Written ruling on defense motion to dismiss Counts 1 and 2 in Chad Smith alleged molestation case expected in a week

A defense motion to set aside two counts in the Chad Smith alleged molestation case was scheduled today.

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 is Smith's stepdaughter.

The basis for the defense motion is that insufficient evidence was presented at the preliminary hearing regarding these two counts.

Yesterday, Deputy District Attorney Stacey Eads filed an opposition to the defense motion. Ms. Andrea Kaluna Sullivan was court appointed to represent Smith.

Both attorney's presented brief oral arguments. Ms. Sullivan's arguments reiterated points made in the defense motion and some additional remarks. Pages from the defense motion are linked below.

"I read the People's opposition and in their argument they say that my client digitally penetrated her when she was 10," said Ms. Sullivan.  "Initially, she said she couldn't remember. The prosecution tied (the digital penetration) to a life event when she was menstruating." Ms. Sullivan said that the prosecution did not establish Jane Doe was 10. Ms. Sullivan said that PC 288.7 (a) or(b) charges cannot be filed if the child is 11 years old. Since the prosecution did not establish Jane Doe was 10 at the time of the alleged event, "we are assuming was 11" in the defense motion.

Ms. Eads referred to page 14, line 24 of the transcript and page 15, lines 1-8. "It is accurate that she initially responded, I don't remember. " Ms. Eads mentioned Jane Doe's prelininary hearing testimony about when Smith allegedly started "rubbing" Jane Doe and when digital penetration occurred. Ms. Eads said Jane Doe responded, "I would still be 10" and "probably the same age."

Ms. Eads said that while Jane Doe could not remember when Smith made her "orally copulate him"  that through testimony where her family was living at the time and through EPD Detective Amber Cosetti's testimony, her age was determined to be 10 years old.

"I think People are trying to establish Jane Doe's answers and investigators' answers affirmative. I was probably 10" is not affirmative.

Judge Reinholtsen is going to look at the preliminary transcript and issue a written ruling, most likely within a week.

Yesterday's post:
https://johnchiv.blogspot.com/2018/07/if-funding-requests-are-approved-there.html?m=1

Previous post:
https://johnchiv.blogspot.com/2018/07/motion-filed-in-chad-smiths-alleged.html?m=1
(more details on the defense motion in this link)


This link has the information on all 13 counts.
https://johnchiv.blogspot.com/2017/06/chad-smith-to-be-arraigned-on-13-counts.html?m=1