ISABELLA SMITH (13 yo ALANA critically wounded) - 2 yo (8/14) - / Charged: Mother; Jessica Smith - Cannon Beach, OR
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ISABELLA SMITH (13 yo ALANA critically wounded) - 2 yo (8/14) - / Charged: Mother; Jessica Smith - Cannon Beach, OR
Toddler found dead with wounded sister inside Oregon hotel room: police
The girls’ mother, 40-year-old Jessica Smith of Goldendale, Wash., is wanted by police for questioning after checking into the beachside resort on Wednesday.
BY Nina Golgowski
NEW YORK DAILY NEWS
Friday, August 1, 2014, 9:53 PM
A manhunt is underway for the mother of a toddler who was found dead inside an Oregon hotel room along with her severely injured 13-year-old sister.
A housekeeper at the Surfsand Resort in Cannon Beach made the shocking discovery of the two unattended children around 9:40 a.m. Friday, said police at a press conference.
The girls’ mother, 40-year-old Jessica Smith of Goldendale, Wash., is described as a person of interest in the case and wanted for questioning after checking into the beachside resort on Wednesday.
She's believed to be driving a gold 2007 Chevy Suburban SUV with Washington places reading APX3141.
Cannon Beach Police Department Smith may be driving this 2007 Chevrolet Suburban with Washington plates reading: APX3141
Scott Thoms via Flickr A housekeeper at the Surfsand Resort at Cannon Beach, pictured, discovered the two children Friday morning, according to police.
The 2-year-old girl's death is currently under investigation while the older sister is said to have suffered "critical cuts" to her body.
She was treated at the scene before being flown by life flight to a Portland hospital where she underwent surgery.
Smith’s husband had filed for divorce on June 30 before she filed a restraining order against him on July 17, reported KPTV.
Anyone with information is asked to call police at (503) 436-2811.
http://www.nydailynews.com/news/national/toddler-found-dead-sister-wounded-oregon-hotel-cops-article-1.1889213
The girls’ mother, 40-year-old Jessica Smith of Goldendale, Wash., is wanted by police for questioning after checking into the beachside resort on Wednesday.
BY Nina Golgowski
NEW YORK DAILY NEWS
Friday, August 1, 2014, 9:53 PM
A housekeeper at the Surfsand Resort in Cannon Beach made the shocking discovery of the two unattended children around 9:40 a.m. Friday, said police at a press conference.
The girls’ mother, 40-year-old Jessica Smith of Goldendale, Wash., is described as a person of interest in the case and wanted for questioning after checking into the beachside resort on Wednesday.
She's believed to be driving a gold 2007 Chevy Suburban SUV with Washington places reading APX3141.
Cannon Beach Police Department Smith may be driving this 2007 Chevrolet Suburban with Washington plates reading: APX3141
Scott Thoms via Flickr A housekeeper at the Surfsand Resort at Cannon Beach, pictured, discovered the two children Friday morning, according to police.
The 2-year-old girl's death is currently under investigation while the older sister is said to have suffered "critical cuts" to her body.
She was treated at the scene before being flown by life flight to a Portland hospital where she underwent surgery.
Smith’s husband had filed for divorce on June 30 before she filed a restraining order against him on July 17, reported KPTV.
Anyone with information is asked to call police at (503) 436-2811.
http://www.nydailynews.com/news/national/toddler-found-dead-sister-wounded-oregon-hotel-cops-article-1.1889213
Last edited by twinkletoes on Wed Aug 13, 2014 10:44 pm; edited 11 times in total (Reason for editing : To undo edit by meddler)
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Re: ISABELLA SMITH (13 yo ALANA critically wounded) - 2 yo (8/14) - / Charged: Mother; Jessica Smith - Cannon Beach, OR
Police arrest mother suspected of killing toddler at Oregon hotel
Published August 04, 2014
This image provided by Cannon Beach Wash. Police Department shows an undated photo of Jessica Smith, 40. A hotel housekeeper discovered an injured 13-year-old girl and the body of her 2-year-old sister at an inn on the Oregon Coast on Friday,Aug. 1, 2014 and police were searching for their mother.AP/Cannon Beach Police Department
Police in Oregon have arrested the mother of a toddler who was found dead Friday morning at a coastal resort.
KPTV reported that Jessica Smith, 40, of Goldendale, Wash., was taken into custody Sunday afternoon. At a late-night press conference, police said that Smith was found on a logging road off state Highway 26, approximately 15 miles from the resort at Cannon Beach. Investigators said Smith did not have a weapon and did not appear to be hurt. Authorities would not discuss her demeanor or whether she said anything to the arresting officers.
