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Dec 16, 2013 7:08 PM by Victoria Fregoso - Q2 News

Change of plea hearing canceled in bank fraud case

BILLINGS - The change of plea hearing for a Billings woman accused of bank fraud was canceled Monday due to an emergency surgery performed last week.

Angela Corson Smith, 32, was scheduled to plead guilty to two charges of bank fraud and wire fraud.

Smith's attorney, Steven Babcock, filed a motion to continue the hearing on Monday, the day it was scheduled to take place.

U.S. District Court Judge Sam E. Haddon said he received notification of the motion before noon on Monday during his drive from Helena.

Due to short notice, Haddon proceeded with the scheduled hearing.

The judge decided to reschedule the hearing after the situation was explained by Babcock, who said Smith had her appendix removed and an ovarian cyst drained the night of Dec. 11.

She was released from a hospital the following day, Babcock said, and is recovering from home and continues to take pain medications.

Babcock told the judge that because of the medications, Smith is not able to intelligently, knowingly and voluntarily enter a plea. Smith attended the hearing but she did not speak.

Haddon expressed some skepticism and requested a written report from Smith's physician explaining why she was unable to participate in Monday's court hearing. The note also has to list when Smith should be able to participate in a hearing, the judge said.

According to a note from Surgical Associates, P.C. and submitted with court records by Babcock, Smith is able to return to work on Dec. 18.

According to a plea agreement signed last week, Smith will plead guilty to one count of bank fraud and one count of wire fraud.

Click the story link below for more on Smith's case.

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