2A • 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
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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.
"
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