Apr 30, 2019

"Just like the movie she watched, 'stepdad takes her' "


After jury instructions, Deputy District Attorney Stacey Eads presented her closing argument in Chad Smith's case.

Using some of the same photos and a timeline,Ms. Eads used parts of the testimony and evidence that supported the prosecution case.

Ms. Eads focused on Jane Doe #1 which makes sense because 11 counts of alleged sexual abuse pertain to her. It is also Jane Doe #1's credibility that is essential to whether the prosecution or defense will prevail.

Only 1 count of sexual abuse pertains to Jane Doe #2. The remaining four counts are alleged violations of the restraining order. Chad Smith is not disputing the restraining order counts.
A decision on the restraining order counts will be a no brainer for the jury.

The use of photos of Jane Doe #1 and #2 was very effective. It showed how young the girls were when the alleged sexual abuse started compared to how they look now in court. What was also effective was pointing to Amy Smith in the audience. However, all of this appeals to emotions.

The use of interspersing the porn searches with the timeline was the most effective part of Ms. Eads closing argument. So was the statement, "Just like the movie she watched, 'stepdad takes her'."

"You are so tight kitten" is something Jane Doe #1 said Chad Smith told her. Combined with the porn and the email in which Chad Smith asks Jane Doe #1 when she last "pleasured herself" is damning.

 It was interesting that Ms. Eads referred to a video and audio recording (that the defense played) of Amy Smith and Jane Doe #1 on the playground.

What may or may not work is not addressing the inconsistencies by Jane Doe #1 except once to say that Jane Doe #1 added details and disclosures because she had the same counselor for 2.5 years.

As far as evidence, if you have followed my coverage of this case, the prosecution presentation was selective. There is also information in Ms. Eads closing that the defense can use to bolster their claims.

The photos of Jane Doe #1 and Chad Smith as well as a family photo all reveal a happy child, a happy family. Just because they were accompanied with captions of what Jane Doe #1 said during jury trial such as, " I think I was an angry child because I was being raped" doesn't prove the prosecution case.

Jane Doe #1 going from denial to disclosure about the sexual abuse coinciding with when she started seeing a counselor and what can be interpreted as pressure from others, may work for the prosecution or the defense. Again, it will depend on whether the jury believes Jane Doe #1. The prosecutions own timeline showed how Jane Doe #1 struggled with her feelings about Chad Smith. During jury trial, Jane Doe #1 said no one influenced her.

Amy Smith and Chad Smith's marital problems do not equal molestation.

"He in her mind was her boyfriend and her future husband" and "She didnt have a dad before in her life" could work for either side, a depending on whether a juror finds Jane Doe #1 credible or not.

I am not going to recap the same details  I have already covered daily.

Amy Smith, Jane Doe #1's grandmother, Jane Doe #2's father andmother, other family members and friends of Jane Doe #1 and 2 as well as Chad Smith's brother, Rick were in court.

Previous post:
https://johnchiv.blogspot.com/2019/04/jane-doe-1-found-out-about-porn-from.html?m=1

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