Verdict=**Guilty** & poll

[Wishbone]

Some of my faith in justice system was restored today. Just wish they would have put the cuffs on her and locked her up after the verdict was read. Would have completed my day!!

 

[saba]

http://www.azcentral.com/community/...20120516baby-gabriel-tammi-smith-verdict.html

Tammi Smith convicted in Baby Gabriel case


Tammi Smith, the woman who wanted to adopt long-missing Baby Gabriel, was found guilty Thursday of charges connected to her role in Gabriel's December 2009 disappearance.
The jury at midday Thursday returned with the guilty verdict on charges of conspiracy to commit custodial interference and forgery.
Following announcement of Thursday's verdict, the jury considered and found aggravators that will be considered at Smith's sentencing: that the crimes caused emotional harm and that an accomplice was involved...



Read more: http://www.azcentral.com/community/...abriel-tammi-smith-verdict.html#ixzz1vAA4TiV8

 

[artsy1]

http://www.azcentral.com/community/...20120516baby-gabriel-tammi-smith-verdict.html

Tammi Smith convicted in Baby Gabriel case


Tammi Smith, the woman who wanted to adopt long-missing Baby Gabriel, was found guilty Thursday of charges connected to her role in Gabriel's December 2009 disappearance.
The jury at midday Thursday returned with the guilty verdict on charges of conspiracy to commit custodial interference and forgery.
Following announcement of Thursday's verdict, the jury considered and found aggravators that will be considered at Smith's sentencing: that the crimes caused emotional harm and that an accomplice was involved...



Read more: http://www.azcentral.com/community/...abriel-tammi-smith-verdict.html#ixzz1vAA4TiV8

Wow, that's a pretty good Cliff's notes version of the case.

 

[CarolinaMoon]

At the end of the article, they did a fantastic job summing up Tammy's efforts.

The baby's father, Logan McQueary, was firm right away: He wanted to raise his son and would not relinquish his rights.

So began Smith's plots to wear McQueary down, according to testimony and court records. They included:

Questioning his paternity. To do this, Smith forged the name of her cousin, Craig Cherry, on an official document as a possible "real" father of Gabriel.

Urging Johnson to go to woman's shelter and claim McQueary beat her.

Going to a jurisdiction where it was harder for fathers to establish rights. This had worked for Tammi and Jack Smith when they adopted Hannah, the first illegitimate child of Jack's daughter, whom they adopted in Tennessee, according to testimony.

Telling McQueary that Johnson, who had fled with Gabriel to San Antonio, would return with the baby if he signed over his rights to the Smiths.

Telling the custody-case judge that Johnson would only return with Gabriel if the Smiths had legal rights to the child.

Trying to adopt Elizabeth.

Complaining to a judge every time McQueary was late with any payment or didn't return Gabriel on time to his mother.

Smith testified that in the end she was only trying to get Johnson to return with Gabriel because she had "bonded" with McQueary and felt his pain.

Read more: http://www.azcentral.com/community/...abriel-tammi-smith-verdict.html#ixzz1vAC1061A

 

[Boots-OK]

IMHO - Cindy Anthony isn't the only "lost ball in tall weeds"....A Judge Strickland quote.

 

[CarolinaMoon]

Jack Smith will be live on HLN shortly.

 

[TXHOPE]

He's in shock. Tearing up. God is in control Jack..

 

[CarolinaMoon]

Jack is on with his lawyer. Lawyer said they were dissapointed with the verdict. They can't discuss the case.

The kids are doing well, according to Jack.
Vinnie asks a question about the trial. Laywer answers they believe Tammi is innocent. They are disappointed with the verdict, but will now move on.

Jack on his love for Tammi and how he will prepare. Jack says he's still in shock. From the bottom of his heart, love, prayers went up. God is in control. Tammi is stronger than he is, a wonderful, wonderful woman. WE did nothing wrong.

Jack talks about appeals and then they will say the right stuff. Lawyer hopes to overturn the verdict on appeal.

