Defendant Misplaced in Jail but Judge Won’t Free Him

A man who was misplaced in jail for five months between a mental hospital and a criminal courtroom will remain behind bars even though a San Francisco judge dismissed charges against him.

Superior Court Judge Douglas Munson declined to say whether Sammie Smith’s constitutional right to a speedy trial on an assault charge had been violated. Instead, Munson ruled last week that Smith had been initially held for trial when he was mentally incompetent, a ruling that allowed the charge to be refiled.

The district attorney’s office filed the new charge Friday, said Smith’s lawyer, Deputy Public Defender Jeffrey Adachi. He said he would appeal Munson’s ruling.

Smith, now 50, was sent to Atascadero State Hospital in November, 1991, after being found incompetent to stand trial on charges of assaulting a 75-year-old woman in San Francisco’s Union Square. Doctors found him competent last summer, and he was returned to San Bruno County Jail.

Through a still-unexplained breakdown in the system, no one notified the court that was to hold Smith’s trial, or either lawyer, that he was in jail awaiting court proceedings. A jail staffer mentioned a medical problem with an inmate in January to Adachi, who discovered Smith’s plight and moved to dismiss charges.

Assistant Dist. Atty. Floyd Andrews did not justify Smith’s treatment but opposed releasing him. “I have a responsibility to the people who live in whatever neighborhood he wanders into,” Andrews said.

Munson said during Wednesday’s hearing that he had doubts about Smith’s mental competence after observing him.

Smith has a history of mental problems and a long criminal record. James Harrigan, lawyer for Sheriff Michael Hennessey, said steps may be taken to have him committed to a mental hospital under a conservatorship.

Hennessey is responsible for transferring prisoners from jail to court. But his office says it normally doesn’t move anyone without a court request, which was lacking in Smith’s case.

Adachi said Munson’s ruling sidestepped the issue of Smith’s mistreatment.

“Sammie Smith fell into a hole in the system,” the defense lawyer said. “This judge had the power to close that hole and pull Smith out of the pit. Instead, he’s throwing him back.”