Sacto 9-1-1
August 7, 2012
Ask Sacto 911 crime Q&A: What happened to state corrections employee shot outside San Francisco swingers club?

Bee reporters answer questions about area crime news, trends and other issues.

QUESTION: What ever happened to the Sacramento correctional officer who was at a San Francisco swinger club with his wife and got assaulted by the husband of another woman? He then tried to say he was assaulted by a parolee who had recognized him. He was trying to collect disability payments based on the claim of it being job related.
Submitted by: Gary Hall, San Francisco

ANSWER: A Sacramento County jury in March convicted John Smiley and his wife, Cynthia Ann Biasi-Smiley, of attempted perjury in a workers' comp case in which he said that injuries he suffered in a shooting outside a San Francisco sex club were job-related.

The jury, however, did not reach verdicts on the actual workers' comp fraud charges, voting 10-2 and 11-1 in favor of conviction according to a story in The Bee. The prosecutor refiled the fraud charges and Sacramento Superior Court online records show the second trial for the couple is scheduled for Sept. 18.

Smiley suffered paralyzing injuries in an April 27, 2008 shooting outside the Twist swingers sex club in San Francisco's North Beach neighborhood.

Smiley first claimed that he was shot outside the club by a parolee who may have recognized him as a bus driver in the transportation unit of the California Department of Corrections and Rehabilitation. Later, he admitted that he encountered the shooter during a spousal sex swap. Smiley still said the man was a parolee who recognized him during the sex session in which Smiley and his wife switched partners with the shooter and his female companion.

The shooter was never arrested.

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Sacto 9-1-1 is a blog on crime and emergency services news in the Sacramento region.

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