Earlier Sunday, an aggravated murder arrest warrant had been issued for Smith. Police have previously said that there were no other suspects in the case. Smith is expected to appear in court Monday to answer charges of aggravated murder and attempted aggravated murder.
Smith's two-year-old daughter, Isabella, was found dead by a housekeeper at the resort Friday morning. Isabella's thirteen-year-old sister, Alana, was also in the room and had suffered "critical cuts." She was being treated at a Portland hospital Sunday.
Investigators said the cause of Isabella Smith's death was unknown, but an autopsy had determined that it was a homicide. The results of a toxicology report are pending.
Court documents obtained by KPTV revealed that Jessica Smith's husband, Greg, had filed for divorce on June 30. She then filed a restraining order against him on July 17. Greg Smith's attorney, Nathan Petersen, told the station that Jessica Smith was supposed to hand the children off to their father for visitation the day they were found.
Petersen also said that Greg Smith had expressed concern about his ex-wife's mental state and had requested a psychological evaluation before a judge made a decision about who would have custody of the couple's daughters.
Cannon Beach Police Chief Jason Schermerhorn had said that the children's father had cooperated with investigators and been ruled out as a suspect.
http://www.foxnews.com/us/2014/08/04/police-reportedly-arrest-mother-suspected-killing-toddler-at-oregon-hotel/
Published August 04, 2014
This image provided by Cannon Beach Wash. Police Department shows an undated photo of Jessica Smith, 40. A hotel housekeeper discovered an injured 13-year-old girl and the body of her 2-year-old sister at an inn on the Oregon Coast on Friday,Aug. 1, 2014 and police were searching for their mother.AP/Cannon Beach Police Department
Police in Oregon have arrested the mother of a toddler who was found dead Friday morning at a coastal resort.
KPTV reported that Jessica Smith, 40, of Goldendale, Wash., was taken into custody Sunday afternoon. At a late-night press conference, police said that Smith was found on a logging road off state Highway 26, approximately 15 miles from the resort at Cannon Beach. Investigators said Smith did not have a weapon and did not appear to be hurt. Authorities would not discuss her demeanor or whether she said anything to the arresting officers.
Earlier Sunday, an aggravated murder arrest warrant had been issued for Smith. Police have previously said that there were no other suspects in the case. Smith is expected to appear in court Monday to answer charges of aggravated murder and attempted aggravated murder.
Smith's two-year-old daughter, Isabella, was found dead by a housekeeper at the resort Friday morning. Isabella's thirteen-year-old sister, Alana, was also in the room and had suffered "critical cuts." She was being treated at a Portland hospital Sunday.
Investigators said the cause of Isabella Smith's death was unknown, but an autopsy had determined that it was a homicide. The results of a toxicology report are pending.
Court documents obtained by KPTV revealed that Jessica Smith's husband, Greg, had filed for divorce on June 30. She then filed a restraining order against him on July 17. Greg Smith's attorney, Nathan Petersen, told the station that Jessica Smith was supposed to hand the children off to their father for visitation the day they were found.
Petersen also said that Greg Smith had expressed concern about his ex-wife's mental state and had requested a psychological evaluation before a judge made a decision about who would have custody of the couple's daughters.
Cannon Beach Police Chief Jason Schermerhorn had said that the children's father had cooperated with investigators and been ruled out as a suspect.
http://www.foxnews.com/us/2014/08/04/police-reportedly-arrest-mother-suspected-killing-toddler-at-oregon-hotel/
twinkletoes- Supreme Commander of the Universe With Cape AND Tights AND Fancy Headgear
- Job/hobbies : Trying to keep my sanity. Trying to accept that which I cannot change. It's hard.
Re: ISABELLA SMITH (13 yo ALANA critically wounded) - 2 yo (8/14) - / Charged: Mother; Jessica Smith - Cannon Beach, OR
No bail for mom accused of killing 2-year-old girl
© AP: Clatsop County Sheriff
37 min ago | By Associated Press
PORTLAND, Ore. (AP) — A woman going through a divorce and custody battle is accused of killing her 2-year-old daughter and severely cutting her teenage daughter at a popular inn on the northern Oregon coast, a crime that shocked tourists and residents.
Jessica Smith, 40, of Goldendale, Washington, was ordered held without bail Monday during her first court hearing, in which she appeared via a video feed from jail.
