AZ - Gabriel Johnson, 8 months, 26 Dec 2009 - last seen in Texas - #6

[BeanE]

In this article, it said that the baby was actually seen on Dec 26 - and according to the Sgt, that sighting was AFTER the infamous text from EJ that she killed Gabriel.
I thought that text was sent on Dec 27th - according to Tammi (she said that that was the day EJ would not talk to her on the phone "verbal" - her words, only text)
So was that killing text after the last sighting of Gabriel or before?:waitasec:

Wow. I don't know what they're talking about. I just watched the interview with the Sgt twice and I don't see any indication from him that Gabriel was seen after the text messages on the Dec 27. Very confusing.

Here's the interview video:

http://today.msnbc.msn.com/id/26184891/vp/34745448#34745448

 

[Marigold]

I'm getting confused also. The Smith's live in Tempe AZ, correct?

EJ lived in Tempe, AZ, correct?

Did EJ go to San Antonio upon the advice of the Smith's (since it's alleged they gave her the GPS) or just on the run?

I am confused as to where the Smiths live as well. I know they live somewhere in the Metro Phoenix area, but their FB says they're in Paradise Valley, some news stories say they live in Scottsdale, while others say they're in Tempe.

(I probably shouldn't quibble to myself on this, they're all about a 15-30 minute drive from each other. Come to think of it, Scottsdale and Tempe even share a border, so maybe I should obsess about something else, lol)

 

[Bratlings]

What all this means is she could "not name the father" if she wanted. At the time of when she could have placed Gabriel with an agency or adoption professional in SA, she could have lied and they would not know any difference and that would make it legal in the eyes of the agency or adoption professional.

Texas law-

If a biological father is not cooperative with the birth mother in her adoption plan, or if the identity or whereabouts of the biological father are unknown, his rights may be terminated without notice by use of the Texas Paternity Registry. Texas law requires a biological father to register with the Texas Paternity Registry within 31 days of the birth of the child. If the biological father fails to register, the Court may terminate the rights of the biological father due to his failure to register as required by state law.

After parental rights have been terminated, the agency is appointed as managing conservator of the child. The prospective adoptive parents will be able to finalize their adoption after the child has resided in their home for 6 months. During this six-month time frame, the agency is responsible for supervision of the placement as required by Texas licensing standards. After these supervision requirements have been met, and the six months has elapsed, the agency will provide written consent (as managing conservators) to the adoption. A court hearing in the court of continuing jurisdiction is necessary to grant the adoption.

http://www.adoptionaccess.com/texas_laws.htm


This entire procedure is initiated in court and approved by a judge. Not after 6 months but from the beginning. You do not just take a child home for 6 months then contact the courts.

 

[Shear22]

What all this means is she could "not name the father" if she wanted. At the time of when she could have placed Gabriel with an agency or adoption professional in SA, she could have lied and they would not know any difference and that would make it legal in the eyes of the agency or adoption professional.

I don't think that's the way it works. Even if she claimed not to know who the father was she would have to show proof of having looked for him. Also, even if the adoption agency took her word for it, the adoption would not be legal in the eyes of the court when it got to court. Now, if she dealt with an illegal adoption agency that specializes in bypassing the courts, then sure, but that doesn't make it legal.

The putative father registry that you mention is a possibility for fathers who want to assert their rights, but not a requirement.

