVLQFHP\DSSRLQWPHQW to this case,” Lynne Mor- gan, Smith’s defense law- \HUZURWHLQDFRXUW¿OLQJ ³,WLVP\RSLQLRQ0V6PLWK currently suffers from a mental disease or defect and is unable to aid and as- sist in her own defense.” Morgan and co-counsel William Falls have hinted DW SODQV WR XVH D GLPLQ- LVKHGFDSDFLW\GHIHQVH Smith, an inmate in Til- lamook County Jail, was evaluated by the state’s SV\FKRORJLVW 3DXO *XDVW- adisegni after she refused PXOWLSOHWLPHV 7KH SURVHFXWLRQ FODLPV Smith also met with Eliza- beth Howell, the defense’s SV\FKLDWULVW RQ PXOWLSOH occasions. Results from the mental health exam- state of intruding into the FRQ¿GHQWLDODWWRUQH\FOLHQW UHODWLRQVKLS7KHGHIHQVHLV XSVHWRYHUWKHVWDWHSXEOLF- O\¿OLQJDUHSRUWIURP7LOOD- mook County Sheriff’s Of- ¿FH 6JW %UDQGRQ 5REHUWV that included details relat- ing to Smith’s interactions with her defense team. 7KH UHSRUW GHWDLOV 6PLWK¶V refusal to be evaluated on three occasions by the VWDWH¶V SV\FKRORJLVW 6KH told Sgt. Roberts, “I can’t do this. I don’t know what is wrong. I’m sick and I’m JRLQJWRWKURZXS´ 6JW5REHUWV¶MDLOUHSRUW noted that Smith’s behav- ior had been noticeably different since she re- turned to custody from a SUHYLRXV FRXUW KHDULQJ LQ early October. “Smith’s normal de- meanor while in our cus- tody has been almost bub- bly at times without a real connection as to why she is in custody,” Roberts wrote. ³)URPWKLVSRLQWIRUZDUGLW JOSHUA BESSEX/EO MEDIA GROUP ZRXOG EH P\ RSLQLRQ VKH Jessica Smith is led to her seat in the Clatsop County Courthouse for a status hearing in May. A defense lawyer claims has some awareness as to her current reality. Smith’s Smith has a mental disease and is unfit to proceed with her trial. demeanor is now solemn, “Finally, Ms. Smith disturbed and she is show- inations have not been re- ‘From this point forward it would be DSSHDUV WR VXIIHU IURP D LQJVLJQVRIGHSUHVVLRQ´ leased. mental disability which in- Smith is accused of ag- In the defense’s motion my opinion she has some awareness terferes with her ability to gravated murder and at- ¿OHG0RQGD\0RUJDQDVNV as to her current reality.’ understand the nature and WHPSWHGDJJUDYDWHGPXUGHU WKHFRXUWIRUDFRPSHWHQF\ consequences of any waiv- for allegedly drugging and examination of Smith and Sgt. Brandon Roberts, HU RI KHU LPSRUWDQW FRQVWL- murdering her daughter, then a determination of Tillamook County Sheriff’s Office tutional rights she may be Isabella Smith, 2, and at- 6PLWK¶V¿WQHVVWRSURFHHG FDOOHGXSRQWRPDNHLQWKLV WHPSWLQJ WR NLOO KHU ROGHU Morgan claims Smith does case,” Morgan wrote. QRWDSSHDUWRKDYHDUDWLRQDO daughter, Alana Smith, Smith’s defense recent- then 13, in a Cannon Beach XQGHUVWDQGLQJRIWKHSURFHHG- UDWLRQDOO\ FRPSUHKHQGLQJ reasoned choice among the ings against her. Her mental the evidence against her and SRVVLEOH DOWHUQDWLYHV SUHVHQW- O\ ¿OHG RWKHU PRWLRQV LQ- hotel in July 2014. cluding one accusing the GLVDELOLW\ SUHYHQWV KHU IURP LPSDLUVKHUDELOLW\WRPDNHD ed in the case, she wrote. A trial is set in June. CANNON BEACH POLICE LOG Dec. 30 Dec. 27 Dec. 28 12:47 a.m., Highway 101 /North Entrance. Assistance rendered. 11:23 a.m., Ocean/Madison. Parking complaint. Complaint of an unoccupied vehicle parked in a no parking area. Officer ar- rived and made contact with the driver, who was on the phone. The vehicle moved and the of- ficer cleared. 1:09 a.m., 1100 Block S. Hem- lock St. Missing person. Officers responded to a missing person’s report and found there was no missing person. 