Her lawyer, William Falls, declined to comment, except to say the case would be tried in the courtroom, not the media.
Authorities began looking for Smith on Friday after a housekeeper at the Surfsand Resort in Cannon Beach found the body of Smith's 2-year-old daughter in a room.
The other daughter, age 13, was badly cut and taken to a Portland hospital for surgery, police said. She's expected to recover.
On Sunday, a Coast Guard helicopter spotted an SUV driven by Smith in the woods east of Cannon Beach, and authorities soon took her into custody.
The mother had been under a court order to turn over the children to their father, Greg Smith, at 5 p.m. Friday, the day the girls were found in the hotel room, The Oregonian reported.
An autopsy concluded the toddler's death was a homicide, although it didn't determine the precise cause. Investigators were awaiting toxicology reports.
Smith faces charges of aggravated murder, which could lead to the death penalty, and attempted aggravated murder.
At the hearing Monday, she sat at a table, said nothing and frequently looked down. She did not enter a plea, and her next court appearance is scheduled for Aug. 12.
Smith checked into the Cannon Beach lodging Wednesday.
She and Greg Smith separated in April after 17 years of marriage, according to news reports. Greg Smith filed for divorce in June and sought shared custody of the children.
Court records show Greg Smith obtained a temporary court order that prevented Jessica Smith from taking their children from the Washington area, or the Portland-Vancouver area, The Oregonian reported.
Greg Smith's attorney, Nathan Petersen, told the newspaper a judge had ordered that Greg Smith be granted limited parenting rights starting Aug. 1. A parenting plan set out in court records shows he was to have the children from Friday evening through Sunday night every other weekend.
According to The Oregonian, Greg Smith in July received worrisome text and voice messages from Jessica Smith and the teenage daughter. He requested that a psychologist conduct an evaluation of where the children should be placed.
Greg Smith wrote in court papers that the teen sounded in a voice message she left for him as though she was "reading from something that Jessica scripted," making statements like "I'm so sick I can hardly talk," and "It's terrifying and cruel of you not to respect us."
According to The Oregonian, the father wrote in the court records that he had a positive relationship with his daughters and did not understand "why Jessica is manipulating our children into believing otherwise."
On Sunday, Greg Smith's family released a statement through the FBI thanking law enforcement and others for their help.
"We are extremely grateful for the outpouring of sympathy and support from Cannon Beach and the surrounding communities," the statement said.
Cannon Beach is a popular weekend getaway for people from the Portland region, about 80 miles away. It features galleries, shopping and scenic seascapes.
http://news.yahoo.com/no-bail-mom-accused-killing-2-old-girl-230323770.html
© AP: Clatsop County Sheriff
37 min ago | By Associated Press
PORTLAND, Ore. (AP) — A woman going through a divorce and custody battle is accused of killing her 2-year-old daughter and severely cutting her teenage daughter at a popular inn on the northern Oregon coast, a crime that shocked tourists and residents.
Jessica Smith, 40, of Goldendale, Washington, was ordered held without bail Monday during her first court hearing, in which she appeared via a video feed from jail.
Her lawyer, William Falls, declined to comment, except to say the case would be tried in the courtroom, not the media.
Authorities began looking for Smith on Friday after a housekeeper at the Surfsand Resort in Cannon Beach found the body of Smith's 2-year-old daughter in a room.
The other daughter, age 13, was badly cut and taken to a Portland hospital for surgery, police said. She's expected to recover.
On Sunday, a Coast Guard helicopter spotted an SUV driven by Smith in the woods east of Cannon Beach, and authorities soon took her into custody.
The mother had been under a court order to turn over the children to their father, Greg Smith, at 5 p.m. Friday, the day the girls were found in the hotel room, The Oregonian reported.
An autopsy concluded the toddler's death was a homicide, although it didn't determine the precise cause. Investigators were awaiting toxicology reports.
Smith faces charges of aggravated murder, which could lead to the death penalty, and attempted aggravated murder.
At the hearing Monday, she sat at a table, said nothing and frequently looked down. She did not enter a plea, and her next court appearance is scheduled for Aug. 12.
Smith checked into the Cannon Beach lodging Wednesday.
She and Greg Smith separated in April after 17 years of marriage, according to news reports. Greg Smith filed for divorce in June and sought shared custody of the children.
Court records show Greg Smith obtained a temporary court order that prevented Jessica Smith from taking their children from the Washington area, or the Portland-Vancouver area, The Oregonian reported.
