James Edison Smith Jr.
Prince Frederick, MD – A Calvert County couple indicted in January for the alleged sex abuse of a minor was before a circuit court judge Monday, March 7. The separate pre-trial hearings for Michelle Fountain Smith, 30; and James Edison Smith, 33, both of Prince Frederick, were presided over by Judge Mark Chadlee.
Both hearings produced similar results, as attorneys for the couple indicated they were dissatisfied with the way the prosecution is sharing discovery information in the case.
The Smiths, who run a daycare facility out of their home and own a second facility in a local industrial park, were jointly indicted by a grand jury. The alleged abuse of a female, described in court documents as “under the age of 14 years,” occurred between Jan. 1, 2014 and Sept. 30, 2015.
James Smith was indicted on one count each of sexual abuse of a minor and sex abuse of minor, continuing course of action. Both charges are felonies. Michelle Smith was indicted on one count of neglect of a minor.
Both James and Michelle Smith were indicted on one count of contribution of acts, omissions or conditions rendering a child in need of assistance.
The two counts on which James Smith was solely indicted are felonies. He remains behind bars at the Calvert County Detention Center. Both counts against Michelle Smith are misdemeanors. She was served an indictment notice Jan. 21 and initially appeared before a judge Feb. 8.
“The counts that my client is charged with are vague,” said David A. Schiller, Michelle Smith’s attorney.
During the hearing for James Smith, the accused man’s attorney, Luis F. Gomez Jr., expressed frustration over the lack of shared information regarding the state’s case against his client.
According to the case’s docket summary, on Feb. 8 Gomez and Shireen H. Parsi, another attorney representing James Smith, filed a plea of not criminally responsible by reason of insanity on behalf of their client. The court subsequently ordered an evaluation to determine James Smith’s mental status, court records indicated. The state has also filed motions for “appropriate relief for the defendant’s subpoena for [the] victim’s school records” and for disclosure of Department of Social Services records related to the case.
Chandlee recommended the Smiths next scheduled court appearances—April 8—be changed from plea hearings to motions hearings. The plea hearings would then be scheduled for May. Criminal jury trials for the Smiths are tentatively scheduled for late June.
Calvert County Deputy State’s Attorney Kathryn Marsh is prosecuting the cases.
Contact Marty Madden at marty.madden@thebaynet.com