Missing Baby Gabriel Johnson- Tammi Smith Status Conference | One Felony Dropped, Two Left

Phoenix, Ariz. Tammi Peters Smith is scheduled to appear in Maricopa Superior Court at 8:35am (MST) on Tuesday February 8, 2010 in Phoenix, Arizona for a Status Conference, which is a pre-trial meeting of attorneys before a judge regarding how the case is proceeding, what discovery has been conducted (depositions, interrogatories, documents), any settlement negotiations, probable length of trial, and other relevant matters in progress toward a trial. In fact, a trial date could be set at this time. Smith's attorney is Michael D. Kimerer.

Other pending court dates are Friday February 12 for a Preliminary Hearing and Tuesday March 9 for an Initial Pretrial Conference, also known as a pretrial hearing. Smith and her attorney,will appear before either a trial judge, magistrate, or a judicial officer.

Tammi Smith was arrested on Tuesday February 2 on three Class 4 felony charges related to the 'missing Baby Gabriel case'. The charges are: Conspiracy to Commit Custodial Interference; Custodial Interference; Forgery. She was jailed at the 4th Avenue Jail.

During morning's twilight, around 4am on Wednesday February 3, Tammi Smith was released from jail after her husband, Jack Smith, posted the $15,000 bail. Wearing a torn jacket but with hair and make up salon-fresh, Mrs. Smith gave an interview to the waiting news media in which she criticized the Tempe police, explained why Elizabeth Johnson filed a Paternity Petition, and explained her own anger at Logan McQueary, Baby Gabriel's father, blaming him for her brief stint in jail.

On February 4, one of the three felony charges was dropped- Custodial Interference. The other two charges- Conspiracy to Commit Custodial Interference and Forgery remain viable. A Maricopa County Attorney said that these are the only charges that Tammi Smith will be prosecuted on at this time. "These are the charges that our office is comfortable prosecuting right now. Our standard is whether there's a reasonable likelihood of conviction, based on the evidence in possession of our office at the time the charges were filed. That's where we are for now," said court attorney Andrew Thomas.

Tammi Smith could be convicted of the two felonies. Police say that Mrs. Smith withheld information during their investigation of Baby Gabriel's disappearance and that she forged a court 'paternity petition' on behalf of Baby Gabriel's mother, Elizabeth Johnson- Mrs. Smith falsely wrote down her cousin Craig Cherry as a potential father of Baby Gabriel. Mr. Cherry was interviewed by police and said he had never met Johnson.

Jack and Tammi Smith had hoped to adopt Baby Gabriel, who was kidnapped at age eight months by his mother Elizabeth Johnson and then either sold, given away, or murdered. The uncooperative mother is unforthcoming about the truth. Tammi Smith helped Johnson during her Johnson's ten-day kidnapping venture, which began in Tempe, Arizona and paused for eight days in San Antonio, Texas. Baby Gabriel was last seen, with his mother, on December 26, 2009. Johnson was arrested in Miami Florida on December 30. Investigators began questioning Jack and Tammi Smith on the day after. The police named the pair 'persons of interest'. However, police have divested Mr. Smith of that distinction.

Elizabeth Johnson remains held in jail on a $1.1 million bond and on the following four felonies: Kidnapping; Child Abuse; Custodial Interference; Conspiracy to Commit Custodial Interference. Baby Gabriel remains missing but with his father and famous investigator Jay J. Armes hot on his trail. Mr. Armes has put together a formidable investigative team. There is new surging hope that Baby Gabriel is still alive.

Source: ktar Smith formally charged in Baby Gabriel case.