Tammi Smith -The Charges

[CathyinTexas]

Yes, AZ Supior Court is involved in minor children guardianship issues:

http://www.supreme.state.az.us/selfs...mminorgard.htm

ETA: Just as in my case, notice with the court must be filed, then a hearing is scheduled--both parents have to be notified within so many days (with proof of notification) and can attend to dispute. This is when the evidence is presented and usually temporary custody for a number of months signed by judge if evidence exists, before finalization. TS obviously downloaded the paperwork but never filed with the court, having instead had the signatures notarized somewhere else? The clerk is the one who does the notarizing, when it's done legally of course. Even though one parent signed, EJ, still had to file with the court and LM notified!

I think I read somewhere that EJ was charged with something for lying to police about where Gabriel was, and accusing LM of hiding him. It is surprising that if she was charged that the Smiths wouldn't have been charged as well.

[trafficsUP66]

[B]

I think I read somewhere that EJ was charged with something for lying to police about where Gabriel was, and accusing LM of hiding him. It is surprising that if she was charged that the Smiths wouldn't have been charged as well.

It is very surprising, I agree! That 'guardianship/temp custody" paperwork would have been obviously missing the courts embedded seal. Also, EJ was already involved in the courts regarding custody disputes so signing away only 'her' rights wouldn't have made sense. Since she knew this and according to TS is extremely "smart" it makes no sense that she would've come up with this idea on her own. This shows yet another count of conspiracy on behalf of them both as BeanE also mentioned in her post. And, since it resulted in those 8-10 days of 'custody' Gabe spent at that house, this imo directly resulted in custodial interferrence. That was more than a week he did not see his daddy while living with complete strangers!

I don't see how LE can just overlook these circumstances as they led to EJ running once LM filed for custody to prevent his son being just given away like an object???

[Ives]

Soory to be MIA! anyway, question, what kind of papers were these? and who had custody of Gabe when they were signed?
I am asking beause in TX, I believe, if I wanted to take a peice of notebook paper down to the local notary, saying I wanted "so and so" to have temporary gaurdianship, until "such and such" and that they had my permission to seek medical attention for my child, I could.
I of course could be very wrong here. but about 10 years ago, I seent this done. My friend was haveing problems as a teen mom, and let her mom have the gaurdianship, but she still had actual custody of the child.

EXAMPLE ONLY!!-
To whom it may concern,
I (mother) give (so and so) TEMPORARY Gaurdianship of (child). Until such time as I am able to provide adequete care for my child. this gaurdiansip can be revoked at anytime by "me" the mother. I also give permission for (so and so) to seek medical attention for my child, and rights to provide my child with education.
then of course both parties would sign and it would be notarized. not necc. Legal document, but a written agreement of sorts. of course I'm sure courts could override this paperwork also. just giving an idea.

another question, with the above being said, if something like this was done, would this still be considered interference? while I do not believe TS went in blindly, with what she knows about custody, could she play "ignorant"? Like she thought her part was "legl" ad in the childs best interest?

[BeanE]

They are scheduled to appear for separate hearings in Maricopa County Superior Court on Tuesday

Snip

Repeated requests for interviews with Smith and her lawyer in recent weeks were declined.

snip

In the ongoing investigation, authorities have compiled 1,575 pages of discovery and 52 CDs of recorded interviews, according to Maricopa County Superior Court documents.

snip

Smith is facing charges of forgery and conspiracy to commit custodial interference and is free on $15,000 bond. Smith and her husband, Jack, who were interested in adopting Gabriel, were named by Tempe police as persons of interest in the case because authorities believed the Smiths withheld information that could have led to the whereabouts of the boy.

http://www.eastvalleytribune.com/story/151556

[BeanE]

Tammi Smith

Case Number: CR2010-101760

3/9/2010 8:15 Initial Pretrial Conference
3/9/2010 9:30 Oral Argument

http://www.superiorcourt.maricopa.go...=CR2010-101760

[kappy50]

Tammi Smith

Case Number: CR2010-101760

3/9/2010 8:15 Initial Pretrial Conference
3/9/2010 9:30 Oral Argument

http://www.superiorcourt.maricopa.go...=CR2010-101760

Well does TS have to show up for this ???

[Litlred]

Wow did the EJ drama smother out what happened to TPS in court today? Anyone know what happened with TPS?

[kappy50]

Wow did the EJ drama smother out what happened to TPS in court today? Anyone know what happened with TPS?

I think I read, and I've read a bunch today, that it had been moved to April...not sure though...

[BeanE]

Motion to extend time:
http://www.courtminutes.maricopa.gov...0/m4152496.pdf

IT IS ORDERED designating this case a complex case.

IT IS FURTHER ORDERED reassigning this case from the Master Calendar to Judge McMurdie for all further proceedings.

IT IS FURTHER ORDERED vacating the Initial Pretrial Conference set for April 5, 2010 before Comm. Roberts.

