TN - Gail Nowacki Palmgren, 44, Signal Mountain, 30 April 2011 - #4

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I did some research reading articles on the case so I am a bit more updated. Three recorded arguments with police involvement? Hubby is accusing her of mental illness? This does not sound good to me.

I would think that the proper response would be to speak with LE extensively about her "issues". But if no one but the husband is stating this, there is a problem.

I find it unusual that he filed for separation and custody right now. If he could show evidence that she actually was planning to flee with the kids, then maybe it would make sense but she just disappeared.

It is not usual to hire criminal defense attorney for a divorce unless the attorney is a friend. That does happen occasionally. But added to the other issues with this case, something doesn't smell right.

Yes, he can file a TRO and he does not need her to be present to get it. However, if he can't find her to serve her, he would have to serve her via "publication" after a while, getting permission by the court to do so and then putting the summons and petition up at the court house and in a newspaper. He can then proceed and get a default judgment.

I smell a rat but if he really had nothing to do with this and thinks she ran off, this (filing for custody) would be a good way to fish her out.

Gitana: Thank you so much!

I'm a local who lives in the same county. I've known lots of divorced people but I've never heard of this firm being divorce lawyers.

Davis and Hoss run a blog called Tennessee Criminal Law Review:

Tennessee Criminal Law Review reports on legal issues of relevance to lawyers, judges, law enforcement, and law students. Tennessee Criminal Law Review is published by Davis & Hoss.

For the year 2011 so far, there isn't one story on their blog about family law, although there are several others covering everything from gun control to sex offenders to Constitutional Law such as warrant requirements for a search.

On This Website they say they have handled "hundreds" of domestic assault cases, and also DUI, Motor Vehicle Crimes, and Expungement.

Chattanoogan Article about Hoss joining Davis firm:
Attorney Bryan Hoss Becomes Partner With Lee Davis ~ posted March 30, 2005

Bryan Hoss lives on Signal Mountain according to this article from 2008 about his wife, Courtney Hoss, who was (or maybe still is) counsel for the University of TN at Chattanooga. Mrs. Hoss isn't a divorce lawyer either, but has had a career with Baker/Donelson in labor relations, and now with UTC.
UTC Lawyer's Reach Covers Campus

His biography on the Davis/Hoss website confirms that: Here

So maybe they are just friends of MPs from Signal.
 
snipped and bbm...

On This Website they say they have handled "hundreds" of domestic assault cases, and also DUI, Motor Vehicle Crimes, and Expungement.

Maybe Matt knew he was going to be accused of domestic violence in the divorce? There are those three 911 calls and the friend who said Gail had a black eye, and Gail's obvious fear of something. I'm not saying Matt was guilty of anything, just that he might have suspected he would be charged or accused of domestic assault.
 
Maybe Matt knew he was going to be accused of domestic violence in the divorce? There are those three 911 calls and the friend who said Gail had a black eye, and Gail's obvious fear of something. I'm not saying Matt was guilty of anything, just that he might have suspected he would be charged or accused of domestic assault.

I think that's reasonable for him to have expected the accusation, but that happens often in divorce cases, and a good family law attorney would know how to handle that in civil court. If it turned into a criminal charge, then he would need the criminal defense attorney, in my opinion.

I just think the attorney who can help him best protect his assets would not be the same attorney who would be best to help him stay out of jail.

I think it's important to note that, although he and this attorney may be friends (I don't know if they are or aren't), this mountain probably is home to a larger concentration of attorneys than most residential areas. So, the fact that Matt and his attorney both live up here doesn't necessarily lead anywhere.

On the other hand, if they are friends, I think it would be most unfriendly for the attorney to take the case, knowing he's probably not the best man for the job.

One way to get a feel of who practices where and with what types of law, is to watch the docket. As I've said a couple of times, Circuit Court handles most divorces here, so that's where I would be watching. Since Monday was Memorial Day, the motion docket is empty right now, but watching the docket over time is a decent indicator of who's who, I think. And I don't think Hoss will show up on it, unless maybe it's a personal injury case against one of his DUI clients.

http://hamiltontn.gov/courts/CircuitClerk/dockets/Default.aspx
 
There was no one there when we went to return the property. We had to wait for an officer. The fire station is right next door and there is always someone there.

It does surprise me that the building was completely empty, but come to think of it, I'm not sure I've been in there since we've had no dispatcher.

Could be worth mentioning, just as a matter of info about our community, that the SMPD is quite small. I'm not sure how many officers are on a shift, but a guess might be 4. I'm assuming that if more than a couple emergencies were happening at once, HCSO might be called upon to assist. I'm also guessing the low number of officers on a shift might explain why you had to wait for an officer, since return of property would not be considered an emergency.
 
"The kids have finished the school year and we just felt it was in the best interest of everyone," said Bryan Hoss, Palmgren's attorney.

Hoss says the motions can be refiled at any time if Gail Palmgren surfaces. Hoss says in the event Gail Palmgren is located, the motions would be refiled.


http://www.wrcbtv.com/global/story.asp?s=14809209



Interesting to say the least....something's up!
 
