2A • April 22, 2016 | Cannon Beach Gazette | cannonbeachgazette.com
Rescued Gearhart turtle
dies despite medical care
Smith to go to state hospital for testing
Judge finds
reason to doubt
mental fitness
By Kyle Spurr
EO Media Group
A Clatsop County Circuit
Court judge ordered accused
murderer Jessica Smith be
sent to the Oregon State Hos-
pital to determine if she is
mentally ill or faking her be-
havior.
Judge Cindee Matyas
found there is reason to
doubt Smith¶s mental ¿tness
to proceed based on her re-
cent suicide attempt and an
inconclusive report from a
court-appointed psychologist.
The judge ordered Smith
stay at the state hospital for up
to a month to be evaluated and
observed. A court hearing that
was scheduled for later this
month was canceled.
After the hospital stay,
Smith will be transferred back
to Clatsop County Jail. A sta-
tus hearing is scheduled for
late May.
Judge Matyas previously
said in court that she has not
observed any unusual behav-
ior from Smith, but still ap-
pointed psychologist Brooke
Howard to do an independent
JOSHUA BESSEX/EO MEDIA GROUP
Jessica Smith is led into the Clatsop County Courthouse for
a status hearing in March.
evaluation after consider-
ing a defense expert’s claims
that Smith has severe mood
changes, abstract thinking and
reasoning and untreated men-
tal health issues.
Howard determined Smith
suffers from post-traumatic
stress disorder, but could not
conclude whether she is un-
able or unwilling to aid and
assist in her defense.
In her report, Howard rec-
ommended Smith be sent to
the state hospital for observa-
tion.
Both the prosecution and
defense have also requested
Smith be transferred to the
state hospital, but under dif-
ferent terms. Clatsop Coun-
ty District Attorney Josh
Marquis requested Howard
re-evaluate Smith at the state
hospital. Defense lawyers Da-
vid Falls and Lynne Morgan
asked the court to send Smith
for treatment, which would
take much longer than an
evaluation.
Marquis warned in court
that if Smith is sent for an in-
de¿nite stay for treatment, the
clock starts ticking, and after
three years the defense can
move to dismiss the case.
Smith’s mental ¿tness to
proceed is ultimately up to
Judge Matyas.
The judge will use the re-
port from a certi¿ed evaluator
at the state hospital to help
determine Smith’s mental
state.
The report is expected to
uncover whether Smith suf-
fers from a mental disease
or defect, and if she is able
to understand the nature of
the court proceedings. If she
is found to lack the ¿tness to
proceed, the report will offer
a recommendation for treat-
ment and services to restore
her capacity.
If the state hospital exam-
ination cannot be conducted
due to Smith’s unwillingness,
Matyas ordered, the report
should offer an opinion as to
whether the unwillingness
was a result of a mental dis-
ease.
Matyas further ordered that
the report should not make
¿ndings or conclusions re-
garding Smith’s mental state
during the alleged crimes.
Smith, 42, of Vancouver,
Washington, is accused of
murdering her toddler and at-
tempting to kill her teenager
at a Cannon Beach resort in
2014.
The trial is scheduled for
June 2017.
By Lyra Fontaine
Cannon Beach Gazette
A rescued olive ridley sea
turtle, found comatose and
hypothermic near Gearhart
in December, died while
completing her ¿nal rehabil-
itation stage before summer
release into the wild, the
Oregon Coast Aquarium re-
ported Wednesday, April 13.
Marine life experts at
SeaWorld’s Animal Rescue
Center discovered the tur-
tle in her rehabilitation pool
Tuesday morning.
The turtle, named “Thun-
der” and known for being
particularly large and strong,
was rescued after washing
ashore on Del Rey Beach af-
ter severe storms.
Thunder and another re-
habilitated sea turtle named
“Lightning,” found in 3aci¿c
City, were Àown to SeaWor-
ld in March from the Ore-
gon Coast Aquarium, which
initially cared for the turtles
after their December strand-
ings and rescues.
“Thunder didn’t appear to
be in that bad of shape, but
you never know what causes
them to strand until they’ve
been treated,” said Laura
Todd, a U.S. Fish & Wildlife
¿eld supervisor in 1ewport,
SUBMITTED PHOTO
Thunder, an olive ridley
turtle, died despite reha-
bilitation efforts.
adding that several olive
ridley turtles have been suc-
cessfully returned to the wild
after treatment in 1ewport.
“In this case, we thought she
was going to make it.”
However,
Thunder’s
problems became more ap-
parent after the move to Sea-
World.
An initial necropsy
showed that Thunder may
have had internal organ in-
juries, including in the liver
and heart, that contributed
to her death. She also had
stopped eating for some
time, which may have been
a symptom of a larger issue,
Todd said. An of¿cial nec-
ropsy report is not yet com-
plete.
Oregon Coast Aquarium,
where Thunder was cared for
and rehabilitated, is “very
upset” about the turtle’s
death, Todd said.
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