By Sam Stanton
John Alfonzo Smiley and his wife, Cynthia Ann Biasi-Smiley, were arraigned this morning on felony worker's compensation fraud charges, as new information came to light about the extensive efforts by co-workers and supporters who reached out to help him after he was shot following an alleged altercation in a San Francisco sex club.
Co-workers and others donated vacation time, money and supported fundraising golf tournaments to help Smiley receive treatment for the paralysis he suffered after being shot in April 2008.
Court records indicate Smiley filed a compensation claim that could have paid him up to $2.5 million after the shooting, but the records indicated he said he was shot by a parolee who recognized him as a correctional officer as he left a restaurant.
However, an investigation by state corrections officials determined that the shooting actually occurred after the couple had visited Twist, a San Francisco swingers club, and had sex with a couple they met there, court records state. The records indicate that a man shot Smiley outside the club after Smiley had sex with the man's female companion and Smiley's condom broke.
That story apparently remained secret as the 44-year-old Smiley, who is paralyzed from the waist down and uses a wheelchair, pursued worker's compensation and disability claims.
As the state processed the claim, friends and supporters of the 6-foot, 8-inch former college basketball star organized fundraisers and a web site chronicled Smiley's recovery and financial needs to pay his medical expenses.
The site features photos of the family and discusses how "as a decorated Corrections officer in California his size helped him safely transport dangerous inmates, quell large riots, and prevent escapes."
In a section titled "John's story, in his own words," Smiley recounts spending April 26, 2008, in San Francisco at the zoo with his wife and two children and his in-laws.
"This wonderful afternoon was followed by a great dinner and an announcement that the grandparents would watch the kids so Cindy and I could have a long overdue night out together," he wrote. "Of course, I had no idea that our lives would change forever on that day."
The site does not mention the alleged visit to the sex club.
The couple were charged by the Sacramento District Attorney's Office earlier this month, and they made their first court appearance this morning as a crowd of reporters and photographers followed them through the halls of the Sacramento Superior Courthouse downtown.
Neither spoke to reporters. Smiley sat quietly in his wheelchair in an aisle in a second-floor courtroom waiting for Judge Gary E. Ransom to call his case. Biasi-Smiley, 36, sat in a seat beside him, nervously fingering the hem of her skirt with her left hand as cameras were aimed at them from the jury box, where half a dozen members of the media waited.
At one point, she left court briefly and returned, her eyes noticeably red.
Ransom read the list of felony charges the couple face and appointed attorneys for them after they indicated they could not afford their own. Then, Smiley tried to say something to the judge.
"Can I let you know that I believe that...," he said before a public defender turned toward him, shaking her head "no" and holding up her index finger.
The couple then left without speaking to reporters. In his wheelchair, Smiley had difficulty heading down the hall as cameras surrounded him, and bystanders grabbed reporters to ask, "Who is that?"
Some people who emailed or posted comments online to The Bee after the Smiley story was reported Tuesday indicated they had donated to his cause but knew nothing about the sex club allegations. His web site contains updates about his medical costs, provides information on how to donate money and indicates that the second annual John Smiley Golf Tournament at The Reserve at Spanos Park in Stockton raised $11,000.
The event was Nov. 6, about two weeks before the Corrections Department opened a criminal investigation into his claims. Before that, the state had been working to reach a settlement of his claim, records indicate.
Above, Cynthia Ann Biasi-Smiley stands next to John Alfonzo Smiley during their court appearance today in Sacramento.
Photograph by Manny Crisostomo / mcrisostomo@sacbee.com
Call The Bee's Sam Stanton, (916) 321-1091.
Previous coverage:
California correctional officer accused of lying about being shot at S.F. sex club - March 23, 2010
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