SCHEDULING CONFERENCE & JOINT CASE MANAGEMENT PLAN:
IT IS ORDERED setting a Scheduling Conference for April 16, 2010 at 8:30 a.m. before Judge McMurdie.

http://www.courtminutes.maricopa.gov...0/m4159877.pdf

[Kamille]

Did I read that correctly that TPS's case has now been designated "complex"?

[BeanE]

Did I read that correctly that TPS's case has now been designated "complex"?

AZlawyer would have to confirm it, but if I'm reading the Maricopa website correctly,

Party 1 - the State
Party 2 - Elizabeth
Party 3 - Tammi

Defendant 1 - Elizabeth
Defendant 2 - Tammi

and therefore, it's Elizabeth's case that's been designated complex.

Again, it's better to ask in Legal Questions because AZlawyer is probably used to interpreting this stuff. I'm just really guessing.

[Kamille]

Thanks BeanE. So the two cases are tied together...which makes sense and therefore they are both designated complex. I'll say LOL.

[pittsburghgirl]

I'm also noticing the "joint case management plan" language--and wondering if LE knows a lot more than they are saying to us via the media. The cases wouldn't have to be tied, unless the LE theory is that TS is in it up to her eyeballs.

AZlawyer, can't wait for your take on this new development.

[BeanE]

I'm trying to get convicted criminal Tammi Smith's past criminal history and prior bad acts together in preparation for her upcoming hearings and trial so we can refer to it as necessary, as I think these things will be brought up. With her criminal history, she's going to have a heck of a time trying to get reduced prison time.

Speaking of prison time, have we figured out how many years she's looking at?

Troubled pasts of women in 'Baby Gabriel’ case
March 5, 2010 - 8:36PM

For eight weeks, the Tribune has combed through police reports and court records from numerous jurisdictions across the country

snip - Smith once worked as an exotic dancer in New Orleans, aspired to be a country music singer pursuing fortune and fame in Nashville, Tenn., and at one time was married to two men at the same time, according to police reports and court records.

In 2001, she paid to give her three children up for adoption to her ex-husband and his wife after a costly 2½-year custody battle, according to Smith and the second of her five husbands, Kieth Facio.

snip - Smith is facing charges of forgery and conspiracy to commit custodial interference and is free on $15,000 bond. Smith and her husband, Jack, who were interested in adopting Gabriel, were named by Tempe police as persons of interest in the case because authorities believed the Smiths withheld information that could have led to the whereabouts of the boy.

snip - Investigators said it was Tammi Smith’s “desperate attempts” to adopt the child that hindered the investigation. Police allege that the Smiths had a plan in place to adopt Gabriel or were developing a plan to somehow pick up the child in Nashville, Tenn.

snip - Smith also wrote the name of her first cousin, an ex-convict named Craig Cherry, as being a potential father to Gabriel on a paternity-test petition before she drove Johnson to the courthouse, according to court documents, which lead to the forgery charge against her.

In late 1996, Smith was arrested in another forgery case — for stealing checks from Facio and signing his name to them, according to St. Bernard Parish District Court documents in Louisiana. Smith was not authorized because her spending habits had put the family in financial straits before, according to a police report. The charges against Smith were later reduced to attempted theft, misdemeanors, and she was ordered to repay Facio $1,149 in restitution, according to court records.

snip - When Smith married Riddle, she became married to two men at the same time — Mikel Sikora of Phoenix was the other, according to court records.

snip - Smith, who said she could not track down Riddle, had the marriage annulled in Maricopa County Superior Court in 2001, according to court records.

snip - During 2006 and 2007, Smith operated a colon-cleansing business in Nashville for 15 months without a license before the Tennessee Board of Medical Examiners ordered her to close and fined her

snip - “She neglected us,” Gabriele Facio said. “She took us, sorta kidnapped us, right before I turned 6. After that, my dad had enough and divorced her. She wanted money and fame. She didn’t like working or taking care of children. It was never her thing. She wanted to make an album, be a country singer. That’s when she met Jack and left her guy.

“In the end, it was us or him. She chose him.”

snip - “I remember being mom,” she said. “I helped my dad raise my brother and sister. I cared for them even when Tammi was around. She neglected us, didn’t always feed us, didn’t always change diapers. She spanked us for crying or doing something little. We were children.”

Smith does not express any regrets for giving up the rights to her children

http://www.eastvalleytribune.com/story/151556

[kappy50]

Well I hope I am posting in the right place...after looking at the video of TS in court yesterday...I just wanted to go just pull my hair out. All laughing, smiling, nice cross necklace....She looked like she didn't have a care in the world. And JS standing beside her with little H with them. Plus her attorney looked like and acted like TS. I don't get it. Does she not know she is possibly facing time in jail ??? I saw where EJ could get 20 years, but never found what amount TS could recieve.