Cannon Beach gazette. (Cannon Beach, Or.) 1977-current, March 11, 2016, Image 2

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Cannon Beach gazette., March 11, 2016, Page 2A, Image 2

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Newspaper Page Text2A • March 11, 2016 | Cannon Beach Gazette | cannonbeachgazette.com Jessica Smith lawyers seek to suppress some evidence in trial counter dental gel on Alana’s neck, then cut her neck causing her to bleed profusely. Smith then drugged and drowned her 2-year-old daughter, Is- abella, the prosecution says. At some point early in the morning of Aug. 1, 2014, Marquis wrote, Smith abandoned the hotel room. She left be- hind both a cellphone and electronic By Kyle Spurr tablet along with the access codes. EO Media Group Housekeeping staff used their mas- ter key card to enter the room at about Lawyers in the Jessica Smith case EO MEDIA GROUP/FILE PHOTO 9:30 a.m., but a voice told them to go are at odds over how the incident was investigated. Jessica Smith is led into a status away. The staff could hear the person, Smith, 42, is the mother charged hearing at the Clatsop County ODWHULGHQWL¿HGDV$ODQDVOLSSLQJDQG falling. Staff became concerned and with drugging and drowning her tod- Courthouse in October. called Cannon Beach Fire and ambu- dler and attempting to kill her teenag- er in a Cannon Beach resort July 31, this week saying a search warrant was lance personnel, who arrived 10 min- applied and issued for the hotel room, utes later. 2014. Cannon Beach Police Chief Ja- +HUGHIHQVHODZ\HUV¿OHGDPRWLRQ and Smith was repeatedly advised of VRQ6FKHUPHUKRUQWKH¿UVWRI¿FHUWR asking the court to suppress evidence her rights. Marquis said he plans to present respond, will testify he saw Isabella, collected the next day from a search of the Surfsand Resort room where the multiple witnesses during three days who appeared lifeless and posed, and children were found, because they say of hearings beginning April 26 in Alana, who was seriously injured. An arrest warrant was issued for such entry, searches and questioning Clatsop County Circuit Court to con- Smith on Aug. 2, 2014. were made without a warrant. In ad- ¿UPWKHGHWDLOVRIWKHFDVH A day later, a U.S. Coast Guard dition, the defense claims Smith was MH-60 helicopter spotted Smith near illegally interrogated by law enforce- The details ment on Aug. 3, 2014. According to Marquis’ response, her gold 2007 Chevy Suburban on a As a result, the defense lawyers the state will present evidence alleg- heavily forested logging road, just off David Falls and Lynne Morgan claim, LQJ WKDW 6PLWK PDGH VSHFL¿F SODQV of U.S. Highway 26, about 15 miles the evidence is tainted and cannot be to drug her daughters and used razor east of Cannon Beach. Smith appeared unharmed and in used at trial. blades to cut the throat and arms of her remarkably good shape, according to Clatsop County District Attorney 13-year-old daughter, Alana. -RVK0DUTXLV¿OHGDZULWWHQUHVSRQVH Smith allegedly placed over-the- the state’s evidence. Defense claims evidence should be suppressed in murder However, the defense claims in their motion that law enforcement had learned of Smith’s intentions to end her own life in the forest. She was found in great distress, living out of her vehicle, without food and drinking water from a stream, according to the defense. Marquis wrote the evidence will VKRZ WKDW DUUHVWLQJ RI¿FHUV RIIHUHG food and drink, but she initially re- jected the items that were not veg- etarian. 7KHWKUHHODZHQIRUFHPHQWRI¿FHUV who were with Smith from her arrest to booking will testify in April. The state also plans to present a written transcript, video and audio recordings of Smith’s statements. ³$V WKH UHFRUGLQJV ZLOO FRQ¿UP the nature of the questioning was po- lite, civil, even light-hearted on the defendant’s part at times,” Marquis wrote. unable to aid and assist in her own defense. While she is claiming memory loss, 0DUTXLV SRLQWV RXW VKH KDG QR GLI¿- culty remembering her planning and execution of the actions that led to her daughter, Isabella’s, death and to Ala- na’s serious injuries. “She manifested no evidence of any serious thought or mental disorder,” Marquis wrote. A status hearing to address the re- sults of the evaluation is set for later this month. ,I6PLWKLVGHHPHGXQ¿WWRSURFHHG the judge will send her to the Oregon State Hospital. In that case, the upcom- ing April hearing and June trial may be postponed. Smith had a consultation Feb. 1 with Clatsop Behavioral Healthcare, the county’s mental health provider, to de- termine if the county has the expertise available to treat Smith