Tammi Smith -The Charges

Pat McReynolds ‏ @PatMcReynolds

Correction. Tammi smith's atty not saying she has diminished capacity. Only wanting to include evaluation from defense psychologist

http://twitter.com/#!/PatMcReynolds

Pat McReynolds ‏ @PatMcReynolds
Prosecution wants to bar testimony from Tammi Peter Smith's psychologist
 
Pat McReynolds ‏ @PatMcReynolds

Prosecutors were to interview Tammi's husband Jack today. Judge appointed him an atty, so now it is delayed.

https://twitter.com/#!/PatMcReynolds


My question...Why? Why was Jack appointed an attorney? Doesn't Jack have $$$ out the wazoo? :waitasec:
 
http://www.superiorcourt.maricopa.gov/docket/CriminalCourtCases/caseSearch.asp (Tammi Smith or CR2010-101760)


3/28/2012 Request - Party (002)

NOTE: DEFENDANTS /JUROR QUESTIONNAIRE



Well... A few questions come to mind... Did you see me on Nancy Grace?...
Would you pay to have an enema?...Did you see me on ABC?...Do you have a baby you don't want?...Did you see me on CBS?...Do you have a baby you do want but I might also want?...

moo
 
what exactly is Tammi Smith charged with...TIA


Smith was arrested for three charges including:

1. Conspiracy to Commit Custodial Interference (A class four felony)
2. Custodial Interference (A Class four felony)
3. Forgery (A Class four felony)

[ame="http://www.websleuths.com/forums/showthread.php?t=95041"]Tammi Smith -The Charges - Websleuths Crime Sleuthing Community[/ame]
 
Pat McReynolds ‏ @PatMcReynolds

Prosecutors were to interview Tammi's husband Jack today. Judge appointed him an atty, so now it is delayed.

https://twitter.com/#!/PatMcReynolds


My question...Why? Why was Jack appointed an attorney? Doesn't Jack have $$$ out the wazoo? :waitasec:

Maybe Jack is busted. I don't know, but everyone who gets an appointed attorney will eventually have to sign some kind of financial affidavit.

I wonder how much time a lawyer would need to familiarize him/herself with the case, meet with JS, schedule a new interview etc. There are a lot of facts/details - it could take hours/days/weeks to review.

Tammi's attorney may think JS' testimony is helpful but the Judge may want to make sure he understands the risk that he might incriminate himself in a crime.

There are two instances where JS is involved with phone calls related to this case. One is the series of phone calls that Ken Gamble (investigator for the Mcquearys) said were made to JS' sons and brother in Tennessee on the morning of December 27, 2009. Discussion can be found in the thread titled: KABB San Antonio with Yami Virgin and new information on phone recordsfrom Ken Gamble:

...snipped...

KG: “Well the phone records tell the story that Jack and Tammi Smith were trying very hard to assist Elizabeth while she was in Texas to move Gabriel. There were arrangements being made to take Gabriel out of the state.”

Gamble, who analyzed the phone calls, says you see a flurry of calls between Jack Smith, his grown son’s, and his brother in Nashville. Johnson told detectives as she spoke to Tammi Smith, her husband Jack was in the background, making arrangements for the pickup.

KG: “There were 2 occasions when JS was talking to his son in Nashville, at the exact same time that Elizabeth was talking to Tammi. This was no social call. There was a high level of planning going on.”

bbm


The second is a recorded call with Logan Mcqueary. Details of that call are in an old post:

[ame="http://websleuths.com/forums/showpost.php?p=5921829&postcount=1"]Websleuths Crime Sleuthing Community - View Single Post - 21 Dec 2010 - Tammi Smith: "God wanted us to take Gabriel" (audio)[/ame]

...snipped...

The Smiths told McQueary they were in contact with Johnson while she was on the run. In a second recorded phone conversation, Tammi's husband, Jack Smith, tried to convince McQueary to give up Gabriel.