Here is a FAQ about fathers' rights in TX from http://iaatp.com/docs/FAQs-TX.pdf

BIRTH FATHER RELATED
1. Does the father of the baby have to be notified of the birth and the mother’s adoption plan?
 Yes. The birthfather must be notified of birthmother’s plans to place baby for adoption, either personally, by service or publication. Reasonable efforts must be made to locate the father. In Texas, there is a “paternity registry” where a putative father can assert paternity.
 Registry/Paternity Requirements to Receive Notice Statute: Fam. Code
§§160.402(a); 160.312
 The putative father may file before the child's birth, but no later
than the 31st day after the child's birth.
 Registration requires a completed Bureau of Vital Statistics form,
signed and acknowledged by the putative father.
 § 161.002. Termination of the Rights of an Alleged Biological Father
4
 Termination of parental rights may be taken of the alleged father
only if all efforts have been made to the satisfaction of the court to
engage the father in planning and or waiving his rights.
2. How is the father of the baby notified of the mother’s adoption plan?
 The “father” of the baby is notified of the adoption plan through personal
contact, service or publication.
3. Can the father of the baby choose the adoptive parents?
 This is not addressed in statute.
 Birthfather and birthmother are able to choose the adoptive parents.
4. What happens if the biological father of the baby is not the baby’s legal
father?
 Rights of the biological father of the baby must be terminated regardless of
whether or not he is the legal father. Refer to above statute.
5. What happens if the husband (legal father) is not the biological father?
 The legal father must sign a waiver of interest and the putative father asserts
his paternity via the registry.
6. What happens if the mother does not know who the biological father is?
 § 161.107. Missing Parent or Relative
(e) The department shall be required to provide evidence to the court to
show what actions were taken by the department in making a diligent
effort to locate the missing parent and relative of the missing parent.
7. What happens if the mother refuses to give the name of the biological father?
 Diligent efforts must be made to determine the name and whereabouts of the
biological father.8. Can the biological father of the baby give notice that he intends to plan for
the baby before the baby is born?
 The birthfather can work on an adoption plan at any time during the
pregnancy.
9. Can the birth father change his mind before signing the legal consents to the adoption?
 Yes, the birthfather can change his mind at any time before signing legal
documents.
5
10. Can the birth father communicate with the adoptive parents and child after the adoption?
 Texas law does not restrict contact nor does it provide for a legally binding
contact. Common practice involves “trust agreements”.
11. Can a minor father independently sign legal documents placing the child for adoption (consent to the adoption)?
 Yes.
12. Can the birth father change his mind after signing the legal consents to the adoption?
 In general the answer is no, the father cannot change his mind after he has signed the consent/relinquishment/waiver for adoption purposes.
 § 162.103 (10)(e) The relinquishment in an affidavit that designates the
Department of Family and Protective Services or a licensed child-placing
agency to serve as the managing conservator is irrevocable.
 § 162.1035 An affidavit of relinquishment of parental rights or affidavit of
waiver of interest in a child that fails to state that the relinquishment is
irrevocable for a stated time is:
1) revocable only if the revocation is made before the 11th day after the
date the affidavit is executed; and
(2) irrevocable on or after the 11th day after the date the affidavit is
executed.
13. Can a birth father anonymously surrender a newborn child?
 Yes
14. What happens if the birth parents do not agree that adoption should be the option?
 Adoption requires consent from both birthparents. If, birthfather is
unavailable, the process can only move forward within the boundaries of the
law i.e. service, publication, or searching on paternity registry for birthfather

 

[Dear Prudence]

It's ok! I didn't really even know till I checked the map or I forgot! I was just trying to figure out where all her time was spent and where she could have actually gone during all that time. I driven halfway or more across the country in a more leisurely manner than some (it's all relative) and it only took me 4 days or so, staying in a hotel every night. She would have been driving 3-4 hrs a day (or a more conservative estimate of 4-5, if it took her 3-4 days to get to San Antonio (18th -22nd). I'm more interested in the number of hotels she stayed in or if she stopped for quite a while somewhere else.

I'm thinking no one really knows for sure when she left Tempe. The Smiths said they returned Gabriel to her on the 18th, but does anyone know if she actually left town on that day?

 

[Ransom]

What all this means is she could "not name the father" if she wanted. At the time of when she could have placed Gabriel with an agency or adoption professional in SA, she could have lied and they would not know any difference and that would make it legal in the eyes of the agency or adoption professional.

NOPE any true agency would know by placing ONE call to AZ and WHAMOO... they'd find out that Logan is the legal dad and the "mother" absconded with the child. Logan was named legal dad on or about Dec. 17th. which was before she took off for SA. You are incorrect, IMO.

 

[Baznme]

See, that is the question. What brought EJ to San Antonio? Was it the Smiths or did she find prospective adoptive parents on her own. I mean, does it seem feasable that a young woman with a baby on board sets off aimlessly and arrives in San Antonio randomly?

Thank you for clarifying. I knew she fled AZ and she was unstable but I couldn't get it straight in my mind, why San Antonio? So, this connection (friend) between Tennessee and the Smith's should be able to yield an answer. Now that I see where Mum's post of parental consent is coming from, it's highly likely that the agency coached EJ on how to get a successful adoption transferred through with no flack. It may have been legal in EJ's eyes if the transfer was made on the 27th since she didn't know yet that Logan's name was now on the birth certificate. Makes more sense now if I try to see it the way EJ did. On the 28th, Logan became sole custodial parent. In EJ's eyes, too late and to put the topping on the cake, she got her ultimate revenge by texting to him that she had killed the baby. If this is a reasonable scenario, she didn't sell him, she just "gave him away". Possible, very possible.

