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, Ore., 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.
Smith lived in Vancouver for a time.
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 any more 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 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 on 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.
Marquis said the trial likely will be very emotional, with Smith’s surviving daughter testifying.
The two sides are expected back in court in late August for a status conference.
