Sacto 9-1-1
July 17, 2013
Ask Sacto 911 crime Q&A: What happened to state corrections employee accused of insurance fraud?

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

QUESTION: What happened to a prison guard who faked disability injury at a swingers club?
Submitted by: Gary Hall, Modesto

ANSWER: John Smiley and his wife, Cynthia Ann Biasi-Smiley, were convicted in March 2012 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 Sacramento County jury did not reach verdicts on the workers' comp fraud charges, voting 10-2 and 11-1 for conviction, according to a story in The Bee. The prosecutor refiled the fraud charges and, according to Sacramento Superior Court online records, a trial date is set for Sept. 5.

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

He 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.

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