Not Guilty, Says Tammi Smith; Charges Have Nothing to Do W/ Baby Gabriel Disappearance, Says Lawyer

Thursday, February 18, 2010; Phoenix, Arizona. Law Enforcement suspect Tammi Smith in the case of missing nine-month-old Gabriel Johnson pleaded 'Not Guilty' to felony counts 'Forgery' and 'Conspiracy to Commit Custodial Interference' in an Original Arraignment Hearing at Maricopa County Superior Court. Smith was arrested and jailed on February 2; she was freed on February 3 when husband Jack Smith posted her $15,000 bond.

Gabriel Johnson was taken by his mother, Elizabeth Johnson, from Tempe Arizona to San Antonio Texas in December 2009. Johnson reneged her claim to the father, Logan McQueary, that she had killed their infant son and dumped his body. She claimed instead that she had given Gabriel to a couple in a park. Since then, some evidence points to her having sold him. Johnson is held in Maricopa County Estrella Jail on four felony counts including kidnapping and child abuse and on a $1.1 million cash-only bond. McQueary is searching for Gabriel in Texas even as San Antonio investigators continue a landfill search for a body.

Tammi Smith, who had once hoped to adopt Gabriel has retained high profile attorney Michael D. Kimerer. Her representative today from his law firm Kimerer & Derrick, P.C. was Amy L. Nguyen, who joined the firm as an associate attorney in 2004 and whose practice is devoted to Criminal Defense in State and Federal courts. The law firm is famous for numerous high-profile cases that include Chapman, Milke, and 'Sleepwalking' Falater.

Smith was quiet upon leaving the courtroom today as she fulfilled her attorney's directive that she be silent. However, attorney Amy Nguyen made the comment that they [the law firm] do not know why Smith has been charged. "We know it has nothing to do with the disappearance of Baby Gabriel," Nguyen said. "It's all speculation at this point. We haven't been given any information by the State."

Kimerer had told the news media after the Tempe police press conference held following Smith's arrest on February 2 that he didn't even know what Smith had been charged with.

The Forgery charge seems to be a black-and-white issue. Smith confessed to writing in her cousin's name on Johnson's Paternity Petition. Yet, extenuating circumstances may come out as Gabriel's story unfolds.

Regarding the 'Conspiracy to Commit Custodial Interference', This too will have to unfold-with full information. Right now, there is a she-said he-said situation between Tammi Smith and Logan McQueary regarding what went on regarding the possible adoption of baby Gabriel by Smith and her husband. Attorney Amy Nguyen told the news media that Tammi Smith is 'anxious to get it behind her'.

While a host of companies are helping to fund a San Antonio landfill search, nonprofit organization Jessica's Law has offered to help fund McQueary's search expenses-also funded by The Gabriel Johnson Trust Fund, which will also be used to increase the $5,000 reward for Baby Gabriel's safe return. McQueary's expenses include hotel accommodations, gas for his truck, and the cost of printing the 'Missing' flyers that he and his cousins are passing out everywhere they go.

Jessica's Law is holding a three-day fundraiser at Manny's Mexican & American Restaurant in Avondale, Arizona this weekend. The dates are February 19-21, Friday-Sunday. There will be live music, dancing, and dining. A raffle for a football autographed by ex-Arizona Cardinal quarterback Kurt Warner is planned for Saturday. Manny's is at 12345 West Indian School Rd.

If you would like to make a donation-which will fund McQueary's search as well as increase the reward money for Gabriel-stop in at any Bank of America branch and give to The Gabriel Johnson Trust, account #457015122018. You can mail donations here: The Gabriel Johnson Trust / Attn: Sheryl Carnes / Bank of America / 1030 Willow Creek Rd. / Prescott, AZ 86301

^{If you have seen Baby Gabriel or know where he might be, please submit your tip to jjarmes/babygabriel. And/or call 1-800-THE LOST. (Sources: ArizonaCentral; MyFoxPhoenix; TheFirmThatCares)}