Chad Smith's brother's testimony impeaches statements made by Amy Smith and Patricia Costanzo

Chad Smith's brother, Rick Smith, was the defense's first witness. He moved to Humboldt three years ago from Oregon.

When he first moved here, Rick Smith stayed with Chad and Amy Smith for a short period of time. Rick Smith slept on the couch.



Rick Smith said that his relationship with his brother was "up and down like many siblings."

"Sometimes my brother and I have trouble getting along," said Rick Smith. "We tend to be different since we were young."

The Smith brothers disagreed about politics,  business practices and about Jane Doe #1.  Rick Smith disagreed with Jane Doe #1 being home home schooled and felt that Chad Smith treated Jane Doe #1 differently than her younger brother.

Rick Smith felt that parents should not be "buddies" with children and he felt Jane Doe#1
was missing out on her childhood not being at a regular school.

Rick Smith also discussed Jane Doe #1 being home schooled with Amy Smith and said Amy Smith was fine with that decision.

Deputy District Attorney Stacey Eads objected to this question being asked. Her objection was overruled by Judge Christopher Wilson. Chad Smith's attorney, Ms. Andrea Sullivan, said she asked the question to impeach a prior statement made by Amy Smith during her testimony.

Rick Smith confirmed that he dated Jane Doe #2's mother, Patricia McBride-Costanzo. Amy Smith "set them up."

When Chad Smith was no longer living with Amy Smith and "their marriage was ending", Rick Smith said "Amy and Patty were in contact a lot more."

Rick Smith said "Patty" didn't like Chad Smith and this was even before the Smith's marriage ended.

Referring to Jane Doe #1, Rick Smith and Costanzo "found about about things like that when the journal was found."

"It was a bit longer" when he found out about Jane Doe #2. "That caused Patty and I to split up."

Costanzo told him "during meditation that Jane Doe #2 had a revelation that she had an experience with my brother. "

Costanzo said, "Now we can go over" and talk to Jane Doe #1 and get her to admit the allegations were true.

"Patty and Amy" were communicating prior to Jane Doe #2's disclosure. He described an ambush. "A group of women would go over to Amy's house." Rick Smith said it seemed the women were forcing Jane Doe #1 to say what they want.

Rick Smith said he confronted Chad Smith about Jane Doe #1 but not about a sexual relationship. He told Chad Smith "they shouldn't be buddies. "

Rick Smith emphatically denied a statement that Costanzo attributed to him during her testimony. "I never said you are fucking your daughter."

Rick Smith told Costanzo he did not believe Jane Doe #2's accusation and that they could not date.He told Costanzo, "What would your family think?"

"I've been saying it since the beginning. I have never seen it (referring to any inappropriateness between Jane Doe #1 and Chad Smith). I don't know. I thought this was all made up. " He said the only thing he saw was Chad Smith and Jane Doe #1 cuddling on the couch watching TV with everyone else in the room.

Regarding the meditation and Jane Doe #2's revelation that she was molested, Rick Smith said, "the moment I heard that story, it is just that."

Rick Smith said Jane Doe #2 was a very good writer. He helped her edit her book.

During cross examination, Rick Smith said he did talk to Chad Smith about Chad Smith discussing masturbation with Jane Doe #1. Ms. Eads cross examination was brief.

Rick Smith was polite and credible. He did not disparage Amy Smith or Costanzo in any way. In his testimony, he came across as a loving uncle to Smith's children and step children as well as a caring boyfriend to Costanzo and loving to her children.

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