2:16 a.m., 2nd St./Sewer Pond, Camping within city limits. Subjects warned for unlawful lodging. 3:53 p.m., Beach /Tolovana. Com- plaint of a vehicle driving on the beach. Officer made contact with the subject, who had a beach driv- ing driftwood collection permit for a different vehicle. Verbal warn- ing issued. Subject was advised to come in for a permit for the vehicle he was currently driving. Officer cleared. Dec. 29 12:19 a.m., 100 Block West Gower St. Assist other agency. Assisted Fire Department with medical call. Female feeling weak from the flu. 2:57 p.m., Southbound Highway 101. Assist other agency. Fire- works offense. Caller reporting fireworks/gunshots in the area. Officer located subjects with fireworks and confiscated them. 7:23 p.m., 600 Block N Hemlock. Assist other agency. Officer assist- ed on scene with reported odor of natural gas. Dec. 31 11:16 a.m., 100 Block East Jackson. Unsecured premises. Report of open detached garage door. Checked ga- rageand nothing appeared to be amiss. Some construction materials in garage used for work on unoccupied home. Secured the gargage door. Assist other agency. Reported pos- sible chimney fire. Fire officer will keep an eye on and will notify if needs tone out. 10:41 p.m., 100 Block N. Larch St. Disturbance. Officer responded to report of intoxicated female back at door knocking. Officer gave courtesy ride to motel after much time. Jan. 1 10:43 p.m., 100 Block Orford 1:55 a.m., Seaside. Assist other agency. Officer assisted other agency on disturbance call. 1:57 a.m., 600 Block S Roosevelt. Assistance rendered. 11:31 a.m., 200 Block N. Hem- lock. Assist other agency. Assisted Cannon Beach Fire Rescue with suicidal subject. 12:51 p.m., Second and Spruce. Dog complaint. Officer assisted with a dog that jumped out of a parked car. Dog was reunited with owner. Jan. 2 8 a.m., 100 Block East Gower. False alarm. 11:25 a.m., 200 blk N Hemlock. Property found. Found wallet turned in and later returned to owner. 4:27 p.m., Beach. Lost property. Re- port of a lost cell phone on beach. 6:46 p.m., 32 Highway 101. Assist other agency. Vehicle crashes into guard rail. 9:52 p.m., 21:52 100 Block N. Cannon Beach’s Largest Selection of Oregon and Washington Wine! UPCOMING TASTINGS Shack Hours Sun-Th urs • 11am to 5pm Fri-Sat • 11am to 6pm Tasting Room Hours Saturdays • 1 to 5pm Larch. Assistance rendered. Officer responded to report of intoxicated person not leaving hotel room. Officer advised subject left vol- untarily in a cab. Jan 16 • Northwest Reds Jan 23 • Wine Shack Favorites Jan 30 • Puffi n & Friends Feb 6 • Super Bowl Party Wines Feb 13 • Wines for Romance Feb 20 • Puffi n & Friends “Best Wine Shop on the Oregon Coast.” - Wine Julia 124 N. Hemlock, Cannon Beach - 503.436.1100 - www.beachwine.com We have the Sweetest Treats for your Valentine! NEW LISTING NEW LISTING HAYSTACK ROCK OCEAN FRONT RARE PRESIDENTIAL LOCATION ULTIMATE OCEAN FRONT BEACH HOUSE 1540 Forest Lawn Rd, Cannon Beach 163 W Washington, Cannon Beach 240 Beach St, Manzanita Situated high on the bluff, you will enjoy magnificent panorama of miles of ocean & beach surrounding Haystack Rock from this custom 4 bd, 4 ba home. Private stairway to the beach. CMLS#14-431 $2,850,000 Craig Weston 503-738-2838 Dana Weston 503-738-2839 Just 200’ to the beach, one block into town for shops & eateries Amenities incl: 2 decks plus patio, dog run, outdoor shower & fenced private yard w/soaker system. FOR DETAILS CALL 1-800-784-9541 EXT 200 Superb views up & down the coast! Original structure torn down to sand and newly built in 2010 by Mike Kirkland. Main house + guest apt above garage 3 bedrooms 2.5 baths total. FOR DETAILS CALL 1-800-784-9541 EXT 381 CMLS#16-8 $1,430,000 Jackie Weber 503-440-2331 CMLS#16-10 $1,050,000 Jackie Weber 503-440-2331 NEW PRICE ELEGANT, WHIMSICAL, COLORFUL! 