A Sacramento jury today convicted a former state correctional officer and his wife of attempted perjury related to a workers comp case they sought in regards to his shooting at a San Francisco sex club.
The same panel could not reach verdicts on all the remaining fraud-related charges against John Alfonzo Smiley and Cynthia Ann Bias-Smiley.
Superivising Deputy District Attorney Kelly Mulcahy announced in court that her office would retry the two defendants on the remaining charges. Mulcahy said the retrial date has been set for May 7.
Sacramento Superior Court Judge Russell L. Hom scheduled the sentencing for the two for April 20.
Smiley, 47, and Biasi-Smiley, 38, are facing maximum terms of three years and eight monthys each.
Smiley was shot in the back April 27, 2008, on the street outside the "swingers" sex by a man who had been having a tryst with the fired former officer's wife. The shooting left Smiley paralyzed and in a wheelchair.
Smiley had been having sex with the shooter's wife in the club, and prosecutors said the shooting resulted from a dispute over Smiley's condom.
The shooter was never arrested.
In his trial testimony, Smiley said the shooter was a parolee who recognized him from his duties as an officer in the state corrections agency's transportation unit. He filed the workers compensation case on grounds that his injuries during the scope of his employment.
PHOTO: Court arraignment for John Smiley and Cynthia Ann Biasi-Smiley. March 23, 2010. Sacramento Bee/Manny Crisostomo