if she is found XQ¿WWRSURFHHGUDWKHUWKDQVHQGLQJKHU Aid and assist to the Oregon State Hospital. Clatsop Behavioral Healthcare con- A court-appointed psychologist is HYDOXDWLQJ 6PLWK¶V PHQWDO ¿WQHVV WR cluded it does not have the resources proceed in her criminal trial. Smith available. pleaded not guilty to aggravated “There are no known Community murder and attempted aggravated Restoration Programs in either Tilla- murder. She recently told the state- mook or Clatsop County to assist this hired psychologist she had “little client with the ability to aid and assist to no memory of the events of July in her own defense,” the agency con- 31, 2014.” Her lawyers claim she is cluded. CANNON BEACH POLICE LOG Feb. 7 8:11 p.m.: Highway 101/37. Driving complaint. Out of position, passed on to Oregon State Police. 8:19 p.m.: 800 Block Ocean Ave. Assist Cannon Beach Fire and Res- cue with male fall patient. Patient refusal. Feb. 8 12:27 a.m.: 72000 Block Highway 101. Unsecure premise. Fire de- partment east door open, building searched and door secured. dence. Alarm company deactivated alarm remotely. 2:53 a.m.: 1100 Block N. Roosevelt Drive. Assisted Seaside Police Depart- ment with an alarm call at Cleanline Surf Shop. Feb. 9 6:20 a.m.: Spruce/E. Madison. Sub- ject(s) warned for unlawful lodging. 9:26 a.m.: 200 Block N. Hemlock. Wallet found and returned to own- er by mail. 6:45 a.m.: 1600 Block S. Roosevelt Drive. Missing person. Report of miss- ing juvenile in Seaside. Contacted father and was advised he was not where he was supposed to be. Shortly after, minor showed up and was okay. 8:58 a.m.: 100 Block E. Chisana. Parking complaint. Complaint of con- struction vehicles parking blocking traﬃc on street. Oﬃcer arrived and no construction vehicles were present. 11:33 a.m.: 200 Block Noatak. Alarm false. Alarm sounding, arrived and found painter waiting outside resi- 6:51 a.m.: 3400 Block S. Hemlock. Two-year-old child escaped playpen and room while parents were sleep- ing. Child was reunited with parents. 10:53 a.m.: 700 Block Ave. B. Suspi- cious circumstances in Seaside. Report of male knocking on woman’s door, asking for a place to stay the night. After contacting the female and given a description of the male, oﬃcers were unable to locate him. There was no further incident that night. " Steve Azar Deana Carter & Pelican Brewing Company is coming to Cannon Beach and we want YOU on our TEAM! HIRING MEET & GREET March 12th 10:00 AM – 2:00 PM 1371 SW Hemlock, Cannon Beach 97110 Fill out an application, interview with a manager, meet our Team Pelican! Competitive wages, Paid time off, Part time and Full time SRVLWLRQV.VDYLQJVSODQ0HGLFDODQG'HQWDOEHQÀWV Assistant Kitchen Managers, Line Cooks, Dishwashers, Front of House Managers, Servers, Bartenders, Hosts, Bussers, DSSO\WRGD\ZZZ\RXUOLWWOHEHDFKWRZQFRPHPSOR\PHQW &DOO6WHSKDQLHH[W 239 N. Hemlock • Cannon Beach • 503.436.0208 ! ! ! " ! ! Coastal Advantage 503.436.1777 • Coastal Advantage.com Alaina Giguiere Marty Giguiere Owner/Principal Broker c: 503.440.3202 f: 877.812.1126 e: alainagiguiere@mac.com Owner/Broker c: 503.440.7676 o: 503.43t6.1777 e: mr007@pacifi er.com Susan Tone Maryann Sinkler Andrea Mace Jason Wallis Broker c: 503.354.4072 e: suanetone@nehalemtel.net Broker c. 503.440.9280 e: maryanns@remax.net Broker c. 503-440-4024 e: Andrea.k.mace@remax.net Broker c. 503-440-7779 e: Jasonwallis@remax.net Egrane Brown Broker c: 503.440.1648 e: egranebrown@gmail.com /REMAXCoastalAdvantage “Our Featured Properties” • Please visit our website to view all our properties! 1868 PACIFIC ST. 32774 PICTURE WINDOWS LN 780 OAK ST. 8730 BRAERIDGE 89287 PINEHURST RD SOLD NEW LISTING Cannon Beach • $3,400,000 Cannon Beach • $2,950,000 Cannon Beach • $2,650,000 Manzanita • $1,195,000 Gearhart • $995,000 8100 LEAWARD WAY OCEANVIEW MASTERPIECE OCEAN FRONT COTTAGE 79432 RAY BROWN RD 25 PORTLAND NEW PRICE Keahkahnie Medows • $969,900 Cannon Beach • $949,000 Arch Cape • $720,000 Cove Beach •$675,000 Manzanita • $649,000 4488 S HEMLOCK 8205 NEHALEM RD 238 VISTA DEL MAR 4241 S HEMLOCK 123 S HEMLOCK (CONDO) NEW PRICE SALE PENDING Cannon Beach • $649,000 Manzanita • $529,000 Cannon Beach • $479,000 Cannon Beach • $439,000 Cannon Beach • $419,000 3664 S HEMLOCK 82657 HAMLET ROAD (47+ ACRES) 594 DORCAS LN 644 SPRUCE 33965 COLES LN NEW LISTING SALE PENDING Cannon Beach • $398,000 Seaside • $389,000 409 KIMBERLY COURT 9195 PELICAN SALE PENDING Cannon Beach • $319,000 Manzanita • $369,000 SCAN HERE to go to our website Manzanita • $295,000 NOW WITH 2 LOCATIONS TO SERVE YOU! 219 N. 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