TN - Gail Nowacki Palmgren, 44, Signal Mountain, 30 April 2011 - #6

[happy409]

Someone asked about the bond on the restraining order filed.

http://www.state.tn.us/tccy/tnchild/36/36-3-612.htm

Please legals verify, but it appears it relates to this section:

(2) Set a reasonable bond pending the hearing on the alleged violation of the order of protection, restraining order or court-approved consent agreement; and

In the event the restraining order is in violation awaiting the hearing.
This would mean that MP could NOT go to the lake (or wherever beyond 100 miles) this weekend if it isn't resolved ASAP (like tomorrow). IMHO!

ETA: See my post 348 which is actually correct based on rule 65 (included in document filed with the court). Disregard the above, I grabbed the wrong law reference.

 

[glorias]

Quoted from the article:

She told Eyewitness News hours before her sister was last seen, Gail begged her to call police while leaving the family's Alabama lake house. She wanted police at her Signal Mountain home when she arrived.

(snip)

Police called Gail at her sister's request, but details of that conversation haven't been released, not even to Nichols. She believes her Gail is still out there.

So I am guessing the 6:30 AM phone call was the one where Gail called Diane and asked her to have LE at the home when she arrived. Police called Gail back at some point, at least once apparently. SMM was saying on her blog that Gail was in contact with LE the entire time she drove home, so this must be what she was referring to.

I wonder if Gail dropped off the kids and drove to the nearby police station. She went there the day before, maybe she thought it was the safest place.

Diane believes Gail is still out there, and LE didn't go hunting for Gail immediately when she disappeared as far as we know. I'm starting to think Gail told LE she was leaving because she was scared. It would explain why LE wasn't in any hurry. Just a theory.

 

[Pearl*]

Someone asked about the bond on the restraining order filed.

http://www.state.tn.us/tccy/tnchild/36/36-3-612.htm

Please legals verify, but it appears it relates to this section:

(2) Set a reasonable bond pending the hearing on the alleged violation of the order of protection, restraining order or court-approved consent agreement; and

In the event the restraining order is in violation awaiting the hearing.
This would mean that MP could NOT go to the lake (or wherever beyond 100 miles) this weekend if it isn't resolved ASAP (like tomorrow). IMHO!

I asked the question. I'm still having trouble understanding. Does that mean that if he violates the ex parte order, he has to pay $1,500?

 

[Columbo]

snipped...



Just wanted to mention that we don't know when something happened to Gail on the 30th. This isn't a clear cut-and-dried scenario of MP only having 10 minutes to "do something", because he easily could have left the house after he got there approximately 12:25 and found Gail was gone. They could have met up somewhere that wasn't the house at any time between 12:25-ish on the 30th and approximately the morning of the 1st when Diane and Arlene would start to worry.

Further, if we take C's sighting as accurate, that means Gail was still on the mountain that evening, meaning MP may also have had "most of a day and all night" to do whatever.

bolded by me.

Are we sure he even went back to the house? I can't remember if this was verified by a neighbor seeing him or ????

 

[happy409]

snipped...



Just wanted to mention that we don't know when something happened to Gail on the 30th. This isn't a clear cut-and-dried scenario of MP only having 10 minutes to "do something", because he easily could have left the house after he got there approximately 12:25 and found Gail was gone. They could have met up somewhere that wasn't the house at any time between 12:25-ish on the 30th and approximately the morning of the 1st when Diane and Arlene would start to worry.

Further, if we take C's sighting as accurate, that means Gail was still on the mountain that evening, meaning MP may also have had "most of a day and all night" to do whatever.

glorias, I just can't imagine if Gail drove away upset, and SB knew there were issues that she would KNOW if MP showed up soon after. It's hard for me to believe she just blew it off, went about her business, knowing the children were not with her. She has not stated anything to the media (or publicly) since, that I am aware of.

Do we have fact where MP was at all that afternoon/night before after GP left for AL, or the next morning (except his statement he was at the bottom of the mountain at his mother's)?

When Gail arrived? When MP arrived?, the children hold those important facts. SB confirmed GP leaving at 12:15 on the 30th. After all this time, and mentioned by JBean, LE didn't initially question the children. I imagine MP could have talked to them so much, even they may be confused of the order of events, now, IMO!

Also, it seems more fact than rumor that Diane called the police and they were on the phone with GP on the way home. That's HUGE, IMO. Previously, it was just statements by AD stating such!

 

[happy409]

bolded by me.

Are we sure he even went back to the house? I can't remember if this was verified by a neighbor seeing him or ????