"If you will sign the papers, the adoption papers, there is a five-day waiting period. If you sign the papers, then there's a five-day waiting period for you to change your mind. OK? She said after you sign them, five days later, she will bring Gabriel to us. If you want to come out here and spend every weekend with him, you can," Jack Smith told McQueary in the recorded call..
McQueary refused to give up custody...
bbm


So I guess I understand the Judge's concern. IMO, Jack runs a risk
by testifying and it is not Tammi's attorney's duty to warn him of those risks.
Of course, I want him to take the stand and SPILL IT. Cross-examination could get very interesting.

moo
 
Maybe Jack is busted. I don't know, but everyone who gets an appointed attorney will eventually have to sign some kind of financial affidavit.

I wonder how much time a lawyer would need to familiarize him/herself with the case, meet with JS, schedule a new interview etc. There are a lot of facts/details - it could take hours/days/weeks to review.

Tammi's attorney may think JS' testimony is helpful but the Judge may want to make sure he understands the risk that he might incriminate himself in a crime.

There are two instances where JS is involved with phone calls related to this case. One is the series of phone calls that Ken Gamble (investigator for the Mcquearys) said were made to JS' sons and brother in Tennessee on the morning of December 27, 2009. Discussion can be found in the thread titled: KABB San Antonio with Yami Virgin and new information on phone recordsfrom Ken Gamble:

...snipped...

KG: “Well the phone records tell the story that Jack and Tammi Smith were trying very hard to assist Elizabeth while she was in Texas to move Gabriel. There were arrangements being made to take Gabriel out of the state.”

Gamble, who analyzed the phone calls, says you see a flurry of calls between Jack Smith, his grown son’s, and his brother in Nashville. Johnson told detectives as she spoke to Tammi Smith, her husband Jack was in the background, making arrangements for the pickup.

KG: “There were 2 occasions when JS was talking to his son in Nashville, at the exact same time that Elizabeth was talking to Tammi. This was no social call. There was a high level of planning going on.”

bbm


The second is a recorded call with Logan Mcqueary. Details of that call are in an old post:

Websleuths Crime Sleuthing Community - View Single Post - 21 Dec 2010 - Tammi Smith: "God wanted us to take Gabriel" (audio)

...snipped...

The Smiths told McQueary they were in contact with Johnson while she was on the run. In a second recorded phone conversation, Tammi's husband, Jack Smith, tried to convince McQueary to give up Gabriel.

"If you will sign the papers, the adoption papers, there is a five-day waiting period. If you sign the papers, then there's a five-day waiting period for you to change your mind. OK? She said after you sign them, five days later, she will bring Gabriel to us. If you want to come out here and spend every weekend with him, you can," Jack Smith told McQueary in the recorded call..
McQueary refused to give up custody...
bbm


So I guess I understand the Judge's concern. IMO, Jack runs a risk
by testifying and it is not Tammi's attorney's duty to warn him of those risks.
Of course, I want him to take the stand and SPILL IT. Cross-examination could get very interesting.

moo

Since this phone call is documented, why are there not MAJOR charges filed against Jack Smith? I find this to be every bit as damning for "custodial interference" as Tammi's confessed forgery.

In fact, this isn't just custodial interference. What the halo IS it? What is the legal term for child stealing?
 
I followed this case so closely but I was beginning to lose confidence in the justice system. Now it does seem like Tammi will be tried for her part in the disappearance of Gabriel. Maybe there is still hope that Gabriel is alive.
 
http://www.courtminutes.maricopa.gov/docs/Criminal/032012/m5172841.pdf

3/27/2012 FINAL TRIAL MANAGEMENT CONFERENCE

...

IT IS ORDERED vacating the current Trial setting of April 2, 2012 and resetting same to April 9, 2012 at 10:30 a.m. before this Division. All subpoenaed witnesses are to report to Courtroom 6A in the South Court Tower for trial.

IT IS FURTHER ORDERED that State counsel shall file a Motion to Continue no later than March 29, 2012.

Court and counsel discuss the State’s Expedited Motion Requesting Court Ordered Defense Interview. Defendant has no objection to the State’s Motion.
The Court intends to grant the motion once the State provides the Court with an order with the new dates to interview Craig Cherry.

As to the State’s Motion to interview Judge Michael McVey. Defendant has no
objection.