Greg Smith's attorney, Nathan Petersen, told the newspaper a judge had ordered that Greg Smith be granted limited parenting rights starting Aug. 1. A parenting plan set out in court records shows he was to have the children from Friday evening through Sunday night every other weekend.
According to The Oregonian, Greg Smith in July received worrisome text and voice messages from Jessica Smith and the teenage daughter. He requested that a psychologist conduct an evaluation of where the children should be placed.
Greg Smith wrote in court papers that the teen sounded in a voice message she left for him as though she was "reading from something that Jessica scripted," making statements like "I'm so sick I can hardly talk," and "It's terrifying and cruel of you not to respect us."
According to The Oregonian, the father wrote in the court records that he had a positive relationship with his daughters and did not understand "why Jessica is manipulating our children into believing otherwise."
On Sunday, Greg Smith's family released a statement through the FBI thanking law enforcement and others for their help.
"We are extremely grateful for the outpouring of sympathy and support from Cannon Beach and the surrounding communities," the statement said.
Cannon Beach is a popular weekend getaway for people from the Portland region, about 80 miles away. It features galleries, shopping and scenic seascapes.
http://news.yahoo.com/no-bail-mom-accused-killing-2-old-girl-230323770.html
twinkletoes- Supreme Commander of the Universe With Cape AND Tights AND Fancy Headgear
- Job/hobbies : Trying to keep my sanity. Trying to accept that which I cannot change. It's hard.
Re: ISABELLA SMITH (13 yo ALANA critically wounded) - 2 yo (8/14) - / Charged: Mother; Jessica Smith - Cannon Beach, OR
I'm sorry for the 13 year old girl - another victim of divorce. Wonder why the father filed?
ladibug- Supreme Commander of the Universe With Cape AND Tights AND Fancy Headgear
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Re: ISABELLA SMITH (13 yo ALANA critically wounded) - 2 yo (8/14) - / Charged: Mother; Jessica Smith - Cannon Beach, OR
From her actions, she was an evil bitch and difficult to live with. I'm sure he did not know the extent of her evilness.
We may never know, but this woman is clearly an evil bitch who attempted to murder her own children to punish a man who no longer wanted her. She was only partially successful.
She was likely a terror to live with. A real bitch, so selfish she would murder her own children to punish the man who no longer wanted her.
Sounds like her ex knew she was evil but never suspected she would sacrifice her kids to punish him for no longer wanting her.
We may never know, but this woman is clearly an evil bitch who attempted to murder her own children to punish a man who no longer wanted her. She was only partially successful.
She was likely a terror to live with. A real bitch, so selfish she would murder her own children to punish the man who no longer wanted her.
Sounds like her ex knew she was evil but never suspected she would sacrifice her kids to punish him for no longer wanting her.
twinkletoes- Supreme Commander of the Universe With Cape AND Tights AND Fancy Headgear
- Job/hobbies : Trying to keep my sanity. Trying to accept that which I cannot change. It's hard.
Re: ISABELLA SMITH (13 yo ALANA critically wounded) - 2 yo (8/14) - / Charged: Mother; Jessica Smith - Cannon Beach, OR
Coast Guard releases video of Jessica Smith capture
By Dan Cassuto, KATU News and KATU.com Staff
Published: Aug 5, 2014 at 6:47 PM PDT
Last Updated: Aug 6, 2014 at 12:10 PM PDT
ASTORIA, Ore. – A U.S. Coast Guard helicopter crew spotted a woman wanted for killing her 2-year-old daughter and for the attempted murder of her teenage daughter and helped lead authorities to her location.
Jessica Smith was arrested Sunday, two days after police around the Northwest started searching for her.
The Coast Guard released video from the helicopter Tuesday. It showed the helicopter crew spotting Smith from the air and then her arrest by police.
Smith was hiding on a remote logging road 15 miles east of Cannon Beach.
The MH-60 Jayhawk helicopter took off from the Coast Guard’s air station in Astoria and searched for hours just above the tree tops. Then the pilot pulled up to 1,000 feet because they were done searching for the day. That’s when a mechanic looked out the window and, even at that altitude, saw a truck. A few moments later a woman got out.
The crew thought the woman wasn’t trying to hide or run away; instead, they thought Smith was trying to get their attention.
There were five people on the aircraft. Petty Officer Blair Petterson was the first to spot the gold truck.
“(I) requested the pilot to circle back around to get a better look,” he said Tuesday.