Exactly!!

 

[happy409]

I asked the question. I'm still having trouble understanding. Does that mean that if he violates the ex parte order, he has to pay $1,500?

This may make it more clear:

RULE 65. INJUNCTIONS
Rule 65.05: Injunction Bond.

(1) Except in such actions as may be brought on pauper's oath, no restraining order or temporary injunction shall be granted except upon the giving of a bond by the applicant, with surety in such sum as the court to whom the application is made deems proper, for the payment of such costs and damages as may be incurred or suffered by any person who is found to have been wrongfully restrained or enjoined. The address of the surety shall be shown on the bond.

(2) A surety upon a bond under the provisions of this Rule submits himself to the jurisdiction of the court. The surety's liability may be enforced on motion without the necessity of an independent action. The motion shall be served on the surety as provided by Rule 5 at least twenty (20) days prior to the date of the hearing thereon.

(3) A party restrained or enjoined may move the court for additional security; and if it appear on such motion that the surety is insufficient or the amount of the bond is insufficient, the court may vacate the restraining order or temporary injunction unless within a reasonable time sufficient security is given.

http://www.tncourts.gov/rules/rules-civil-procedure/6505

 

[Columbo]

Exactly!!

I wonder if he proposed meeting her in some other location....and that's where she was rushing off to?
I don't know...she is too smart to go meet him in some deserted or secluded area, if he had been violent with her. Or even if not!

 

[glorias]

bolded by me.

Are we sure he even went back to the house? I can't remember if this was verified by a neighbor seeing him or ????

No, we're not sure, but I was specifically responding to Jade who referenced MP arriving at the house 10 minutes after Gail was last seen. Since Jade was theorizing that the 10 minutes was true, I was responding to that theory.

 

[glorias]

snipped...

glorias, I just can't imagine if Gail drove away upset, and SB knew there were issues that she would KNOW if MP showed up soon after. It's hard for me to believe she just blew it off, went about her business, knowing the children were not with her. She has not stated anything to the media (or publicly) since, that I am aware of.

Do we have fact where MP was at all that afternoon/night before after GP left for AL, or the next morning (except his statement he was at the bottom of the mountain at his mother's)?

SB has not been in the press for quite a while. We don't know if she kept watch out for Matt or not. We can't look at it in 20/20 hindsight and think "Well, Susie must have been watching for Matt to return, for Gail to come back, and to make sure the kids were okay" because we have NO IDEA what Susie knew or was thinking. She probably didn't know Matt was coming back quickly, that the kids were left alone, etc. She may have even left the house and gone somewhere else soon after she saw Gail.

As far as MP returning about 12:25, no, that is NOT verified. As I said, I was responding to Jade who specifically mentioned MP only had 10 minutes. I was trying to say that, even if MP did return about 12:25 as he claims, that doesn't mean he "only had 10 minutes."

 

[happy409]

I wonder if he proposed meeting her in some other location....and that's where she was rushing off to?
I don't know...she is too smart to go meet him in some deserted or secluded area, if he had been violent with her. Or even if not!

But, what was she not on the phone with LE? Maybe she was calling them back letting them know the 'meeting place' had changed and dropped the children off on purpose so they would not be subject to any of it. IMO

 

[happy409]

snipped...



SB has not been in the press for quite a while. We don't know if she kept watch out for Matt or not. We can't look at it in 20/20 hindsight and think "Well, Susie must have been watching for Matt to return, for Gail to come back, and to make sure the kids were okay" because we have NO IDEA what Susie knew or was thinking. She probably didn't know Matt was coming back quickly, that the kids were left alone, etc. She may have even left the house and gone somewhere else soon after she saw Gail.

As far as MP returning about 12:25, no, that is NOT verified. As I said, I was responding to Jade who specifically mentioned MP only had 10 minutes. I was trying to say that, even if MP did return about 12:25 as he claims, that doesn't mean he "only had 10 minutes."

I completely agree, it seems there is much speculation, and I understand that but we really don't know for sure, as you stated. Thanks!

 

[Pearl*]

snipped...
SB has not been in the press for quite a while.

I've been thinking that TH has not been in the press lately either. Do we know anything on that front that we can discuss? Such as whether or not they are still together?

 

[glorias]

Actually, I just came back to add that I am thinking someone did verify MP returned about 10 minutes after Gail left? Does anyone else remember? I won't be able go through all the threads until later tonight, but if I find it later I'll post it.

