Gabriel Johnson -- Missing 12/26/09

Ann - Tx wrote:Hhmmm, I don't know what Julie's schedule is but if she is available, she might even take yaul to Live Chat here at RC.

Now that would be cool! It is a lot of fun.

I might just stay logged in, and come back and hit refresh once in a while, but I'll go log in there. Anyone else can just jump in too. Go to the Forum page, scroll down to the bottom. Click LogIn on the right hand side. And chat. I'll come clear the page once in a while too, otherwise it runs slow.

Any updates or new info on the Tami Smith case I want to share I will post here.

art tart, are you going to watch the trial today?

Julie wrote:

Ann - Tx wrote:Hhmmm, I don't know what Julie's schedule is but if she is available, she might even take yaul to Live Chat here at RC.

Now that would be cool! It is a lot of fun.

I might just stay logged in, and come back and hit refresh once in a while, but I'll go log in there. Anyone else can just jump in too. Go to the Forum page, scroll down to the bottom. Click LogIn on the right hand side. And chat. I'll come clear the page once in a while too, otherwise it runs slow.

If anyone wants to use the Live Chat during the trial, go right ahead. Just Log In and chat away. If Mama is there, I think she can clear the screen too. And Estee.

Ann, are people going to be here in chat for Tammi Smith, or in Ventrilo?

Chickenbutt wrote:Ann, are people going to be here in chat for Tammi Smith, or in Ventrilo?

I will be posting directly to the Gabriel link. IIRC, some will be on the Ventrilo link.

Freckles wrote:

Chickenbutt wrote:Ann, are people going to be here in chat for Tammi Smith, or in Ventrilo?

I will be posting directly to the Gabriel link. IIRC, some will be on the Ventrilo link.

If it's important info that you want preserved, post it here. If you just want to chat about the trial, you can use Live Chat. If you have and know how to use Ventrillo, you can use that.
And if you're really talented, you can use all three at once! :)

I know this is dense of me, but I can't figure out where to click for chat. I read Julie's post on Hinky Refuge forum and don't see any such named box to click.

I also can't get any streaming videos. Is the trial not in session today?

Thanks for any help for a stupid newbie!

Oh duh, nevermind! I see it now

Hey Chester, I left you a message in the chat box. You were in the right place.

http://www.azfamily.com/home/related/WATCH-LIVE-Tammi-Smith-prepares-to-take-the-stand-at-trial-150803045.html
AZFamily 3-TV Phoenix, AZ

Live Stream - Tammi Smith trial

Should start streaming soon.

http://www.azfamily.com/home/related/Watch-LIVE-Tammi-Smith-takes-the-stand-in-Baby-Gabriel-case-151404045.html

Late. Sorry. Tami on stand. Being examined by State.

Tami Smith said:
She spoke with Logan.
She said Logan said he had spoken w/ his father; wanted TS and JS to adopt the baby.
She said the detective told her Logan did NOT want to adopt out the child.
She said she thinks Logan was trying to play her.

Tami said those were two discrepancy in the conversations.
Tami said she spoke often with Logan.
Tami said Logan did tell her of the claim of kidnapping, not knowing of the adoption,EJ behavior in re to baby.
Unsure of Logan telling of problems with EJ.
Tami said she started to bond with Logan.

oh my, thank you freckles - I just luv you to bits !

State is mentioning different detectives calling TS.
TS agrees but is unsure of dates.
TS says she was worried about the baby being dead.

Does TS recall talking with detectives about Logan"
Yes.
Logan's history"
Yes.
EJ facing kidnapping charges?
Yes. She told detectives she had told Logan re the kidnapping charges.
TS told detectives she knew Logan was telling lies.
TS said a bunch of lies Logan told on paper work:

State is asking about TS being on Nancy Grace,other media. State said TS appeared in attempts to find Gabriel?
Yes.
How many times on NG?
TS does not recall NG shows?
Between Jan 5-10?
TS believed it was earlier.