Can anyone do a google map of where the motel is she stayed at compared to the distance to the Raymond Russell park and fit the Tornado Bus Line station in it? Might be interesting to see where we know she had been compared to where she said she had been.

 

[momtective]

If EJ presented a birth certificate here in Texas without the father listed she could simply say the father is unknown. If I remember correctly a notice would need to be placed in a public instrument such as any newspaper in the state the baby was born in. The notice must run for a certain period of time (not sure how may times or days), then the father's rights are terminated if no one comes forward claiming to be the father.
The notices I've seen are very vague but with a lot of legal jargon thrown in and they are usually buried in the classified section under Legal Notices. It's really not an indepth search by any means. Placing an ad in legal notices satisfies the court in that an attempt has been made to locate the father.

 

[Bratlings]

Yes!! A million times over yes,,,,,,,,,,,,LOL.
Agency's and adoption professional do not just work in their own states. Adoption crosses state lines always. There are agencys who office is in one state only but they do adoptions with expectant moms or potential adoptive parents in 20 other states.

Which ever state the baby is born in or placed in is the state in which the laws are followed. Each state has different laws. In AZ she wouldn't have neccessarily have to name birthdad, but it had already been established as the smiths found out, so she COULD HAVE moved onto a state where she did not have to name birthdad and where birth fathers rights are almost non existent.
The birth father Registry in TX says it all.
Not all states have birth father registry's but more and more of them are legislating for them.

No, a million times over. The FBI would be blatantly incompetent if they had not already looked or were closely watching any new placements with Elizabeth's name on them. When a mother relinquishes her parental rights it has to be approved by a judge. A simple search of lexus nexus will pull up every state.

 

[Ransom]

Yes!! A million times over yes,,,,,,,,,,,,LOL.
Agency's and adoption professional do not just work in their own states. Adoption crosses state lines always. There are agencys who office is in one state only but they do adoptions with expectant moms or potential adoptive parents in 20 other states.

Which ever state the baby is born in or placed in is the state in which the laws are followed. Each state has different laws. In AZ she wouldn't have neccessarily have to name birthdad, but it had already been established as the smiths found out, so she COULD HAVE moved onto a state where she did not have to name birthdad and where birth fathers rights are almost non existent.
The birth father Registry in TX says it all.
Not all states have birth father registry's but more and more of them are legislating for them.

Not true, imo. I have two adopted children and you are not being truthful, IMO.

 

[Marigold]

NOPE any true agency would know by placing ONE call to AZ and WHAMOO... they'd find out that Logan is the legal dad and the "mother" absconded with the child. Logan was named legal dad on or about Dec. 17th. which was before she took off for SA. You are incorrect, IMO.

I thought she was using a fake name (per her court appearance)? What if she didn't tell the adoption agency her real identity?

 

[Baznme]

NOPE any true agency would know by placing ONE call to AZ and WHAMOO... they'd find out that Logan is the legal dad and the "mother" absconded with the child. Logan was named legal dad on or about Dec. 17th. which was before she took off for SA. You are incorrect, IMO.

Unless.......the were neglectful in checking. EJ probably had the baby's original birth certificate with no father listed.

 

[Bratlings]

I thought she was using a fake name (per her court appearance)? What if she didn't tell the adoption agency her real identity?

You can not give up your rights to a child by just walking into an office and claiming to be anyone you want to be!

 

[mum]

NOPE any true agency would know by placing ONE call to AZ and WHAMOO... they'd find out that Logan is the legal dad and the "mother" absconded with the child. Logan was named legal dad on or about Dec. 17th. which was before she took off for SA. You are incorrect, IMO.

An agency would call who in AZ? And why would they call?

 

[Shear22]

If EJ presented a birth certificate here in Texas without the father listed she could simply say the father is unknown. If I remember correctly a notice would need to be placed in a public instrument such as any newspaper in the state the baby was born in. The notice must run for a certain period of time (not sure how may times or days), then the father's rights are terminated if no one comes forward claiming to be the father.
The notices I've seen are very vague but with a lot of legal jargon thrown in and they are usually buried in the classified section under Legal Notices. It's really not an indepth search by any means. Placing an ad in legal notices satisfies the court in that an attempt has been made to locate the father.

