Jul 27, 2017
Smith went into the kitchen, came back with "a box of saran wrap", wrapped his penis and took his pants off. "He put me on top of him and put his penis in me."
Jane Doe testified that the first time Chad Smith "touched her inappropriately", she was 10 years old.
"We were in my bedroom reading a book in my bed and he touched my private parts."
No one else was in the room.
"He touched my vagina." "Used his fingers." It "was skin on skin."
Jane Doe said she remembered the age so clearly because she had just started her period. Smith did not say anythung to her. She did not say anything to him. "He just eventually stopped" but stayed in the bedroom.
"He also penetrated me several times. He put his penis into my vagina." The first time this occurred, she was 11 years old. "We were in the living room at the Russell street home." Again, they were alone. They were watching TV and seated on the couch. Smith went into the kitchen, came back with "a box of saran wrap", wrapped his penis and took his pants off. "He put me on top of him and put his penis in me."
"I had a skirt on. He pulled my underwear to the side."
Deputy District Attorney Stacey Eads asked Jane Doe #1, "how did that make you feel?"
Jane Doe #1 said, "It felt good when he put his penis into my vagina." She said it was Smith's "idea to put his penis into my vagina. He used his hands and put it into my vagina."
Between the time Smith touched her in her bedroom and the first time he put his penis into her vagina, Jane Doe #1 said that Smith touched her "several times. He touched my vagina with his hands."
She was still 10 years old. Jane Doe #1 said Smith "used his fingers and rubbed her" the first time. Then, a few weeks later, he "penetrated her with his fingers."
The first time there was "finger penetration, it felt good and painful," said Jane Doe. "It happened a lot " when she was 10 years old.
At the Russell street house, she does not remember how old she was, but said " he put his penis in my butt more than one time."
Also at the Russell street house, she did not remember how old she was but that it was after the finger penetration, "he put my mouth on his penis."
"He pulled his penis out and pushed my head down to his penis." Before he took his penis out of her mouth, "he finished; he came; he had semen come out. I swallowed it."
Asked why she swallowed it, if she was told to do so, Jane Doe #1 said, "I thought that was what I was supposed to do."
At the Russell street house, more than once, "his mouth touched my vagina."
Another incident that happened when she was 10 years old was Smith coming home, intoxicated, "he put me on top of him and grinded me. He used his hips and I could feel his penis pressing on me." They both had their clothes on this time and "after, I think he stayed there with me."
Jane Doe #1 said she was 14 years old, "the last time he put his penis into her vagina. This was at the K street house.
There was also "sexual touching" at hotels, "the new one on Broadway and the one called the Penny saver in Crescent City."
She was 14 years old and "I remember he penetrated my vagina with his penis." The hotel stay in Eureka started when Chad Smith got into an argument with her mother, wanted to spend the night somewhere else and he took me with him."
After her mom and Smith decided to get a divorce and Smith moved out of the K stret house to his own place in Myrtletown, Jane Doe #1 visited him and stayed at his new home. "He penetrated my vagina with his penis on his own bed."
During one of those visits, her mom found a letter on her room. In the letter, Jane Doe #1 had written about her and Smith and what they did.
When her mom found the letter, Jane Doe #1 testified that she was "devastated because I thought I was in love with Chad Smith and I didn't want everything to end."
Her mom asked if the letter was "real and at that time, I told her no". Jane Doe said she also wasn't honest at the CAST interview because she thought she was in love with Smith and did not want him to get hurt.
After her mom found this letter, Jane Doe was not allowed to see or talk to Smith. Jane Doe said she was upset about these rules and did not follow them. She continued to communicate with Smith via facebook and email.
"We talked about what was going on in my life; why I could not see him."
"He told me to delete all my emails and told me to get my mom angry with me so I could live with him."
Smith set rules about what they could discuss. "We could not communicate about what happened because he didn't want to get caught." Smith told Jane Doe he would have to go to jail and "we would not be able to talk anymore and it would be my fault my brothers would not have a father anymore." Jane Doe said that made her feel terrible.
After her mom found emails, Jane Doe #1 shared some of what had happened between her and Smith, but "not everything." She told her mother about "putting his penis in my mouth".
Jane Doe said she did not share everything because "in my mind, I was still protecting him."
After telling her mom, she talked to her counselor. She also spoke with Detective Amber Cosetti at the CAST office and at another location.
Jane Doe didn't tell Det. Cosetti everything because she still protecting Smith. She just told Detective Cosetti about "putting his penis in my mouth."
She had three CAST interviews. At the second CAST interview, "I shared more than what I told Detective Cosetti." Jane Doe said she was able to share more because she had started "to heal" and she realized she was not in love with Smith and that she had been manipulated.
Smith came up with nicknames that they used "only when we were doing sexual things . He called me kitten and I called him Master."
Smith got her a "secret phone." She communicated on that phone until it was discovered by her mom and then via facebook and emails until her mom "caught them" on facebook.
Jane Doe said she saw Smith only once after her mom told her "not to" on a day she was voming home earlier from school and he told her to meet him at "the skate park in Eureka. We just talked and walked around
Smith told her how she "needed to get my mom angry" so she could live with him "and I needed to convince her nothing was going on."
When she was being homeschooled for two years, she worked at Surfside Burger Shack with Smith. Sexual activity occurred at the business in the mornings when no one else was around. In his office, Smith had a desk and a futon and a glass case. They would be on the futon and "he made me put my mouth on his penis."
"He would tell me to come into his office, pull down his pants, and tell me" to perform oral sex. This happened more than just once at the business and it happened when she was 12, 13 and 14 years old.
Smith told her that he would kill himself if she told anyone.
After her mom took her phone away, she could not communicate with Smith via facebook or emails or stay home by herself, and was "basically restricted"; she started to open up more to her mother and share about what happened and as the trust restablished between the two of them, her mom gave her more freedom.
Despite a restraining order forbidding contact, Smith drove by on his Corvette, one day when she was walking home from school and yelled, "I love you kitten." Jane Doe said that made her feel scared because she "did not know what else he would do."
When they were still communicating despite the restraining order, Smith suggested to Jane Doe that she go get a court order to "become emancipated" so she could move in with him. He got her the court papers and told her the process. The only plans for the future they had was for "her to get her GED". Smith told Jane Doe to be mean to her mom and to "break her down to get the restraining order removed."
One day, Jane Doe was watching her younger baby brother, Smith became angry with her, "pushed her to the ground and called her a cunt."
"This was after he molested you?" asked Deputy District Attorney Stacey Eads.
Jane Doe responded, "yes."