Chad Smith's brother was dating Jane Doe #2's mother and told Chad Smith "he was fucking his daughter " (Jane Doe #1)

At the preliminary hearing, Jane Doe #1 came across as the better witness. For the jury trial, Jane Doe #2  is the better witness.

Both Jane Doe #2 and her mother Patricia McBride- Costanzo were credible witnesses, with a couple of exceptions.



Jane Doe #2's testimony in court was consistent with her preliminary hearing testimony. The only minor difference today was that she said Chad Smith cursed but could not recall he said "Oh fuck."

During cross examination, it was revealed that Jane Doe #2's mother dated Chad Smith's brother Rick. Jane Doe #2 was not sure if they were dating when she disclosed to her mother that Chad Smith had touched her inappropriately.

Ms. Andrea Sullivan did ask some questions that were effective. It was evident from the visible reaction by Deputy District Attorney Stacey Eads and by her tone during redirect.

Ms. Sullivan asked Jane Doe #2  how she learned about repressed memory. Jane Doe #2 said she read it in books.

This referred to the second count for Jane Doe #2 in the preliminary hearing; not charged for the jury trial.

Initially, Jane Doe #2 only mentioned one incident to her mother; the inappropriate touching. The repressed memory was after she knew what happened to Jane Doe #1.

Jane Doe #2 testified at the preliminary that she thought it was an accident and maybe Chad Smith has mistaken her for his wife since they were similar in build. Then her mother told her that it wasn't an accident; the same thing happened to Jane Doe #1. This is exactly what McBride-Costanzo testified today in court.

Jane Doe #2 said today she believes the second incident happened at the sleepover. That is not what she said at the preliminary.

Jane Doe #2 said it was Jane Doe #1's idea where they slept during the sleepover. Her mother said it was Chad Smith's idea.

According to McBride-Costanzo, Jane Doe #2 told her therapist at first, then her. She called her ex husband. Jane Doe #2 said she told her mother, then her father.

The two biggest bombshells today were a remark made by Jane Doe #2's father and a remark by Chad Smith's brother.

McBride-Costanzo said when she called her ex husband, Jane Doe #2's father, "he told me to call the police but don't let our daughter be a pawn in the drama that is going on with those guys."

McBride-Costanzo was present at Amy Smith's home at her request when Amy Smith confronted Jane Doe #1 about the journal in her bedroom.

Amy Smith shared her suspicions with McBride-Costanzo about the alleged sexual abuse of her daughter by Chad Smith after the Smiths had "split up."

Amy Smith told McBride-Costanzo, "I am afraid he is fucking my daughter." McBride-Costanzo said Chad Smith's brother Rick, "told the defendant to his face that he was fucking his daughter (Jane Doe #1)."

Who will certain information benefit? The prosecution or will it bolster the defense claim that there was coordination between the two families?

Preliminary hearing post:

https://johnchiv.blogspot.com/2017/07/he-raped-me-he-was-my-friends-step-dad.html?m=1

Previous post:
https://johnchiv.blogspot.com/2019/04/how-can-you-think-your-daughter-and-i.html?m=1