State asks: Jan 13?
TS agrees.
Is TS aware NG provided transcripts?
TS presumed so.
TS says she has boxes of stuff. Doesn't read them all.

The Prosecutor is eating Tammi's lunch! I loved it when the Judge told her to answer the question.

Tammi is getting rattled. This prosecutor will turn Tammi every which way but loose! Yes. Mouthpiece!

Judge is redirecting TS.

State asks if mentioning Logan's criminal history helped in finding baby?
TS said she was probably told to do that.
TS mentioned Logan was threatening EJ; TS felt Logan was threatening TS to tell EJ?
Yes.
Was there a text message telling you if EJ did not come back something would happen to you?
TS states it might have been in phone conversations.

Do you recall telling NG EJ might have gone underground?
TS: Not sure. She is now reviewing the transcripts.

Wow, Freckles. I've missed part of the trial. Thank you for your minute by minute. I'll read it tonight.

You are so awesome! You are the best!

TS is reading NG's transcript. Said she is now remembering.

State asks if TS recalls a myspace post of EJ going underground?
TS: yes.
Do you recall saying you believed EJ went to domestic violence shelter?
TS: blunders... does not know if she said it; even if she said it, she would not recall.

TS reading NG trans again.

For those who cannot see the live streaming, Miss Tammi is wearing a very low cut camisole in purple showing much cleavage adorned with the cross necklace.

She is also showing signs of selective memory and lots of throat clearing that Freckles mentioned last week!!!

She keeps not answering the actual question the prosecutor asks and is getting "feisty" with her...will be interesting to see how far the prosecution pushes her today.

State reasks question,
TS: States she is unsure but if it said it, then she did say it.

State: Is it not correct you said underground because you did not want it on media she went to domestic shelter?
TS: Yes

State no further questions.
Redirect.

http://www.kpho.com/category/224303/kphocom-local-live-streaming
KPHO Phoenix, AZ

Direct Link: Live Stream - Tammi Smith trial

http://www.cnn.com/video/#/video/cvplive/cvpstream3
CNN.comLive - Tammi Smith trial

Direct Link: Live Stream - "Baby Gabriel . . . "

Defense to TS:
Did you change your opinion of Logan?
Yes. At first he talked pretty bad about EJ. Then Logan talked with his dad. HE wanted to know if he was supposed to pay child support to TS.

While this was going on, did the PD want to know about Logan"
They did not want to hear about Logan.

Do you recall saying this was Logan's child and you were never going to be able to adopt him?
Yes.

Did your opinion change ?
I don't know who to believe. They are both lieing to me. EJ stated she had killed her baby. I could never help some one who did something like that.

Why go on media?
To give fresh news. To try to find the baby. We could be on there everyday had the detectives not "cut us off at the knees."

How many times did you talk to the police?
About 30 times.
Allowed them into the home. Gave them access to computers, etc.. Wanted PD to find the baby. Felt the PD might think THEY had something to do with the missing child.

What has this case done to your life?
TS: THROAT CLEARING: Worked very hard to build my company. Took a good 6 years to start business, train others, help others, because of going on TV to find the baby, people went on internet saying they did horrible thing, kidnap babies, had to sell her Mercedes , lost the house. Because they are Christians, they know they can rebuild. They are down to one business and struggling.

What happened to your house?
TS: Our beautiful home? It i s in foreclosure.

Defense rests.

Jury question:
Before you gave the handwriting sample, where you shown where you wrote the name, "Craig Cherry"?

TS: No.

TS is excused.

Court break until 11:30, 15 minutes.
Defense DOES have more to call.

Judge: Is there going to be privilege called?
Next witness is atty Ken Shuitt (sp)
No.
State will call a detective following Ken(t) Shuitt (sp)

Judge says closing today.

I am a little surprised the cross examination was so brief...seems like they had lots more to press her on?? But the state said they will bring in Det Ramirez one more time during their rebuttal case, and this will happen once the defense puts on attorney Shutt and rests. Break right now waiting on Shutt to arrive.

