"We got 700 sex acts alleged; no physical evidence."

"Ladies & gentleman of the jury, how did we get here? How did we get here as a country? As a law abiding nation where a teenager can come into court, make things up, admit to making things up, bring in her friend to talk about repressed memories and the prosecution presents 16 counts as proof beyond a reasonable doubt?

"You all made a commitment in jury selection to listen to all the evidence. I am going to ask you to take all the information; consider all the evidence."



The prosecution has the burden of proof. The defense does not. Yet, it was Chad Smith's attorney Ms. Andrea Sullivan focused, logical powerful closing argument that had jurors listening very attentively.

Ms. Sullivan used specifics. By highlighting testimony and evidence and asking questions, Ms.Sullivan made a good case for reasonable doubt. She impeached Jane Doe #1 and made dents into Amy Smith, Patricia McBride-Costanzo and Jane Doe #2's testimony.

Ms. Sullivan had displayed the chart and timeline of events where Jane Doe #1 had marked significant dates.

Ms. Sullivan showed jurors the photo that Jane Doe #1  identified as the couch and said, " yes this is the couch.". This is the couch that Jane Doe #1 said was where Chad Smith took her virginity and the couch where she performed oral sex on Chad Smith. "You were present yesterday" said Ms. Sullivan and she referred to the Furniture Design Center receipt that was introduced into evidence.

"In December 2013, Mr. Smith purchased and delivered" a couch for $2,300. Referring to tbe timeline,"Jane Doe #1 is almost 11 1/2."

Counts 1 and 2 pertain to Jane Doe #1 alleging oral copulation/sexual penetration when she was 10 years or younger.

Using the purchase of the couch, five days before Christmas in 2013 and Jane Doe #1's account,that Chad Smith started touching her, then it progresses to oral sex and then to penile penetration, "that would push it to 2016."

This is significant regarding the specific age for this charge whether you apply it to oral copulation or sexual intercourse. Jane Doe #1 kept adding details about what happened. The first time she mentioned oral copulation on the couch was in court. Before that it was just the futon.

"My point to you is; two points. One trying to discern actual evidence" from what Jane Doe #1  claimed.

"She is here; she is crying but does it square with the timeline?"

"As I discussed briefly with Detective Cosetti; majority of the evidence is testimonial."

Referring to jury instruction CALCRIM 301, Ms. Sullivan said," Can does not equal does."

"Before you are going to hinge guilty or not guilty on the testimony of one single witness, you need to carefully review all the evidence.

CAL CRIM 301:
" The testimony of only one witness can prove any fact. Before you conclude that the testimony of one witness proves a fact, you should carefully review all the evidence"

Ms. Sullivan brought up the inconsistencies starting with the "surreptitious reporting by her mother", the 2nd CAST interview when Jane Doe #1 finally disclosed, the interview with Detective Amber Cosetti and Jane Doe #1's court testimony.

"Only in one of these interviews, we actually see her crying before court."

"Why is the first incident important? In a  CAST interview, the forensic interviewer focuses on the first incident because in such cases, you will remember the first time. It is crystallized in your menory."

Ms. Sullivan went over some of the inconsistencies about the first incident that Jane Doe #1 wrote about, mentioned in interviews  and testified to in court.

"She is making stuff up. She is all over the place."

Referring to the sex acts alleged, Ms. Sullivan asked the question,"Does it square?"

Jane Doe #1 said "he wrapped his penis in Saran wrap and it was bunched up. Saran wrap is not a condom." Jane Doe #1 said she came up with the number 700 sex acts. She said there was some mild pain and that she swallowed ejaculate.

A 11 year old being penetrated by a plastic device is not going to experience mild pain, said Ms. Sullivan.

A child's first experience doing something sexual would be awkward, the child would not know what to do. Ms. Sullivan said," To me it is porn; that is why she describes it so flawlessly."

" She is saying that hundreds of times I swallowed my stepfather's ejaculate and I  didn't choke or gag. She didn't spit or gag once?"

Ms. Sullivan brought up the fantasy life that Jane Doe #1 mentioned to Michael Stevenson,the older guy in England she referred to as her boyfriend. She admitted in court she made up things so he would like her more.

"Timing. This is very important. The mother of Jane Doe #2 is present at pivotal moments in the development of allegations against Chad Smith. Jane Doe #2's revelation during Chad snd Amy Smith's divorce is a horrible coincidence."

Ms. Sullivan mentioned Jane Doe #2's father's statement to Costanzo, "don't let our daughter be a pawn" in the drama between the Smiths.

Regarding the investigation, Ms. Sullivan asked, "where is the phone Chad Smith have Jane Doe #1?" Amy Smith said it was given to Jane Doe #1's biological dad and was stolen.

"There is no evidence that there was a phone. There is no police report."

"All this is happening in the backdrop of a divorce."

The prosecution said that a there was a building of trust between mother and daughter. " You are secretly recording your daughter in school. Is that to protect your daughter or to win your divorce?"

"If you believe Jane Doe #1,you can convict the defendant on all 16 counts. If you believe Jane Doe #2, you can convict the defendant on that count."

"We got 700 sex acts alleged; no physical evidence."

Ms. Sullivan brought up that the couch and the futon were not tested despite hundreds of alleged sex acts on the couch and futon.

"There is a difference between emotional vs factual decisions. The futon is one of the most egregious decisions."

"They are making emotional decisions because for whatever reason they believe Jane Doe #1."

"There was no physical exam conducted of Jane Doe #1 who is alleging she had sex hundreds of times?"

"Jane Doe #1 said she was brutally raped with Saran wrap. " No SART exam. "You think there won't be an injury on a 11 year old?"

With the restraining order, Chad Smith could not see any of his children. Ms. Sullivan said he was desperate. "Was this Chad Smith at his best?"

Chad Smith felt CWS was weaponized against him and he came up with a cockamamie plan to get back at Amy Smith. This was regarding the emails between Chad Smith and Jane Doe #1 after the restraining order.

"Jane Doe #1 is constantly sending inappropriate emails. There is one, possibly two emails" that Chad Smith sent which were inappropriate. One was about the masturbation; the other about the futon.

If they were having a sexual relationship, why would Chad Smith ask Jane Doe #1 about a boy her age wanting to go out with her.

Ms. Sullivan said that prosecution was correct that Chad Smith contacted Jane Doe #1 but she was a window into his son's life. She brought up that Chad Smith ignored certain emails but then he wrote and told Jane Doe #1 that he did not have romantic feelings for her and that she couldnt talk "like that." If they were in a relationship,why didnt Jane Doe #1 confront him. This is a question Ms. Sullivan asked Jane Doe #1 in court.

Jane Doe #1 was sending emails to Chad Smith saying,"help me daddy" and about her low self esteem. Ms. Sullivn said that Chad Smith was not going to emotionally abandon Jane Doe #1 because of a few wierd emails, especially since she didn't have a father figure in her life.

"We sat through four hours of porn searches." Ms. Sullivan said the porn searches were selective. " "The prosecution is ignoring porn searches and history that don't suit their theory."

"Is it possible that Jane Doe #1 gave into Amy Smith's imploring?

"Jane Doe #2's revelation was just when Amy Smith needed it for her divorce."

"Repressed, blocked memories are awfully big words for a teenager to use."

Similar to the post on Ms. Eads' closing, I am not going to recap details I have already covered in daily coverage of this case. Ms. Sullivan listed those inconsistencies with specific quotes and testimony. I brought up many of these points in my daily coverage.


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