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Corrections officer charged with fraud in sex club shooting
By recordnet.com (AP)
Published: 03/25/2010

SACRAMENTO (AP) — A California correctional officer faces fraud charges after authorities allege he filed a workers' compensation claim falsely stating he was shot by a parolee while leaving a restaurant, when he actually was shot in a dispute at a sex club.

John Smiley, 44, filed a workers compensation claim last year saying a former inmate recognized him and opened fire on April 27, 2008, leaving him paralyzed from the waist down, The Sacramento Bee newspaper reported.

The state was ready to pay nearly $2.5 million in a settlement when it requested a copy of the police report and discovered a different account of the shooting. A criminal probe was launched in November, court records said.

Now Smiley and his wife, Cynthia Ann Biasi-Smiley, face five felony counts alleging they conspired to commit fraud. The two are due in Sacramento County Superior Court on Wednesday for arraignment.

A message left for the pair Tuesday at a phone listing for John Smiley was not immediately returned.

According to the police report, Smiley and his wife had gone to a swingers club, where couples could go to have sex with strangers.

Court documents allege they were having sex with another couple when Smiley's condom broke, angering the woman's male companion. The unidentified man threatened Smiley and later shot him in the back as Smiley and his wife were walking to their car, the documents said.

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