IT IS ORDERED granting the State’s Motion to interview Judge McVey.

THE COURT NOTES that Defendant’s husband, Jack Smith, is scheduled to be
interviewed by the State on March 27, 2012. After the Court’s discussion with Jack Smith,

IT IS ORDERED that the Office of Public Defense Services shall appoint counsel to represent Jack Smith for his interviews and during trial.

By agreement of the State, Jack Smith’s interview will be postponed pending
representation of Mr. Smith...
 
http://www.courtminutes.maricopa.gov/docs/Criminal/032012/m5172723.pdf

3/28/2012 Minute Entry

The Court has received and reviewed the State’s Expedited Motion Requesting Order for Defense Interview and proposed Order re: the Honorable Michael McVey.

Good cause appearing,

IT IS ORDERED granting the Motion.
IT IS FURTHER ORDERED approving and settling the formal written Order signed by
the Court on March 28, 2012, and filed (entered) by the Clerk on March 28, 2012.
 
http://www.courtminutes.maricopa.gov/docs/Criminal/032012/m5174406.pdf

3/29/2012 ORDER

The Court has received and reviewed the State’s Motion to Continue Trial. The Motion seeks an eight day trial continuance. The basis for the Motion is the appointment of State counsel Brad Astrowsky to the Superior Court bench on March 27, 2012. The State requests more time so that new co-counsel Elisa Ramuuno can adequately prepare before trial. Although
Defendant Smith did not file a formal response, defense counsel communicated to court staff via email that Defendant opposes the requested continuance. This case has been continued several times, the most recent being a one week continuance granted at the request of the State at the
Final Trial Management Conference on March 27.

The Court certainly understands the State’s desire to bring new co-counsel up to speed before trial. However, the State has been on notice since February 16, 2012 that soon-to-be Judge Astrowsky was one of three finalists for appointment. While it appears from the State’s Motion that the State did anticipate this possibility and previously arranged for Ms. Ramuuno toreplace Judge Astrowsky, the State chose an attorney with a trial conflict of her own. The State explains that Ms. Ramuuno was selected because of her expertise in “computer related prosecutions.” However, the Court does not believe that this case involves any unique or difficult computer issues such that computer expertise is necessary for co-counsel. There are no apparent disputes regarding the content or admissibility of information in emails or on social media websites. Although this case has received a great deal of media attention, it does not present difficult legal or factual issues.

Further, the Court notes that the trial that Ms. Ramuuno is currently involved in (CR2011-134532) is now expected to end by April 5 and that Ms. Ramuuno is co-counsel in that case. Opening statements in this case are not scheduled to begin until April 12. This should give Ms. Raumuuno sufficient time to get up to speed and adequately participate in this trial. Finally, from early on Ms. Andrews has taken the lead for the State with respect to the
case against Ms. Smith. She has filed virtually every written motion on behalf of the State. She took the lead at the recent Final Trial Management Conference. She is a more than capable trial lawyer. In light of Ms. Andrews’ experience and considering the relatively uncomplicated nature of this case, the Court does not believe a further delay to bring a second-chair lawyer up
to speed is justified.

Accordingly, for the reasons set forth above,

IT IS ORDERED the State’s Motion to Continue Trial is DENIED.
 
http://www.kpho.com/story/17299923/2-women-facing-trial-for-gabriels-disappearance

2 women about to face trial in baby Gabriel's disappearance
By Pat McReynolds

PHOENIX (CBS5) - It's been more than two years and it's still unknown what happened to an 8-month-old Valley boy....

Johnson said she conspired to give her boy up for adoption with the help of another Valley woman, Tammi Smith....

According to a memorandum filed by her attorney, Smith's psychologist said she acts impulsively without reflection where children are involved....

Smith said her plan was to adopt the boy without his father's knowledge but once Johnson drove across the state lines, the boy was never seen again.

"It's in her nature to feel compelled to help, because of her religious beliefs, again because of her family background. She feels compelled to help, particularly when she perceives a woman in trouble or child in trouble," said Smith's attorney, Anne Phillips.