But if it were later proven that she lied about not knowing the father and that she had run off without giving him notice of her whereabouts, I'm sure it would never hold up in courts.

If somehow she manages a 'legal' adoption in TX, that's fabulous because that means that there will be a record of where Gabriel is. Unfortunately, I think he was handed off with a new name and completely fake paperwork.

 

[momtective]

NOPE any true agency would know by placing ONE call to AZ and WHAMOO... they'd find out that Logan is the legal dad and the "mother" absconded with the child. Logan was named legal dad on or about Dec. 17th. which was before she took off for SA. You are incorrect, IMO.

http://www.world-newspapers.com/arizona.html
An ad could be place in any one of these papers and I doubt Logan would ever see it. Also only initials are used and the wording is something such as this:

"anyone having possibly fathered said minor on or about (insert date) is notified of pending adoption." Like I said in a previous post these ads are very vague.

 

[time]

I don't think that's the way it works. Even if she claimed not to know who the father was she would have to show proof of having looked for him. Also, even if the adoption agency took her word for it, the adoption would not be legal in the eyes of the court when it got to court. Now, if she dealt with an illegal adoption agency that specializes in bypassing the courts, then sure, but that doesn't make it legal.
<snip>

Yeah, but as we found out in some of the cases by The Adoption Place (click on link - Janet Morris, Tammi's friend in Nashville) they use some sly means to claim they posted notice and whatever else they do so that the father never realizes what is going on and responds.

Frankly, because The Adoption Place was questioned and lost that case that was referenced here, I really wonder if they would try adopting Gabriel out in Nashville or Tennessee even.

 

[Bratlings]

An agency would call who in AZ? And why would they call?

Please tell me how she could avoid the little legal details of this:

The birth mother’s parental rights are adjudicated in the Court based upon the execution of a Mother’s Affidavit of Relinquishment of Parental Rights. This affidavit cannot be signed until the expiration of 48 hours following the birth of the child. This legal document must be signed in front of a Notary Public and two witnesses. This affidavit is promptly filed with the Court. A hearing occurs and a judge enters a final order. Texas law does not require a birth parent to appear in court after executing an Affidavit of Relinquishment of Parental Rights.

http://www.adoptionaccess.com/texas_laws.htm


PLEASE explain how she could possibly avoid her name being involved in this court case and showing up Statewide in their computers?

 

[Dear Prudence]

Thank you for clarifying. I knew she fled AZ and she was unstable but I couldn't get it straight in my mind, why San Antonio? So, this connection (friend) between Tennessee and the Smith's should be able to yield an answer. Now that I see where Mum's post of parental consent is coming from, it's highly likely that the agency coached EJ on how to get a successful adoption transferred through with no flack. It may have been legal in EJ's eyes if the transfer was made on the 27th since she didn't know yet that Logan's name was now on the birth certificate. Makes more sense now if I try to see it the way EJ did. On the 28th, Logan became sole custodial parent. In EJ's eyes, too late and to put the topping on the cake, she got her ultimate revenge by texting to him that she had killed the baby. If this is a reasonable scenario, she didn't sell him, she just "gave him away". Possible, very possible.

Can anyone do a google map of where the motel is she stayed at compared to the distance to the Raymond Russell park and fit the Tornado Bus Line station in it? Might be interesting to see where we know she had been compared to where she said she had been.

Here you go. Mels3kidz posted it not long ago in the last thread:

[ame="http://www.websleuths.com/forums/showpost.php?p=4667002&postcount=830"]Websleuths Crime Sleuthing Community - View Single Post - AZ-Gabriel Johnson, 8 months, missing since 12-26-09 thread #5[/ame]

 

[Ransom]

I thought she was using a fake name (per her court appearance)? What if she didn't tell the adoption agency her real identity?

Her fake name was for a bus ticket/hotel room, not a court document. Even if she used a fake name (in Texas) it takes 6 weeks with notification in the conception county and birth county before any adoption could happen looking for a birth father. Both of my adopted children came from Texas, my neighboring state. Both moms refused to list a father. Notices in the newspapers went out (by Texas law) and even after the 6 weeks they waited longer to make sure and more notices were posted in the papers across that big state. I got the babies around 6 months of age through Legal channels. Both of my adopted children are special needs children and both came from Texas.