Paco's regular readers may remember some time back the story of former Correctional Officer John Smiley and his wife Cynthia Ann Biasi-Smiley. Smiley was shot at a sex club in San Francisco in the wee hours of April 27, 2008. The Smiley's testified that he was shot in the back by a parolee and therefore claimed his injury was job related. The shooting left Smiley paralyzed from the waist down.
The prosecution claims that the parolee story is a lie in order to get a settlement from comp. Much of the prosecution case stems apparently from Smiley's assignment as a transportation bus driver. They assert that there is not enough time for a parolee to focus on Smiley and recognize him away from work.
Both sides agree that there was a dispute between Smiley and another man. Smiley was having sex with the man's wife at the club while Biasi-Smiley was having sex with that man, which is of course the whole idea of a swinger's club.
Clicking here will link to a Sacramento PRAVDA story on this subject.