Jul 27, 2017
Chad Smith's teen step daughter first witness to testify in his alleged sexual abuse case involving two minor victims
It finally got going around 10:40 a.m. and is expected to continue all day. The first witness to testify was Jane Doe #1, Smith's stepdaughter, who is still on the stand.
After lunch, Jane Doe 2 testified and then Chad Smith's wife Amy, mother of Jane Doe testified.
The preliminary continues tomorrow at 9 a.m.
Smith is charged with 13 counts. Except for Count 1, 2, 10-13; all other counts have special allegations.
The case is being prosecuted by Deputy District Attorney Stacey Eads. Smith is represented by Deputy Public Defender Jennifer Dixon.
Eight family members and five members of Bikers Against Child Abuse were present in court this morning to support Jane Doe #1.
(Charges listed in detail below)
Counts 1 and 2 are PC 288.7 (b) Oral copulation or penetration with a child who was 10 years of age or younger. Alleged victim Jane Doe #1.
Counts 3 -7 are PC 288 (a) Lewd or Lascivious Acts Upon a Child. Counts 3-5 have two special allegations. Count 6 and 7 three special allegations. Alleged victim Jane Doe 1.
Count 8 is Lewd Act Upon a Child PC 288 (c) 1:" Any person who commits an act described in subdivision (a) with the intent described in that subdivision, and the victim is a child of 14 or 15 years, and that person is at least 10 years older than the child, is guilty of a public offense and shall be punished by imprisonment in the state prison for one, two, or three years, or by imprisonment in a county jail for not more than one year. "
Count 8 has three special allegations. Alleged victim Jane Doe # 1.
Count 9 is Lewd Act Upon a Child PC 288 (a):(a) Except as provided in subdivision (i), any person who willfully and lewdly commits any lewd or lascivious act, including any of the acts constituting other crimes provided for in Part 1, upon or with the body, or any part or member thereof, of a child who is under the age of 14 years, with the intent of arousing, appealing to, or gratifying the lust, passions, or sexual desires of that person or the child, is guilty of a felony and shall be punished by imprisonment in the state prison for three, six, or eight years.
Count 9, two special allegations. Alleged victim Jane Doe #2.
Count 10-13 are misdemeanors Disobeying Domestic Relatons Order. PC 273.6 (a): 273.6. (a) "Any intentional and knowing violation of a protective order, "
The two special allegations are:
The three special allegations are: