Tammi Smith, 37, who with her husband had temporary custody of the child while the couple was debating an adoption (and perhaps being pressured) was charged with conspiracy to commit custodial interference, custodial interference and forgery and is considered a "person of interest" regarding the missing eight-month old.
Smith told police that she and her husband planned to adopt Gabriel from his mother, Elizabeth Johnson, but that the boy's biological father, Logan McQueary, would not go along with it. Police say Smith provided wrong information on custody paperwork, falsely identifying Gabriel's father.
Gabriel's mother, remains in jail. She has pleaded not guilty to charges of kidnapping and custodial interference. Police say she told them she gave the boy to a couple she met at a park in Texas.
Logan may not have been the only father whose rights Tammi Smith and her husband Jack Smith stomped on.
The Smiths adopted a girl named Hannah Grace, who is four-and-a-half years old. Hannah is Jack's daughter Nicki's child. Her father may be Travis Warford but his paternity is in question. He says that he is Jack's son-in-law having been estranged from his wife, Nicki for years. Allegedly, Tammi put Nicki up to getting pregant and not naming the father.
Travis comments on the blog Framed Fathers:
"I've found out the Smiths adopted Hannah in Tn, not Az. It was my assumption after I found they moved. This is a copy of the email I sent to Tammi's biological daughter, who contacted me fuming over what they've done.For another story about Travis Warford, click here.
"I'm raising Hannah's 2yr sister, Abby Jo, in Dallas. I'm a good daddy. Jack Smith scares me, has threatened me and I'm not sure he didn't put the person up to frame me in Nashville so he could get Hannah. Nicki was in rehab, where we put her, I was in jail, and he got what he wanted. It's a documented fact that the state dropped three unbelievably serious charges against me when they had no witness. That is, the person who fabricated the charges disappeared.. a distrought woman living in her brother's apt with 7 other people. Jack met her, they lived across from Nicki and I. He offered me 5 grand and to pay for my divorce if I'd leave town, which I refused. Afew months later I was jailed on boguss charges with with a pitifully low bond and Jack wouldn't bail me out, it was convenient. Nicki fell off the wagon when she got out and signed custody to Jack when put back into rehab. Noone contacted my family, though they knew how to. I went by their house and he let me see her for afew minutes, but not hold her. Told me to leave and not come back. He's a mean, calculative human being. I met him in court several months later. I filed a petition for custody and for visitation in the meantime. He claimed he spoke with my family in Texas and they "didn't give a damn", so I tried to put him on the phone with my mother to explain that to her. We had afew hearings and a mediation, then work moved me out of state. The lady from the state blew me off when I called and couldn't make the next date. I finally get back to Nashville and knock on his door.. some guy says he's bought the house and the Smiths moved to Az. I then get online and find adoption photos on Tammi's Myspace. That's how I found out. I've had it out with Nicki two dozen times about me never going away like they want me to. She's as evil as he is and it worries me to no end that he'll mangle my little girl's reality as he has Nicki's. They're hateful to me and deny my existence. They have to deal with me now. I'm not out to destroy anyone. I only want to help restore two families and see justice served with Jack, Tammi and Nicki."
Warford claims that Smith offered him money to sign over his custodial rights. He says of Jack and Tammi Smith re Gabriel, "I think what they've done is wrong. They've manipulated the system and lied and I wouldn't mind seeing them face charges." However, Warford's credibility is hindered by his criminal history of kidnapping and aggravated assault. Warford also said, "I'm angry. And the first chance that I have any opportunity, I will do as much as I can to gain not only visitation, but ultimately custody of my daughter." His public statements re Hannah are a from of custodial interference since her adoption was a closed one with sealed documents.
Tammi Smith is friends with Janet Morris of The Adoption Place located in Mount Juliet, Tennessee. While Elizabeth was on the run, Smith asked advice from her attorney Ken Schutt. When he was unavailable at one point, Smith called Morris who advised that Johnson return immediately to Arizona with Gabriel.
At the time that Johnson offered Gabriel up for adoption to the Smiths, the Smiths were about to adopt a newborn boy but the adoption fell through. They and their daughter had been bonding with the baby in its mother's womb. The year before, Tammi was was searching for surrogate moms on Surrogate Mother dotcom.
MEANWHILE...Elizabeth Johnson, who has been in jail on a $1.1 million cash bond on charges of kidnapping, child abuse, custodial interference and conspiracy to commit custodial interference - bevause the father, Logan was granted custody - has been decalred competent to stand trial.