THE END

 

[Melanie]

well that didn't take long. Watching Jack and his attorney on HLN.

Appeal, Appeal, Appeal - we didn't do nuffin wrong. God will take care of us. Kids are great, we are great, blah blah blah.

Put her in jail already! Or, do we have to wait another 3 years while she goes the appealate route?

Ughhhh!

Mel

 

[gitana1]

Okay, so she could be facing 8.5 years because it is a class 3 felony, aggravated and she will be deemed, likely, a class one repetitive offender!!!!:

H. A category one repetitive offender shall be sentenced within the following ranges:
Felony Mitigated Minimum Presumptive Maximum Aggravated Class 2 3 years 4 years 5 years 10 years 12.5 years Class 3 1.8 years 2.5 years 3.5 years 7 years 8.75 years Class 4 1.1 years 1.5 years 2.5 years 3 years 3.75 years Class 5 .5 years .75 years 1.5 years 2 years 2.5 years Class 6 .3 years .5 years 1 year 1.5 years 1.8 years

It seems that since she was convicted of two felonies, at this trial, she should be classified as a Class 1 repetitive offender. That's good news.

She does have felonies that were dismissed/reduced to a misdemeanor:
[ame="http://www.websleuths.com/forums/showpost.php?p=5376731&postcount=2"]Websleuths Crime Sleuthing Community - View Single Post - Tammi Peters Smith - Criminal history, records, etc[/ame]

But I think she also has a felony battery charge. I can't locate that charge right now though, and I have been looking. I don't know what happened to it. Does anyone know? We discussed it on this thread a few days ago. That could add to the sentence, possibly.

 

[CarolinaMoon]

KPHO went to something else, went black, and the seal is up again. I've got my volume on high while I finish making dinner. I hope we hear from the jury tonight!

 

[strawberry]

Criminy cripes I was commuting and missed the aggravating factors part. Then was making dinner and my daughter changed the channel to a Friends rerun. Since had a lousy day I didn't make her change it back. So I got to hear Joey and Rachel instead of Jack in HLN. :maddening:

 

[gitana1]

At the end of the article, they did a fantastic job summing up Tammy's efforts.


Read more: http://www.azcentral.com/community/...abriel-tammi-smith-verdict.html#ixzz1vAC1061A

Great synopsis!!!

But, this here is troubling. The article above states she was convicted of a class four felony and faces much less time.

She is convicted of conspiracy to commit custodial interference, not custodial interference, so here's how that goes:

D. Conspiracy to commit a class 1 felony is punishable by a sentence of life imprisonment without possibility of release on any basis until the service of twenty-five years, otherwise, conspiracy is an offense of the same class as the most serious offense which is the object of or result of the conspiracy.

http://law.onecle.com/arizona/criminal-code/13-1003.html

And the most serious offense which is the object or result of the conspiracy is a class 4 felony, from what I can tell, because:

CUSTODIAL INTERFERENCE:
D. A violation of this section is:
1. A class 3 felony if committed by a person other than the parent or agent of the parent or custodian or agent of the custodian.
2. Notwithstanding paragraph 3 of this subsection, a class 4 felony if the child or incompetent person is taken, enticed or kept from lawful custody out of this state by the parent or agent of the parent or custodian or the agent of the custodian.

http://law.justia.com/codes/arizona/2010/title13/13-1302.html

So, since the result of the conspiracy is that the parent took the child out of state, which is what happened here, it's a class 4, from what I can tell. Darn it. That means she's only facing:

Felony Mitigated Minimum Presumptive Maximum Aggravated Class 2 3 years 4 years 5 years 10 years 12.5 years Class 3 1.8 years 2.5 years 3.5 years 7 years 8.75 years Class 4 1.1 years 1.5 years 2.5 years 3 years 3.75 years Class 5 .5 years .75 years 1.5 years 2 years 2.5 years Class 6 .3 years .5 years 1 year 1.5 years 1.8 years

http://www.azleg.state.az.us/FormatDocument.asp?inDoc=/ars/13/00703.htm&Title=13&DocType=ARS

And I don't know what AZ is like. In CA, they do very little of the total time sentenced. This sucks.

