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Dec 12, 2012

Smith Case Will Move Forward

Judge denies motion.

Category: News
Posted by: markbailey

The trial of Roark David Smith on aggravated murder charges will continue as scheduled after Circuit Judge Paul Crowley denied a defense motion to delay the case for a new mental evaluation.  Smith's lawyers presented testimony from a psychiatrist and a neuropsychologist to support their contention that a brain tumor and lesion had grown and decreased their client's ability to aid and assist in his own defense.  But as he had in the case of an earlier and similar motion, Crowley agreed with prosecutors that while evidence showed the tumor had grown, Smith's mental capacity at this point has not been affected.  The defense will also have additional medical testing done to determine whether the tumor is malignant, and whether surgery to remove the tumor is needed.  Smith is charged with aggravated murder with a firearm and burglary, tied to the shooting deaths of his neighbor Patti Hong and her son Randy in The Dalles in February of 2009.  The trial is currently scheduled for February of next year.