“It’s amazing that he was able to spot the vehicle like he did,” said pilot Lt. Cmdr. Josh Nelson, “because even after we knew where the vehicle was, and I was orbiting around the vehicle, I had trouble keeping it in sight. The gold vehicle really blended in.”
Petterson said after the helicopter hovered above the vehicle, Smith got out of it.
The crew couldn’t land because of the ruggedness of the terrain; instead, the Coast Guard crew guided deputies to the spot, but even they got lost for a time.
The helicopter’s camera was recording when deputies found the spot and arrested Smith.
“The chances of us coming back the route that we were coming direct from where we finished our search to here at Astoria, flying right over where she was (were) astronomical,” Nelson said.
The crew had no way to talk to Smith so they dropped a message down to her in a small plastic bag weighted down by sand. The message said: “Help is on the way.”
Smith sat down and waited. A few minutes later deputies arrived.
http://www.katu.com/news/local/Coast-Guard-releases-video-of-Jessica-Smith-capture-270086451.html?tab=video&c=y
By Dan Cassuto, KATU News and KATU.com Staff
Published: Aug 5, 2014 at 6:47 PM PDT
Last Updated: Aug 6, 2014 at 12:10 PM PDT
ASTORIA, Ore. – A U.S. Coast Guard helicopter crew spotted a woman wanted for killing her 2-year-old daughter and for the attempted murder of her teenage daughter and helped lead authorities to her location.
Jessica Smith was arrested Sunday, two days after police around the Northwest started searching for her.
The Coast Guard released video from the helicopter Tuesday. It showed the helicopter crew spotting Smith from the air and then her arrest by police.
Smith was hiding on a remote logging road 15 miles east of Cannon Beach.
The MH-60 Jayhawk helicopter took off from the Coast Guard’s air station in Astoria and searched for hours just above the tree tops. Then the pilot pulled up to 1,000 feet because they were done searching for the day. That’s when a mechanic looked out the window and, even at that altitude, saw a truck. A few moments later a woman got out.
The crew thought the woman wasn’t trying to hide or run away; instead, they thought Smith was trying to get their attention.
There were five people on the aircraft. Petty Officer Blair Petterson was the first to spot the gold truck.
“(I) requested the pilot to circle back around to get a better look,” he said Tuesday.
“It’s amazing that he was able to spot the vehicle like he did,” said pilot Lt. Cmdr. Josh Nelson, “because even after we knew where the vehicle was, and I was orbiting around the vehicle, I had trouble keeping it in sight. The gold vehicle really blended in.”
Petterson said after the helicopter hovered above the vehicle, Smith got out of it.
The crew couldn’t land because of the ruggedness of the terrain; instead, the Coast Guard crew guided deputies to the spot, but even they got lost for a time.
The helicopter’s camera was recording when deputies found the spot and arrested Smith.
“The chances of us coming back the route that we were coming direct from where we finished our search to here at Astoria, flying right over where she was (were) astronomical,” Nelson said.
The crew had no way to talk to Smith so they dropped a message down to her in a small plastic bag weighted down by sand. The message said: “Help is on the way.”
Smith sat down and waited. A few minutes later deputies arrived.
http://www.katu.com/news/local/Coast-Guard-releases-video-of-Jessica-Smith-capture-270086451.html?tab=video&c=y
mom_in_il- Supreme Commander of the Universe With Cape AND Tights AND Fancy Headgear
Re: ISABELLA SMITH (13 yo ALANA critically wounded) - 2 yo (8/14) - / Charged: Mother; Jessica Smith - Cannon Beach, OR
Mother accused of killing 2-yr-old child smiles, winks during court appearance
POSTED 8:47 PM, AUGUST 12, 2014, BY AP WIRE
ASTORIA, Ore. — A woman accused of killing her 2-year-old child before trying to slit her teenage daughter’s throat has pleaded not guilty to murder and attempted murder.
Jessica Smith appeared by video in Clatsop County Circuit Court in Oregon on Tuesday.
She smiled throughout the hearing. When asked whether she understood that she would not be released before a Sept. 30 court date, she winked.
Police say the 40-year-old from Washington state drove her daughters to a resort in Cannon Beach, Oregon, before her husband prepared to seek custody of the children.
Smith checked in July 30, and a cleaning crew found the toddler’s body and the injured teenager Aug. 1.
Smith’s attorney says the case is complex and he needs time to prepare Smith’s defenses, including one potentially based on her mental health.
http://fox4kc.com/2014/08/12/mother-accused-of-killing-2-yr-old-child-smiles-winks-during-court-appearance/
POSTED 8:47 PM, AUGUST 12, 2014, BY AP WIRE
ASTORIA, Ore. — A woman accused of killing her 2-year-old child before trying to slit her teenage daughter’s throat has pleaded not guilty to murder and attempted murder.