So, I was wrong in my previous post stating she faces 8.5 years.

ETA: She was originally charged with custodial interference. That charge was dropped. She would have faced more time with that because she is a non-parent and that's a class 3 felony. Darn.

I;m going to try to figure out what EJ faces.

 

[Wishbone]

From HLN
Grandfather reaction Logan very happy, Gfather happy….. entire family affected a lot,,,,, …Elizabeth’s trial next…….no message for TS, jury sent that message for our family…….


From Beth K,,,,Tammi is a strong woman of faith….703 allegation to be determined by judge at the hearing,,, it consists of multiple offenses that occurred on different dates,,,,if it applies TS will face mandatory PRISON.

 

[Isabelle]

Good grief! Who will help Jack with the children?

 

[MissJames]

Good grief! Who will help Jack with the children?

Whoever has been taking care of them.

Tammi testified they dropped adoption classes because it was too hard on H .Tammi said she works 7 days a week and the evening classes were taking them away from the only time they had with H and it wasn't worth it.

Tammi doesn't even realize how often she shot herself in the foot.

 

[artsy1]

From HLN
Grandfather reaction Logan very happy, Gfather happy….. entire family affected a lot,,,,, …Elizabeth’s trial next…….no message for TS, jury sent that message for our family…….


From Beth K,,,,Tammi is a strong woman of faith….703 allegation to be determined by judge at the hearing,,, it consists of multiple offenses that occurred on different dates,,,,if it applies TS will face mandatory PRISON.

Wonder if they found more than just the LA forgery charges???


Charges could have been anywhere under the names: Peters, Trahan, Facio, Sikora, Riddle or Smith.

 

[DesertChildAZ]

Okay, so she could be facing 8.5 years because it is a class 3 felony, aggravated and she will be deemed, likely, a class one repetitive offender!!!!:It seems that since she was convicted of two felonies, at this trial, she should be classified as a Class 1 repetitive offender. That's good news.

She does have felonies that were dismissed/reduced to a misdemeanor:
Websleuths Crime Sleuthing Community - View Single Post - Tammi Peters Smith - Criminal history, records, etc

But I think she also has a felony battery charge. I can't locate that charge right now though, and I have been looking. I don't know what happened to it. Does anyone know? We discussed it on this thread a few days ago. That could add to the sentence, possibly.

It's in Louisiana...

 

[artsy1]

Jack is on with his lawyer. Lawyer said they were dissapointed with the verdict. They can't discuss the case.

The kids are doing well, according to Jack.
Vinnie asks a question about the trial. Laywer answers they believe Tammi is innocent. They are disappointed with the verdict, but will now move on.

Jack on his love for Tammi and how he will prepare. Jack says he's still in shock. From the bottom of his heart, love, prayers went up. God is in control. Tammi is stronger than he is, a wonderful, wonderful woman. WE did nothing wrong.

Jack talks about appeals and then they will say the right stuff. Lawyer hopes to overturn the verdict on appeal.

THE END

Wonder what the reason for the appeal is? I thought you can't just appeal a verdict because you didn't like it - there had to be legal reason like ineffective counsel or something. IMHO, the defense did the best they could with what they were given to work with.

If you had all this evidence proving your innocence as you claimed, Tammi, why didn't you bring it????

 

[gitana1]

From HLN
Grandfather reaction Logan very happy, Gfather happy….. entire family affected a lot,,,,, …Elizabeth’s trial next…….no message for TS, jury sent that message for our family…….


From Beth K,,,,Tammi is a strong woman of faith….703 allegation to be determined by judge at the hearing,,, it consists of multiple offenses that occurred on different dates,,,,if it applies TS will face mandatory PRISON.

That really angered me as I watched it. Really, Beth Karas? She's no woman of faith! She's a liar and a charlatan. IMO, she's a horrible, horrible, selfish creature. No true woman of faith would act as she did. I was insulted by Karas' statement.