Laurie Smith’s attorneys plan a robust defense against civil grand jury findings; she could be expelled from office if those accusations are affirmed at trial.
If a trial proceeds, a rare hybrid civil-criminal trial would follow. Like a criminal trial, the process would involve a jury, which would hear witness testimony and evaluate evidence. In lieu of sentencing, however, a unanimous guilty verdict on any of the seven counts against Smith would prompt her forcible removal from office by the court.
“Until we’ve had an opportunity to read the transcript,” Ruby said Friday, “We can’t know what all of our objections are, and there are plenty.” The case was being heard in San Mateo County after Santa Clara County Superior Court recused itself in part because Smith’s deputies are heavily integrated into everyday court life, serving as in-house court security as well as courtroom bailiffs. Friday’s arraignment was held on a remote videoconference because San Mateo County has temporarily halted in-person civil court proceedings because of the wide spread of the omicron variant of COVID-19.
The county counsel serves as the attorney for both the sheriff’s office and the Board of Supervisors, whichthat lead to the formal corruption accusations Smith faces. The DA’s office recused itself in part because it is currently prosecuting two of Smith’s commanders in cases related to allegations in the issuing of concealed weapons permits.
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