Here is a link where you can chat and watch the video stream at the same time.

http://www.realitychatter.com/h8-tammi-smith-trial-live-chat

This is the Link to the Anthony Portal. To the left of the video box is a Twitter box titled: Anthony Updates

Justice4All had set this up for us during the Anthony "saga."

For many months now, it is used by multi-media networks.
I think it should now be called "Multi-Media Updates". Maybe J4A will do that change for us.

InSession is tweeting their updates in the Tammi Smith trial. It is great to check ever so often especially when there is a break (could be sidebar or whatever) in the trial. They will usually tweet what is going on.

I keep this as an open window and will click on it to see what they are tweeting. There is a scroll bar to the right of the box. J4A thought of everything when he set this up for us!

Other media may tweet pertinent news also.

http://www.realitychatter.com/?pid=4
Reality Chatter - Anthony Portal - Twitter box

Justice4all wrote:Here is a link where you can chat and watch the video stream at the same time.

http://www.realitychatter.com/h8-tammi-smith-trial-live-chat

How can I easily find a link like this during trials? Or will you post the link on the relevant thread after you set it up?

Justice4all wrote:Here is a link where you can chat and watch the video stream at the same time.

http://www.realitychatter.com/h8-tammi-smith-trial-live-chat

Wow! Justice4All, you are absolutely awesome!

Thank you very much! I am sure many will appreciate that they don't have to leave RC to watch the trial. And they can chat if they want to. Incredible!

Atty for TS, Kenneth Schuett called.


Atty for 30 years in AZ.
Practiced civil law, adoptions, divorce landlord/tenant.
Not currently doing adoptions. Did 3 uncontested adoptions. Both parents agree to give child up.

Contested is when one parent does not agree.

Met JS/TS through the church. Dec 2009. He was hired to do an adoption. Early Dec 2009. He only handles uncontested adoptions; county will handle the adoption after home study is done. He was hired for "Josiah David", who was not yet born. Both parents on board. Child may have had Downs Syndrome. It was to be uncontested adoption.

He drew up the papers for uncontested adoption.

Temp Guardianship:
Gap in time when between adoptive parents taking custody and court action. This would cover that.

Did he fill out the papers?
Shuitt believed he did.
Do you need to have an attorney for legally adopting?
No.
He advised Smiths to get someone to represent the babies' parents to get legal counsel.

Adoption did not go through. Based on financial arrangements per adoption. He told the Smiths; they were unable to meet the demands.

Is there a legal limit? Presumptive limit of $1,000.
Base amount but the courts can increase this.
Smiths offered 1,200. It was rejected.

Smiths then approached re Gabriel Johnson; TS called him.
He understood she had met EJ and it would be uncontested. He prepared same docs of consent and temporary guardianship. (The docs could be revoked until actual adoption.)

He was told the father had decided not to proceed with the adoption. He had concerns. He did speak with EJ in Dec 2009. Before Dec 15, 2009. He was sure. He had surgery on Dec 15 and did not work for weeks after that.

He felt legal counsel was needed. Told TS to get the atty.
There may have been a custody battle with the father.

Never rep EJ. Spoke with her once only.

Shuitt still on stand.

EJ was reluctant re the name being disclosed of a potential other father for Gabriel. Shuitt told her to explain to the court.

After his surgery, TS called him re the possibility Logan was going to CONSENT to adoption. Heard again when mother had left state after haring.

He said he would not rep TS. He told TS to tell EJ to get back into state for the hearing; he gave attys names to tS for EJ.

He advised unless both parents consented, there would be no adoption.

He understood the custody hearing in Dec WAS to determine the paternity of baby.
EJ DID acknowledge Logan was the father.
He did not think TS was ever obsessed with the adoption.

He is helping with adoption of Savannah.
This child's father was in and out of town, a drifter.
This parent signed a consent in Sept 2040. Adoption is not final until home study is completed.

Cross examine after lunch.
Return at 1:30.


