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 sons, 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
pening statements on 4-17.