According to the filing, Smith is easily manipulated in stressful situations, in part to a history of abuse from her father and first three husbands. Because of that history, her psychologist said she is naively and unrealistically trusting....

"Her character in general causes her to act a certain way. Not with criminal intent but more in a misguided attempt to help," said Phillips....

Prosecutors are trying to keep Smith's psych evaluation out of court and are expected to paint her as a woman obsessed who would do anything to adopt Gabriel....




Much more at link.
 
http://www.kpho.com/story/17299923/2-women-facing-trial-for-gabriels-disappearance

2 women about to face trial in baby Gabriel's disappearance
By Pat McReynolds

PHOENIX (CBS5) - It's been more than two years and it's still unknown what happened to an 8-month-old Valley boy....

Johnson said she conspired to give her boy up for adoption with the help of another Valley woman, Tammi Smith....

According to a memorandum filed by her attorney, Smith's psychologist said she acts impulsively without reflection where children are involved....

Smith said her plan was to adopt the boy without his father's knowledge but once Johnson drove across the state lines, the boy was never seen again.

"It's in her nature to feel compelled to help, because of her religious beliefs, again because of her family background. She feels compelled to help, particularly when she perceives a woman in trouble or child in trouble," said Smith's attorney, Anne Phillips.

According to the filing, Smith is easily manipulated in stressful situations, in part to a history of abuse from her father and first three husbands. Because of that history, her psychologist said she is naively and unrealistically trusting....

"Her character in general causes her to act a certain way. Not with criminal intent but more in a misguided attempt to help," said Phillips....

Prosecutors are trying to keep Smith's psych evaluation out of court and are expected to paint her as a woman obsessed who would do anything to adopt Gabriel....




Much more at link.


"It's in her nature to feel compelled to help, because of her religious beliefs, again because of her family background. She feels compelled to help, particularly when she perceives a woman in trouble or child in trouble," said Smith's attorney, Anne Phillips.

According to the filing, Smith is easily manipulated in stressful situations, in part to a history of abuse from her father and first three husbands. Because of that history, her psychologist said she is naively and unrealistically trusting.

"Her character in general causes her to act a certain way. but more in a misguided attempt to help," said Phillips.


What complete and utter bullshat! "Not with criminal intent?" She forged a freaking legal document, she lied, she asked a friend if she could use her husbands name on the paternity document, she did everything she could possibly think of to get Gabriel. IMO she is not easily manipulated...she preys on people who are though. I loath this woman, I absolutely detest what they have done, both her and Elizabeth! There is a child out there somewhere who will never know his true identity and these two women are responsible for that. I hope they both go to prison. eor

Thank you Saba for keeping us updated with motions, filings, and the unfolding legal rigamarole in this case.
 
"It's in her nature to feel compelled to help, because of her religious beliefs, again because of her family background. She feels compelled to help, particularly when she perceives a woman in trouble or child in trouble," said Smith's attorney, Anne Phillips.

According to the filing, Smith is easily manipulated in stressful situations, in part to a history of abuse from her father and first three husbands. Because of that history, her psychologist said she is naively and unrealistically trusting.

"Her character in general causes her to act a certain way. but more in a misguided attempt to help," said Phillips.


What complete and utter bullshat! "Not with criminal intent?" She forged a freaking legal document, she lied, she asked a friend if she could use her husbands name on the paternity document, she did everything she could possibly think of to get Gabriel. IMO she is not easily manipulated...she preys on people who are though. I loath this woman, I absolutely detest what they have done, both her and Elizabeth! There is a child out there somewhere who will never know his true identity and these two women are responsible for that. I hope they both go to prison. eor

Thank you Saba for keeping us updated with motions, filings, and the unfolding legal rigamarole in this case.

And AMEN to every word!
 
https://twitter.com/#!/courtpio

MC Superior Court ‏ @courtpio
In Session, formerly known as Court TV, will be covering the Tammi Smith trial.

24m MC Superior Court ‏ @courtpio

Tammi Smith hearing set to start. Smith is not in the courtroom.
 
MC Superior Court ‏ @courtpio
Tammi Smith waived her appearance for today's hearing.
 

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