Judge: Attorney client info as to what EJ/ atty discussed.
Atty is NOT to reveal any conversations he may have had with EJ.

Det. Ramirez after lunch; jury will be sent home; they will then discuss jury instructions today.

Justice4all wrote:Here is a link where you can chat and watch the video stream at the same time.

http://www.realitychatter.com/h8-tammi-smith-trial-live-chat

Hey J4A, I wasn't able to see a video screen, nor the Court Seal, while they were at lunch. Just the chatbox.

Since he met TS/JS in early Dec 2009, and has only handle 3 adoptions to current date, Hannah would be the child TS/JS had this atty on record for. (TS stated to Rachael THIS was the atty she had used before for the adoption of another child.)

TS/Js had adopted Hannah first of Dec 2009, I conclude, since TS had met this atty first of Dec. This was then followed by the request to atty by TS to draw up papers to adopt Rachael's unborn baby, "Josiah" and then to adopt Gabriel.

Meantime, TS is trying to adopt Gabriel as well.
(Something Hinky is going on here. Hannah, Rachael's baby, Gabriel all to be adopted in Dec 2009, in addition to Savannah? )

There was another baby mentioned earlier in testimony by TS. That mother was unwilling to give up her child.

BTW, TS/JS have now lost 5 of their 6 businesses, have their home in foreclosure, and she has lost her Mercedes.
Realistically, IF they had adopted Savannah, Rachael's baby, Gabriel and another child, that would make a total of 5 adopted in Dec. 2009. They could not have financially afforded it. Not if they are now in foreclosure.

Back.

Is the trial back on now, if so where?

I have been in the chat box from the link on the above post by J4a, and I can't see anything except the chat box. I have nothing above it.

State examining atty Shuitt.

Re adoption,
"Josiah"-- he rec an atty for private adoption to understand the rights they would be waiving. Atty gave name of attys to TS to help with the home study especially if EJ returned to the state.

He was charging discounted fees.
He spoke with the state re fees the atty for Rachael would charge to review paper work, etc..Charge more if child had to be located.

Do you recall in addition to attys fees of 2500$ Rachael was asking for 2500$. yes

What has to happen to rec additional funds for adoption?
Apply, judge would review paperwork and notify the attys.

Did he speak at all with JS re adoption of Josiah?
Did not recall. Spoke with TS.

Was the counter offer rejected?
The other atty informed Shuitt they were not going forth with the adoption, no reason given.

http://www.azfamily.com/home/related/Watch-LIVE-Tammi-Smith-takes-the-stand-in-Baby-Gabriel-case-151404045.html

Email, EX 235, of the paperwork the atty drew up for adoption of Josiah. He did fill it out. He may have filled out for the temp guardianship.

Temp guardianship was for 6 months. Josiah born Dec 3 2009. If no home study done, have 5 days to apply for home study. Temp guardianship covers the period.

Re Gabriel: Had he known it was contested, he would not have proceeded. TS told atty EJ was afraid to list the real bio dad. Atty told TS to tell EJ, EJ should use John Doe. Atty did not advise the use of a real person's name.
Only point is to make sure the court knows there is a third party.

Intention was to use the names listed to obtain DNA.

Notice: To send info from the courts. If the person can not be located, additional methods to be used.

TS asked atty to rep EJ in the hearing. He declined. He offered other atty names. He told her she needed to be in court. If unable to be there, she needed a courier to represent her.

He rec a check for 250$ on Dec 8, 2009 for adoption of Josiah. He applied the money to future adoptions.

He became aware of the court hearing/notes, EJ admitted Logan was the father. Atty told TS of this. Atty was unaware of TS/JS going through adoption classes.

He did not know of TS before 12/2009.

He was unaware of how TS met EJ, or Rachel.

Atty Shuitt excused.
Defense rests.
State has rebuttal:

Det Ramirez:

What happened during search warrant?
Objected. Judge rules it may be answered.

