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Tammi Smith: Her Hope to Adopt Mom of Baby Gabriel

Rik Merchant
On December 9, 2009, Elizabeth Johnson told Tempe police that her eight-month-old son, Gabriel Johnson, was missing. On the same day, police found Gabriel with Jack and Tammi Smith in their Scottsdale home. The Smiths showed police their legal guardianship papers for Gabriel- provided by Johnson. Police arrested Elizabeth for 'False Reporting to Law Enforcement'. On the 11th, the father, Logan McQueary, filed for full custody of Gabriel and no visitation rights for Johnson.

On December 14, Tammi Smith drove Elizabeth to the courthouse. Time was tight. At the last minute, Elizabeth said she was afraid to write in the name of a real potential father on the Paternity Petition. Tammi hastily- and falsely-wrote in the name of her cousin Craig Cherry on the document.

On December 18, Elizabeth kidnapped Baby Gabriel and left Tempe Arizona with him. On the 20th, they arrived in San Antonio Texas. On the 26th, Elizabeth either killed, sold, or gave away Baby Gabriel.

On December 27, Elizabeth sent cell-phone text messages to Logan stating she had killed their baby and how. She also called Logan and vocalized, "I killed him". She vocalized how she had killed him. Logan recorded her words on a digital recorder (later impounded as an evidentiary item).

Also on December 27, Logan went to the Tempe Police on 120E 5th Street and reported Elizabeth's frightening calls. They learned that Elizabeth was in Texas. Sgt. Lenzen called her. He told her to contact Texas Law Enforcement and confirm that Baby Gabriel was alive and safe. Elizabeth refused. Gabriel officially became a missing endangered child.

Also on December 27, because of the December 9 incident of finding Baby Gabriel at the Smiths, Tempe law enforcement visited Jack and Tammi Smith to see if the baby was again in their care. They interviewed Tammi. With her and Jack's permission, they searched the property. Gabriel was not found.

It was later discovered that during the December 27 interview, Tammi Smith had withheld from police the text messages and phone calls that she had exchanged with Elizabeth on the 27th. She had also withheld the text message that she had sent to Logan on that day. The text read: "Can we get together tomorrow morning with you and your dad? I'm afraid she [Elizabeth] will be gone forever, because she doesn't want to go to jail for kidnapping. She doesn't trust u or ur dad. The only way she'll come back is if my attorney faxes the signed papers to her so she won't get in trouble, and Gabriel b w/us." Logan shot back a text message saying 'no' and that he wanted Gabriel returned to him.

Police later learned from Tammi Smith that she had researched on her computer how Elizabeth (while in Texas) could change court jurisdiction regarding a scheduled court appearance for a child custody hearing at Maricopa County Superior Court in Phoenix. Tammi told police that she gave the jurisdiction data to Elizabeth and that she called lawyers asking for advice on how to change jurisdiction. She also called a relative in Tennessee to learn if housing was available for Elizabeth. She advised Elizabeth to enter a shelter.

Tammi also researched the topic of 'adopting an adult' with the hope of adopting Elizabeth along with Baby Gabriel.

On December 27, Elizabeth left Texas on a Florida-bound bus, without Baby Gabriel. On the 28th, she missed the scheduled child custody hearing in Arizona. Judge McVey awarded full custody to Logan and issued a warrant for 'Custodial Interference' on Elizabeth. Police later learned that Tammi Smith gave Elizabeth the phone numbers of persons who could possibly give legal advice regarding her missed court appearance.

Tammi stated that Logan had called and threatened her after the custody hearing. Logan had recorded the call. The police listened to the recording and found he had made no threat. Logan had simply told Tammi to stop calling him and then hung up. Soon after, Jack Smith also had called him. Again, Logan had hung up.

On December 29, a Tempe police officer interviewed Jack and Tammi Smith. He asked how they would handle Logan's refusal to sign over his custodial rights. Tammi stated she would use her attorney's assistance to pressure Logan into paying previous and current child support- and into being 'responsible for visitation'. She also stated her hope that this applied pressure would get Logan to let go of his custodial rights so the Smiths' adoption of Baby Gabriel could proceed.

According to Logan, the Smiths called him about three times in December and asked him to give up his custodial rights. He said he continued to refuse. Tammi admitted during her interview with police on December 29 that she had sent a text message to Logan on December 27. She had given him Elizabeth's ultimatum and had asked that he give up his custodial rights.

On December 30, Elizabeth was arrested at a hostel in Miami Beach. Later extradited to Arizona, she retracted her murder story and told police that she had given Gabriel away to a couple in a park. Elizabeth sits in a Maricopa County jail.

On January 4, 2010, Superior Court Judge McVey called a Tempe law enforcement officer who had interviewed Tammi Smith and asked him listen to a voice mail message. The officer recognized Tammi's voice. In the message, Tammi asked the judge to return her call. She stated she believed Elizabeth would return with Gabriel if she knew he'd be 'safe'. Tammi later claimed that a reporter had told her to call. Later still, she could not recall a reporter telling her to call.

On January 12, a media source notified police that the name Craig Cherry on the December paternity court document belonged to a first cousin of Tammi Smith's. According to Judge McVey, Elizabeth was not protesting Logan's paternity.

On January 14, during an interview, Tammi Smith gave the officer a sample of her handwriting. A criminalist inspected her handwriting and determined it was the same as on the December 14 paternity document. Tammi admitted that she, not Elizabeth, had written in Cherry's name.

As of February 11, Baby Gabriel is still missing.

Source: Court document by an arresting officer. Related recent articles:
Logan McQueary Cleared Out Trailer Owned by Baby Gabriel Mom, Elizabeth Johnson
;
Elizabeth Johnson Questioned Logan McQueary's Paternity as Document Shows;
Logan McQueary Wins Custody of Baby Gabriel: Elizabeth Johnson Cries Heartbreak Tears;
What's with Jack & Tammi Smith? All They Want to Do is Find Missing Baby Gabriel Johnson?
;
Missing Baby Gabriel Johnson: $Donations Go to Search Only, Not to Raise $Reward
;

7 Comments

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  • Kc2/13/2010

    This is the best article/timeline that I've seen to date. Much better than the new reports too. Lots of information regarding the days before Gabriel went missing that helped to tie this confusing story together.
    Thanks for the good work!

  • mimi2/12/2010

    great reporting, with detailed timeline and important findings. such a sad case... the answer to an innocent baby's life and safety is right there in these 2 women, yet neither can speak the truth. i pray for gabriel's safety everyday.

  • Kristie Leong M.D.2/11/2010

    This story is just unbelievable. The sad part is that it's true. Thanks for your well written update.

  • JerseyNana2/11/2010

    Unbelievable twists to this story!

  • Elizabeth Valentine2/11/2010

    I got a day behind, but I'm all caught up now. :) I can't believe all that's surfacing.

  • Karen2/11/2010

    This situation is so fluid with new info coming out every day. Thanks so much for all of the updates.

  • Victoria Dawson2/11/2010

    Another good update. Thank you.

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