Jessica Smith appeared by video in Clatsop County Circuit Court in Oregon on Tuesday.
She smiled throughout the hearing. When asked whether she understood that she would not be released before a Sept. 30 court date, she winked.
Police say the 40-year-old from Washington state drove her daughters to a resort in Cannon Beach, Oregon, before her husband prepared to seek custody of the children.
Smith checked in July 30, and a cleaning crew found the toddler’s body and the injured teenager Aug. 1.
Smith’s attorney says the case is complex and he needs time to prepare Smith’s defenses, including one potentially based on her mental health.
http://fox4kc.com/2014/08/12/mother-accused-of-killing-2-yr-old-child-smiles-winks-during-court-appearance/
mom_in_il- Supreme Commander of the Universe With Cape AND Tights AND Fancy Headgear
Re: ISABELLA SMITH (13 yo ALANA critically wounded) - 2 yo (8/14) - / Charged: Mother; Jessica Smith - Cannon Beach, OR
Jessica Smith, mother accused of killing daughter at Cannon Beach hotel, suffered mental 'implosion': lawyer
By Maxine Bernstein, The Oregonian/OregonLive
on May 12, 2015 at 1:55 PM
updated May 12, 2015 at 6:00 PM
A lawyer for Jessica Smith, the mother accused of killing her 2-year-old daughter and trying to kill her 13-year-old daughter in a Cannon Beach hotel room last summer, signaled Tuesday that his client's "mental issues'' would play a role at trial.
"There was an implosion. She had a mental breakdown,'' defense lawyer William D. Falls said in Clatsop County Circuit Court.
Smith, 41, has pleaded not guilty to allegations of aggravated murder stemming from the July 31 drowning death of her younger daughter, Isabella, and attempted aggravated murder in the slashing of 13-year-old Alana. A trial has been set for June 28, 2016.
Falls said he could not identify a specific diagnosis or an expert who will testify, but said information provided by the state from Smith's relatives suggested that Smith suffered from postpartum depression. Falls also has submitted articles on postpartum psychosis to the state, according to court records.
Smith's lawyers have said in court filings that she suffered a "disordered mental state'' at the time.
Clatsop County District Attorney Josh Marquis pressed for an answer about whether Smith's lawyers intend to try to alleviate the case against her by arguing that she suffered a "mental disease or defect'' at the time of the alleged offenses.
"I don't know if counsel was just being creative,'' Marquis said, adding that "disordered mental state'' is not the language used under state law.
Falls hesitated to offer anymore information. "I believe mental health issues are going to be involved in this case,'' Falls said. "I believe I have given my notice. It seems like they want it all laid out by us, and we're not going to do that.''
Fall assured the state that the defense hasn't uncovered anything of surprise.
"There is nothing new under the sun as to the facts of the case,'' Falls said. "The 'why?' we're still working out.''
The pretrial hearing also revealed at least two occasions of odd behavior by Smith while in custody at both the Clatsop County and Tillamook County jails. Testimony on her behavior in jail came as her lawyers urged the court to allow Smith to appear at trial next year free of any restraints.
Defense lawyer Lynne B. Morgan argued it was unnecessary "for a woman in her 40s, with no criminal record and no disciplinary write-ups in the jail,'' to wear any restraints at trial.
The state countered that Smith is classified by the Clatsop County Sheriff's Office as a maximum-security inmate. Her criminal charge and behavior in custody, not her gender, are factors in that determination, Marquis said.
Smith sat Tuesday between her two lawyers wearing a yellow Clatsop County inmate jumpsuit, with ankle restraints and a chain wrapped around her waist that was attached to her handcuffed wrists. The chain was loosened one one side Tuesday to allow Smith to take notes in court.
At trial, Smith will be allowed to wear civilian clothes. The state asked that Smith wear what's called a "stun cuff,'' which can be hidden around her ankle or a wrist during trial, as do all the county's maximum-security inmates.
Clatsop County jail commander Lt. Shelly Morgan, called by the state to the witness stand, said the stun cuffs are used to ensure the safety and security of the courtroom, the public and the sheriff's deputies.
Marquis said the trial likely will be very emotional, with Smith's surviving daughter testifying.