3-4 PD officers undercover present.
Wore vests. Were armed.
6 detectives and a sergeant present for detectives.
No SWAT team present.

Usual procedure for a SW.
Large home, 5,000 sq ft.
Home was not torn apart.
Computers not taken.
Desk top not taken.
PR made a copy of cell phones and of computer due to businesses of Smiths.

They were there until 1:00 AM.

Helicopters present? Tempe doesn't have any, none were borrowed. Perhaps media? PD did not notify media of the SW.

TS had spoken to media. PD has media officer. Info is limited so as to not compromise investigation.

This is good! The state has Det Ramirez on the stand rebutting the testimony of Tammi - asking question after question of what differed between prior LE interviews and what TS said on the stand. And there are lots of discrepancies....state is proving that TS likes to spin tales and her credibility is seriously compromised. LOL.

PD told Logan what would be released to public including his record.

Det Ramirez heard stuff unheard of before.

Jan 14th, TS informed Det Ramirez TS HAD been at court house hearing.

TS told her of TS drinking wine, etc. the night before.
Now she is stating it was a few days before.

Det 12/22/2009 told she typed doc for EJ. Did not know why. On stand, TS said a printer was broken.

Det said TS invited det to sit on floor with her; det declined as it would compromise her. Door was left wide open. The interview at that time was recorded and available for jury.

TS said she met EJ and grandmother at airport; det never heard this before.

TS said EJ told TS she was changing hair colors and TS would never see Gabriel. Det never heard this before.

TS said she should harassing phone calls; det never heard this before.

All kinds of lies!

Defense atty cross examining detective Ramirez.

Was it your testimony you recorded many of the conversations? No.

Is it unlawful to give a media interview?
No.

Did you tell her not to talk with the media?
No.

Were there any calls you did not record?
One.
Was that because you were at home ?
Yes.

State rests.
Defense rests.

Final jury instructions tomorrow.
10:30 AM for jury

Freckles wrote:Final jury instructions tomorrow.
10:30 AM for jury

Great job Freckles....now everyone who wasn't able to watch the proceedings have a comprehensive review of today's testimony. Thank you - You rock!!!

Freckles, I missed some of the trial today. You have no idea of how much I sincerely appreciate your minute by minute updates. Your skill in doing so is incredible!

As you know, there are many Hinksters that work and many are blocked from media sites; some can not watch the trial at work. Some can only click on a site, such as RC, for updates.

There were so many that relied on us to post updates in real time.

I know there will be many, like me, that will be very appreciative of the awesome minute by minute updates.

Thank you, Freckles! You rock!

Were you ever a Court Reporter? Your skill is awesome!

Are we up at the "regular time" today (irrc, 10:30 am PDT) for closing arguments? I tried searching for this info and couldn't find anything. TIA!

Weeziethm wrote:Are we up at the "regular time" today (irrc, 10:30 am PDT) for closing arguments? I tried searching for this info and couldn't find anything. TIA!

As far as I know, this is the schedule. The judge will start off with jury instructions and then Pros. will give closing and then Defense and then Pros again. I could be wrong but that is my understanding.

tesstruhart wrote:

Weeziethm wrote:Are we up at the "regular time" today (irrc, 10:30 am PDT) for closing arguments? I tried searching for this info and couldn't find anything. TIA!

As far as I know, this is the schedule. The judge will start off with jury instructions and then Pros. will give closing and then Defense and then Pros again. I could be wrong but that is my understanding.

Thanks, Tess.

Just getting underway. Prior to jury being present, the attorneys and Judge are resolving several issues. The state has taken OFF one of the 3 elements of Custodial Interference, and introduced a Verdict form which would define the level of felony (4 or 6) if TS is found guilty.

ETA: Also adding a definition to the jury instructions. Seal is back on, but should be underway in the next few minutes (per Judge).

ETA: Back. Judge is reading the jury instructions. He said the State will then begin their closing arguments and go into the lunch hour. Then one hour for lunch break. The defense will then do their closing arguments, with the State ending up with any rebuttal.