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
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her criminal trial.
Smith, 42, is accused of
drugging and murdering
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to kill her teenager in Can-
non Beach in July 2014.
“I have met with Ms.
Smith on a number of occa-
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to this case,” Lynne Mor-
gan, Smith’s defense law-
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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
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Smith, an inmate in Til-
lamook County Jail, was
evaluated by the state’s
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adisegni after she refused
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Smith also met with Eliza-
beth Howell, the defense’s
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occasions. Results from
the mental health exam-
state of intruding into the
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mook County Sheriff’s Of-
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that included details relat-
ing to Smith’s interactions
with her defense team.
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refusal to be evaluated
on three occasions by the
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told Sgt. Roberts, “I can’t
do this. I don’t know what
is wrong. I’m sick and I’m
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noted that Smith’s behav-
ior had been noticeably
different since she re-
turned to custody from a
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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.
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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
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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-
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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-
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Morgan claims Smith does
case,” Morgan wrote.
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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.
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Larch. Assistance rendered. Officer
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Officer advised subject left vol-
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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
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