The jail commander also noted two unusual incidents involving Smith at the two county lockups.
mith had requested a second mattress while in custody at the Clatsop County Jail, claiming she had an issue with her back. When it became clear that she didn't need the mattress and jail officials took it away, Smith told officers that she couldn't walk and would crawl across the floor, Lt. Morgan testified.
At Tillamook County Jail, where Smith is currently being held, she also requested a second mattress, the lieutenant said. When it was removed from her cell there, she also crawled across the floor and claimed she was paralyzed, Lt. Morgan said.
Further, the state provided jail reports to the defense in which there was a report that Jessica Smith tried to flush her food down the toilet.
Smith did not say anything during the hour-and-a-half hearing. She quietly chatted with her attorneys, smiled at Judge Cindee S. Matyas when the judge entered the courtroom and took sips of water from a paper cup at the defense table.
Her lawyers also urged the court to bar the state from seeking the death penalty should Smith be convicted.
They argue that social norms have rejected the death penalty as acceptable, particularly if someone is suffering from a severe mental illness. Falls argued that the death penalty is unconstitutional and said it doesn't solve the nation's crime problems.
Marquis, who hasn't yet indicated whether the state will pursue the death penalty in this case, argued that capital punishment is allowed under state law.
Smith's lawyers also asked for additional discovery information from the state, questioning in particular whether Smith's ex-husband, Greg Smith, had remarried or had a girlfriend.
"A relationship between Greg Smith and any other woman during the time of this case is very significant,'' Falls argued.
After several testy exchanges between Falls and Marquis, Falls also indicated he may file a motion for a gag order be placed on any investigators or law enforcement agencies involved in the case and seek a change of venue. "I do not want this case tried in the newspaper,'' Falls said in court.
Marquis shrugged off what he called Falls' "bluster,'' and said anything that has appeared in the press was filed in the electronic court filing system.
"There is no such thing as a secret trial in our system,'' Marquis responded.
The two sides are expected back in court in late August for a status conference, and further motions are due Dec. 31. The judge said she'd issue her rulings in writing.
Cannon Beach Police Chief Jason Schermerhorn discovered the girls on a king-sized bed in Room 3302 of the Surfsand Resort on the morning of Aug. 1 after housekeepers had knocked on the door and noticed blood inside.
Isabella Smith died of asphyxiation by drowning after she was heavily sedated with an over-the-counter antihistamine, the state medical examiner ruled. Alana Smith suffered cuts to her neck and wrists and told medics that her mother had slit her throat and wrists with a razor blade, according to court documents.
Alana Smith told authorities that her parents had separated in April 2014. The children were set to have a visit with their father on the day they were discovered in the hotel room.
Smith was taken into custody in August on a logging road off U.S. 26 shortly after the girls were discovered and gave a detailed interview to an FBI agent about what happened. The interview was recorded and videotaped, according to court records and testimony.
http://www.oregonlive.com/pacific-northwest-news/index.ssf/2015/05/jessica_smith_mother_accused_o.html
By Maxine Bernstein, The Oregonian/OregonLive
on May 12, 2015 at 1:55 PM
updated May 12, 2015 at 6:00 PM
A lawyer for Jessica Smith, the mother accused of killing her 2-year-old daughter and trying to kill her 13-year-old daughter in a Cannon Beach hotel room last summer, signaled Tuesday that his client's "mental issues'' would play a role at trial.
"There was an implosion. She had a mental breakdown,'' defense lawyer William D. Falls said in Clatsop County Circuit Court.
Smith, 41, has pleaded not guilty to allegations of aggravated murder stemming from the July 31 drowning death of her younger daughter, Isabella, and attempted aggravated murder in the slashing of 13-year-old Alana. A trial has been set for June 28, 2016.
Falls said he could not identify a specific diagnosis or an expert who will testify, but said information provided by the state from Smith's relatives suggested that Smith suffered from postpartum depression. Falls also has submitted articles on postpartum psychosis to the state, according to court records.
Smith's lawyers have said in court filings that she suffered a "disordered mental state'' at the time.
Clatsop County District Attorney Josh Marquis pressed for an answer about whether Smith's lawyers intend to try to alleviate the case against her by arguing that she suffered a "mental disease or defect'' at the time of the alleged offenses.
"I don't know if counsel was just being creative,'' Marquis said, adding that "disordered mental state'' is not the language used under state law.
Falls hesitated to offer anymore information. "I believe mental health issues are going to be involved in this case,'' Falls said. "I believe I have given my notice. It seems like they want it all laid out by us, and we're not going to do that.''