The kids have finished the school year so Matt does not need custody?

Well we could jump off of all kinds of cliffs with the statements Mr Hoss is making. Was there something going on at school that Matt wanted to gain control of using his temporary order? Is Matt comfortable that Gail will continue to be missing? Has she surfaced in some way shape or form? Would the judge have appointed a GAL for the children to sort out what was in their best interests?

Hmmm...
 
I talked with a client today from work who is from the Chatanooga area. He was telling me they have a biker's association down there that rides about 500 miles per week on those back roads as a group and I mentioned Gail being missing and he told me he would get the word out to the group to be on the look out for Gail and her vehicle. Hope this helps! I just wish they would find Gail.
 
I would love to know what perspective gitana1 could lend to this...
 
The kids have finished the school year so Matt does not need custody?

Well we could jump off of all kinds of cliffs with the statements Mr Hoss is making. Was there something going on at school that Matt wanted to gain control of using his temporary order? Is Matt comfortable that Gail will continue to be missing? Has she surfaced in some way shape or form? Would the judge have appointed a GAL for the children to sort out what was in their best interests?

Hmmm...

No doubt!

BBM - The only logical thing, they require an order to not allow one parent or another to pick them up at school. Now, I assume they go only where he says they go and to those he trusts.

They have a great counselor at the school, I hope the kids had the chance to meet.

Purely speculation, but he wouldn't get custody if by chance rumors among LE that he may be going away for a bit. The searches are not being conducted 24/7, Gail's family is not associated with anything that I am aware of or have said anything publicly, and did Arlene go back to AL (shortening her trip of 3 weeks)?

IMHO....wondering if Hoss saw what's on the security/DVD this week! That in itself may be why MP got a criminal lawyer, a family lawyer wouldn't mess with any evidence in the case or be prepared to guide MP what to say and what not to say while an investigation is going on. Nor would a family/divorce lawyer be present when likely MP and the children have been questioned.

Wondering if Gail's sister is still in town? Is Gail's family talking to Arlene, Susie, or anyone? Has MP gone back to work? Any word? You can hear a pin drop on the mountain! :waitasec:
 
I talked with a client today from work who is from the Chatanooga area. He was telling me they have a biker's association down there that rides about 500 miles per week on those back roads as a group and I mentioned Gail being missing and he told me he would get the word out to the group to be on the look out for Gail and her vehicle. Hope this helps! I just wish they would find Gail.

Great! There are already several working on it, they may be a part or new group, the more the merrier! Thanks!
 
My understanding is that MP has been only speaking through his lawyer. Since almost the very beginning. The tidbit about the 29th argument being at the police station is new and interesting. We were just talking about having no info on that disturbance. Makes me think they were brought in or??? But this makes the safehouse info even more ominous as the fact they were actually at SMPD raises the level of seriousness to me.

No, they weren't brought in. it is my understanding he went there first...can't say more. as for the attorney, any intelligent person who is placed in a situation like this would have an attorney. in this day and age, it would be dumb not to have one.
 
Arlene's posting on the FB page.....she is driving all over the SE looking for Gail. She went from Mobile, AL to Tallahassee, FL yesterday. Says she's heading to GA and SC this week.

I wonder when Arlene came up she let IT fly to LE and maybe dropped a few dirt bombs of her own.
 
The school counselor...that is a great resource. Undoubtedly Matt has been supportive of anything that will help these lovelies deal with their Mother's disappearance. :( Situations like this are where the rubber meets the road in terms of parenting skills. It is about editing your conversation to the age level of the kids and making sure they dont feel lost, abandoned and confused....no one knows what has happened to Gail at this point. Arguably.
 
No, they weren't brought in. it is my understanding he went there first...can't say more. as for the attorney, any intelligent person who is placed in a situation like this would have an attorney. in this day and age, it would be dumb not to have one.

But in lieu of contact? Wait a minute, IIRC you posted in the past that Matt was cooperating with the investigation, so perhaps he has not "lawyered up" in the traditional sense. Do you know if the kids have had a chance to give their stories to PD?

I think the point I have trouble getting past is not hiring a family law attorney for a situation that clearly requires an expert in family law. Perhaps the moving target of a filing might have been avoided in the first place?
 
But an attorney can advice a client not to take a polygraph or the client can refuse on his own. They are not admisable in court.


This is true, but in this day and age it is an investigative tool. What a great way to stop LE from focusing on him rather than moving past him and onto another possibility.
 
From what it appears, imo, he wanted to keep GP from taking the kids from the school. The rest is just trying to clean up his image....for the moment.
 
No, they weren't brought in. it is my understanding he went there first...can't say more. as for the attorney, any intelligent person who is placed in a situation like this would have an attorney. in this day and age, it would be dumb not to have one.

Speculating, that makes sense he went there first, since many speculated like the last call, on a Friday, and possibly not wanting to undertake a 'family trip', since the boat issue was deterred the Friday before. That doesn't answer the 911 dispatch call (could be from the parking lot) I believe was confirmed, or even if you show up you have to call 911??

I agree about the lawyer thing...it is bound to get ugly before it gets better.
 
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