131 W Jackson, Cannon Beach COME AND DO NOTHING BEAUTIFULLY APPOINTED OCEAN FRONT 3864 S Hemlock, Cannon Beach 3400 S Tolovana Inn, Cannon Beach This beautiful cottage has been taken down to exterior walls & rebuilt in 2013 by Coaster Construction: new foundation, electrical, plumbing, siding, heating. So much to see! This quality 4 bd, 3.5 ba home beckons you with its warmth, charm and comfort. Gener- ous, open kitchen, spacious, light filled with inviting stone fireplace. CMLS#15-1387 $730,000 Karen Meili 503-440-5806 CMLS#15-319 $675,000 Kate Merrell 503-739-2324 IMMENSE WHITEWATER OCEAN VIEW 140 Watts Way, Cannon Beach TRANQUIL ZEN SETTING 539 N Hemlock, Cannon Beach You can have it all. Ocean front living without the maintenance or worry. Use your units or let them make money! The Tolovana Inn features a pool, sauna, workout room, and conference rooms. CMLS#15-327 $349,000 Tina Chapman 503-440-9957 NEW LISTING Dream of the beach home you will build on this level lot by the ocean. All the property corners are flagged and the building footprint has been marked for maximum ocean view. CMLS#15-1446 $349,000 Karen Meili 503-440-5806 Pre-order CHOCOLATE DIPPED S STRAWBERRIE 4th for February 1 s) (limited supplie Valentine’s Day Balloons NOW Available!! Making Sweet Memories for over 50 Years! 2 LOCATIONS Downtown Cannon Beach 503-436-2641 Seaside Outlet Mall 503-738-7828 www.brucescandy.com This adorable John Kline home features a gentle rolling creek around the front. Two blocks to the beach, one block to the park. Vaulted ceiling in the master bedroom, with a jetted tub. CMLS#15-1708 $325,000 Tina Chapman 503-440-9957 MAGNIFICENT 5-ACRE PARCEL Highway 101, Cannon Beach Own a piece of Oregon homesteading history that has been in the sellerís family for genera- tions. Located near the spectacular Arcadia Beach with its unspoiled, tranquil beauty. CMLS#15-1312 $265,000 Kate Merrell 503-739-2324 Darel Grothaus 503-717-2814 NEW LISTING BEACH GETAWAY IN PRIVATE QUIETUDE 321 N Ocean Ave, Rockaway Beach Running creek & views of the woods, yet just a few minutes to the beach and all town amenities. Unique custom home, two fire- places. Much more. FORE DETAILS CALL 1-800-784-9541 EXT 490 CMLS#16-9 $245,000 Jackie Weber 503-440-2331 2+ ACRES HIGH ABOVE CANNON BEACH CANNON BEACH RIDGE CONDO Seascape Drive, Cannon Beach 420 Elk Creek Rd #201, Cannon Beach Here is your opportunity to build your ocean view dream home. Secluded yet close to the beach, midtown shops, galleries, restaurants. Surround- ed by trees, the sounds of breaking waves, elk, deer, eagles, native flora and fauna. Quiet 2BR/1BA located minutes from Haystack Rock and downtown Cannon Beach. There is plenty of off street parking; with an additional gravel parking lot and gravel pathway to your front door! CMLS#15-375 $215,000 Karen Meili 503-440-5806 CMLS#15-373 $209,000 Tina Chapman 503-440-9957 CANNON BEACH OFFICE GEARHART OFFICE 255 N. Hemlock, Ste. B1 • Cannon Beach, OR 97110 800/676-1176 • 503/436-1027 588 Pacific Way • Gearhart, OR 97138 800/275-7773 • 503/738-8522 Serving the Entire North Oregon Coast • www.WindermereOregonCoast.com
