Editor’s note: This article contains graphic descriptions that some readers may find disturbing.
Chad Smith appeared in court Thursday for a hearing in which his attorney is seeking to dismiss some of the charges against the accused child molester.
Superior Court Judge Dale Reinholtsen heard arguments from defense attorney Anakalia “Andrea” Sullivan who filed a motion to have two charges dropped based on insufficient evidence related to the age of one of the victims produced at Smith’s preliminary hearing in 2017.
The first two counts Smith is charged with are felony oral copulation/penetration of a child age 10 or younger and engaging in sexual intercourse with a child age 10 or younger.
“Jane Doe 1 testified that she was 10 years old when she was allegedly digitally penetrated,” Sullivan said and then continued, “but earlier she said she didn’t know how old she was.”
Sullivan then read directly from court transcripts from the preliminary hearing saying that Jane Doe 1 answered the question about her age with, “I don’t remember, I don’t know.”
Sullivan argued the court “would have to guess what age Jane Doe 1 was” when the alleged molestation took place and that the prosecution failed to establish the age during the hearing.
Deputy District Attorney Stacey Eads, who is prosecuting the case, responded to Sullivan’s argument by referring to the transcript as well.
“Jane Doe 1 references her age on page 14,” Eads said as she ran over the transcript before adding, “it’s accurate to say the first time she answers she said ‘I don’t remember [what age she was]’ but in answer to further questions, she said ‘I would still be 10.’”
Eads said during an interview Jane Doe 1 did with Eureka police “she told Det. [Amber] Cosetti she was 10 years old when Smith had her orally copulate him. From the people’s position there is sufficient evidence, in fact, there is additional evidence we didn’t introduce.”
The age of the victim in this case is key because of the special allegations related to committing sexual crimes against children age 10 and younger and that was the point of Sullivan’s motion.
“The evidence does not affirm her age at all,” Sullivan said. “There is insufficient evidence to show the age in counts one and two.”
Reinholtsen listened to the arguments and concluded the hearing by saying that he will finish reading the entire transcript and then address the arguments before he makes a ruling.
Smith was present in court in handcuffs and wearing jail-issued clothing. He remains in jail on $2.65 million bail.
Dan Squier can be reached at 707-441-0528.