Fall assured the state that the defense hasn't uncovered anything of surprise.
"There is nothing new under the sun as to the facts of the case,'' Falls said. "The 'why?' we're still working out.''
The pretrial hearing also revealed at least two occasions of odd behavior by Smith while in custody at both the Clatsop County and Tillamook County jails. Testimony on her behavior in jail came as her lawyers urged the court to allow Smith to appear at trial next year free of any restraints.
Defense lawyer Lynne B. Morgan argued it was unnecessary "for a woman in her 40s, with no criminal record and no disciplinary write-ups in the jail,'' to wear any restraints at trial.
The state countered that Smith is classified by the Clatsop County Sheriff's Office as a maximum-security inmate. Her criminal charge and behavior in custody, not her gender, are factors in that determination, Marquis said.
Smith sat Tuesday between her two lawyers wearing a yellow Clatsop County inmate jumpsuit, with ankle restraints and a chain wrapped around her waist that was attached to her handcuffed wrists. The chain was loosened one one side Tuesday to allow Smith to take notes in court.
At trial, Smith will be allowed to wear civilian clothes. The state asked that Smith wear what's called a "stun cuff,'' which can be hidden around her ankle or a wrist during trial, as do all the county's maximum-security inmates.
Clatsop County jail commander Lt. Shelly Morgan, called by the state to the witness stand, said the stun cuffs are used to ensure the safety and security of the courtroom, the public and the sheriff's deputies.
Marquis said the trial likely will be very emotional, with Smith's surviving daughter testifying.
The jail commander also noted two unusual incidents involving Smith at the two county lockups.
mith had requested a second mattress while in custody at the Clatsop County Jail, claiming she had an issue with her back. When it became clear that she didn't need the mattress and jail officials took it away, Smith told officers that she couldn't walk and would crawl across the floor, Lt. Morgan testified.
At Tillamook County Jail, where Smith is currently being held, she also requested a second mattress, the lieutenant said. When it was removed from her cell there, she also crawled across the floor and claimed she was paralyzed, Lt. Morgan said.
Further, the state provided jail reports to the defense in which there was a report that Jessica Smith tried to flush her food down the toilet.
Smith did not say anything during the hour-and-a-half hearing. She quietly chatted with her attorneys, smiled at Judge Cindee S. Matyas when the judge entered the courtroom and took sips of water from a paper cup at the defense table.
Her lawyers also urged the court to bar the state from seeking the death penalty should Smith be convicted.
They argue that social norms have rejected the death penalty as acceptable, particularly if someone is suffering from a severe mental illness. Falls argued that the death penalty is unconstitutional and said it doesn't solve the nation's crime problems.
Marquis, who hasn't yet indicated whether the state will pursue the death penalty in this case, argued that capital punishment is allowed under state law.
Smith's lawyers also asked for additional discovery information from the state, questioning in particular whether Smith's ex-husband, Greg Smith, had remarried or had a girlfriend.
"A relationship between Greg Smith and any other woman during the time of this case is very significant,'' Falls argued.
After several testy exchanges between Falls and Marquis, Falls also indicated he may file a motion for a gag order be placed on any investigators or law enforcement agencies involved in the case and seek a change of venue. "I do not want this case tried in the newspaper,'' Falls said in court.
Marquis shrugged off what he called Falls' "bluster,'' and said anything that has appeared in the press was filed in the electronic court filing system.
"There is no such thing as a secret trial in our system,'' Marquis responded.
The two sides are expected back in court in late August for a status conference, and further motions are due Dec. 31. The judge said she'd issue her rulings in writing.
Cannon Beach Police Chief Jason Schermerhorn discovered the girls on a king-sized bed in Room 3302 of the Surfsand Resort on the morning of Aug. 1 after housekeepers had knocked on the door and noticed blood inside.
Isabella Smith died of asphyxiation by drowning after she was heavily sedated with an over-the-counter antihistamine, the state medical examiner ruled. Alana Smith suffered cuts to her neck and wrists and told medics that her mother had slit her throat and wrists with a razor blade, according to court documents.
Alana Smith told authorities that her parents had separated in April 2014. The children were set to have a visit with their father on the day they were discovered in the hotel room.
Smith was taken into custody in August on a logging road off U.S. 26 shortly after the girls were discovered and gave a detailed interview to an FBI agent about what happened. The interview was recorded and videotaped, according to court records and testimony.
http://www.oregonlive.com/pacific-northwest-news/index.ssf/2015/05/jessica_smith_mother_accused_o.html
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