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By Crescenzo Vellucci Vanguard Sacramento Bureau

SACRAMENTO – Defendant Andre Lamont Smith – accused of growing a scissors when confronted with their spouse – scored a free of charge prison haircut the other day to check advantageous to their future hearing ultimately causing their test for felony spousal punishment and witness tampering.

But Smith had been left with nowhere to go – but home – after those costs had been dismissed belated Thursday. The test ended up being set to do this week.

“The prosecution had major witness credibility problems,” said defense lawyer Claire White, whom seemingly have a knack of winning just what be seemingly impossible instances, including a not liable verdict when it comes to an activist whom tossed a cake, and admitted he made it happen, when confronted with former Sacramento mayor Kevin Johnson.

In Smith’s situation, “A trial could be a waste of taxpayer resources,” said White at Smith’s trial that is preliminary in January, noting that “There wasn’t adequate to carry Andre.”

The alleged victim, their spouse, swore regarding the stand that Smith did do it n’t. And also bailed him away from prison.

“She lied to your authorities (and) didn’t mention him to police until an officer proposed Andre was the attacker in October,” said White. “She felt bad sufficient (concerning the accusation) to bail (Andre) out.”

During evasive and confusing initial hearing testimony in very early January, the alleged target declined to state if Smith stabbed her having a scissors when you look at the face, as authorities had sworn she told them.

But despite the fact that, Sacramento County Superior Judge Maryanne G. Gilliard found – despite the refusal of this witness that is only name Smith since the attacker – to bind Smith over to face felony spousal punishment and witness tampering fees.

“The (victim) is actually attempting to shield the defendant, but there was plenty of proof to obtain the defendant accountable of most fees,” said Gilliard, calling the spouse’s testimony “unbelievable” and “one of this worst recanters” she had ever present in years in the work bench.

“ we think exactly what she told officers. I think this woman is frightened in truth,” stated Gilliard.

But, in the stand in the initial test in very very early January, Mikaila (Smith) over and over repeatedly stated she could maybe maybe not keep in mind statements built to police within the times after her October stabbing, in effect recanting those statements that landed Andre Smith in prison on $550,000 bail.

Officers, though, said they discovered the “hysterical” Mikaila stabbed into the face with “blood throughout the ground” and inside her apartment in October.

Officers reported Mikaila in the beginning said the attacker ended up being her “ex-boyfriend” and “James” (a boyfriend). But after further questioning when you look at the medical center officers the assailant ended up being stated by her was actually her spouse Andre Smith.

But Mikaila changed that later on, making that clear whilst on the stand.

“No, he wasn’t here. We don’t remember seeing him,” said Mikaila, in mention of that when people, including her boyfriend “James” and a cousin, were at her apartment night. Under questioning by protection lawyer White, she admitted she had “physical confrontations” using them in the past, not only Andre.

“We were just going out, having shots, consuming and material. We can’t keep in mind visiting the medical center. We can’t remember much,” insisted Mikaila, denying her spouse ended up being anywhere round the celebration.

Police reports suggested she stated she had been afraid to testify as a result of “retaliation” by Smith. But Mikaila now can’t remember stating that.

Whenever expected because of the deputy region attorney about why she consented because of the authorities reports when interviewed later on, Mikaila stated, “I simply went along with it…I ended up being on discomfort medication.”

In reality, Mikaila bailed out her husband, (Andre), and she stated she visited his hearing Dec. 4 to aid him, and get rid of any miscommunication with prosecutors that will get fees dismissed against Andre.

But that didn’t work away either.

Whenever Mikaila saw Andre along with his brand new gf, sparks reportedly travelled together with “mystery” girlfriend and Mikaila had been kicked out from the courtroom after screaming at each and every other. Mikaila ended up being handcuffed after being tackled by deputies as she chased the gf across the street at the courthouse.

“once I saw my hubby with an other woman at court, I happened to be mad,” stated Mikaila, confirming she had been offended and “disrespected” as the guy she got away from prison if you are paying bail had the nerve to exhibit up in court with a gf.

She additionally wanted Andre’s bail increased – he previously been free from the $550,000 bail arranged for by Mikaila, following the Dec. 4 incident, Andre had been taken into custody on $2.75 million bail. He stayed in prison before the instance ended up being dismissed week that is last.

During the initial test in early January, White also been able to get Mikaila to acknowledge that the “couple” of shots she had the evening of face stabbing was two half-cups of whiskey – up to 12-16 ounces.

Today“But I’m cool. I’m telling the reality,” stated Mikaila.




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