 

[Sleuthy1]

glorias, I just can't imagine if Gail drove away upset, and SB knew there were issues that she would KNOW if MP showed up soon after. It's hard for me to believe she just blew it off, went about her business, knowing the children were not with her. She has not stated anything to the media (or publicly) since, that I am aware of.

Do we have fact where MP was at all that afternoon/night before after GP left for AL, or the next morning (except his statement he was at the bottom of the mountain at his mother's)?

When Gail arrived? When MP arrived?, the children hold those important facts. SB confirmed GP leaving at 12:15 on the 30th. After all this time, and mentioned by JBean, LE didn't initially question the children. I imagine MP could have talked to them so much, even they may be confused of the order of events, now, IMO!

Also, it seems more fact than rumor that Diane called the police and they were on the phone with GP on the way home. That's HUGE, IMO. Previously, it was just statements by AD stating such!

BBM
:twocents:JMHO~ But, once again AD comes through with MORE truthful information... just saying :innocent::twocents:

 

[happy409]

Quoted from the article:



So I am guessing the 6:30 AM phone call was the one where Gail called Diane and asked her to have LE at the home when she arrived. Police called Gail back at some point, at least once apparently. SMM was saying on her blog that Gail was in contact with LE the entire time she drove home, so this must be what she was referring to.

I wonder if Gail dropped off the kids and drove to the nearby police station. She went there the day before, maybe she thought it was the safest place.

Diane believes Gail is still out there, and LE didn't go hunting for Gail immediately when she disappeared as far as we know. I'm starting to think Gail told LE she was leaving because she was scared. It would explain why LE wasn't in any hurry. Just a theory.

BBM - So does this collaborate with Diane's call and reference to 6:30 AM. Diane is in NY on EST, so based on EST aka Signal Mountain time, GP most likely arrived around 10:30 AM to the SM house...wouldn't that make more sense? She might have left in a hurry knowing MP may be on his way up around noon, OR MP was already there and they fought until she felt threatened, running out with just keys and phone?

 

[Columbo]

But, what was she not on the phone with LE? Maybe she was calling them back letting them know the 'meeting place' had changed and dropped the children off on purpose so they would not be subject to any of it. IMO

We don't know if she called LE or if only her sister Diane called LE per Gail's request.
I am sure she would have wanted to protect the children from any more grief. I think she knew MP was not at the house.

 

[Columbo]

I've been thinking that TH has not been in the press lately either. Do we know anything on that front that we can discuss? Such as whether or not they are still together?

Last I heard--and this was quite a while ago--MP and TH were being seen more in public now. I guess I'd better qualify that by saying it's rumor, because it hasn't been in MSM. I think a local here posted it.

 

[Melodie]

Last phone call w/Diane:

As detectives continue looking for leads in the case, Nichols says she thinks back to the last conversation she had with Gail.

She told Eyewitness News hours before her sister was last seen, Gail begged her to call police while leaving the family's Alabama lake house. She wanted police at her Signal Mountain home when she arrived.

"They did have some marital problems," said Nichols, who says her sister never said why she wanted her to call police. "Maybe she was possibly seeing coming home and having some kind of confrontation with her husband."

Police called Gail at her sister's request, but details of that conversation haven't been released, not even to Nichols. She believes her Gail is still out there.

"If she doesn't want to go home I understand," said Nichols, "but she needs to reach out to somebody to let them know that she's okay."

http://www.wrcbtv.com/Global/story.asp?S=14987811

BBM If she (Diane) believes this, I hope it is true and I have no reason not to believe her, but I really think it may cause the opposite effect the family wants. I live here and work at BCBS and I can tell you that when these statements are made publicly by insiders, the people I talk to shrug their shoulders and say, "oh well". I heard statements like that today. People immediately refer to cases such as the runaway bride and the thought "frustrates" them. This is just my opinion from what I see and hear and I'm not saying that people only want to help or support if they think something horrible has happened, but this case has suffered from a lack of interest and IMO this doesn't help. I think it's better to leave it like LE does and make statements that suggest nothing has been ruled out. I think if people believe this, it is easier for them to say, "Well, I just don't want to get involved. It's a family thing". Harsh, I know, but this is what I am hearing. JMO.

 

[glorias]

We don't know if she called LE or if only her sister Diane called LE per Gail's request.

I am sure she would have wanted to protect the children from any more grief. I think she knew MP was not at the house.

I suspect she asked Diane to call LE so she didn't have to talk to LE in the Jeep in front of the kids.

She must have known MP wasn't at the house. Since he says he was planning to meet her there, though, it's often been speculated that she knew he was arriving shortly and left to avoid seeing him.