Injustice in Delaware – Part II

In July 2010, Tiffany Smith was not allowing Gordon Smith to see his boys. She had cut him off after a period of attempted reconciliation failed and she began dating. She wasn’t letting him see his sons and he had filed in family court an emergency motion for visitation. The clerk told him it wasn’t an emergency. Having the existing, ongoing relationship with his little boys interrupted at their tender ages was not an emergency as far as family court was concerned. He would get a notice, from the clerk, to let him know when the hearing would be in a couple of months. Until then, unless Tiffany let him see his sons he wouldn’t be able to talk on the phone with or spend time with the boys. On July 15, he left for GA. The next day he was traveling through Virginia and called Tiffany. There was no protection order or any legal reason why he couldn’t call the custodial parent of his children. She hung up on him. Later that night he received a call from the Delaware State Police Troop 3. They told him that they had a warrant for his arrest for phone harassment. Other than that one call he had not called or sent her any emails or text messages in a couple of weeks. He told the Trooper that he was on his way to Georgia and would go to Troop 3 after he returned to Delaware. That warrant was put in the active file according to papers from Delaware State Police (DSP). DSP knew he was going to be away from Delaware for a few weeks.

Attempted Frame

On July 22  Gordon left Georgia and rode with two others to the Family Preservation Festival in Washington DC. He was dropped off late that night in Manassas, Virginia where he was staying at a friend’s house. FLAIR paid for his trip and he had picked up a moneygram in Georgia, prior to embarking on his journey, for which he had to produce photo identification. He also has witnesses. The man that drove, the other passenger, the woman whose house we stayed at that helped me arrange the ride north are all witnesses. On July 23 the party atmosphere back at the house was interrupted when Gordon read aloud an email from Tiffany telling him that someone threatened her and the boys. He was with Donald Tenn, President of Fathers 4 Justice USA, several members of the board of F4J and other members of FLAIR. The email did not mention a PFA or implicate him. He was upset to learn that allegedly someone had made threats.

On about July 27, Gordon was called by a Family Court administrator and told that there was an ex-parte Protection From Abuse (PFA) order against him, the first he knew of it. Apparently after getting the warrant for phone harassment on July 16 Tiffany had gone to Kent County Family Court to pick up a protection from abuse order. Ex-parte no less, claiming some imminent harm. “Ex-Parte” means only one party present–Gordon was not even informed let alone given a chance to appear and defend himself. Delaware has a ”preponderance of evidence” standard for a PFA irders. In reality all it takes is a woman claiming any mental or physical abuse with no evidence and PFAs are almost always granted against men. A few days later Gordon was served the PFA in Georgia. This is in court records.

A cute smile doesn’t mean you’re not a criminal.

August 10, 2010 at the PFA hearing Tiffany Smith testified under oath, before Commissioner Lester Blades that “on July 22 I called Trooper Mischa out to my house” to show him a letter that she found on her porch. Tiffany testified “And the letter said, “Bitch, you filed a PFA” “I will fucking kill you and my boys.” Didn’t her friends at DSP Troop 3 tell her that Gordon was in Georgia when the letter was received? When they didn’t immediately get a warrant for his arrest for the letter, as they usually do without delay, she must have known that something was amiss. When Gordon wasn’t arrested on the phone harassment charge, from the 16th, surely Tiffany would have wanted to know why. As an (alleged) victim in Delaware she has the right to be informed.

Gordon didn’t write the letter. Gordon was hundreds of miles away. Gordon didn’t know that a PFA existed on July 22.

The letter writer was purportedly upset over the PFA that Gordon didn’t know about and threatened his sons as well as Tiffany.

Certainly the Delaware State Police could deduce that the letter was intended to be evidence of a threat by Gordon against Tiffany and his children. Gordon has a letter from Delaware State Police that he was never a suspect, but did they consider it was a false report and an attempt to frame an innocent person? Apparently not. Had Gordon not been in Georgia the likely scenario would have been DSP getting a rubber stamp warrant from Justice of the Peace Court 7, the local obliging Magistrate Court, and they would have arrested Gordon for terroristic threatening, endangering the welfare of a child, harassment and violation (contempt) of a protection from abuse order. He would have appeared before a Magistrate who could have set bail anywhere from unsecured to several thousand dollars. If he couldn’t make bail he would have been sent to James T. Vaughn state prison and put into pre-trial detention until he made bail or faced the charges in court months later. If released he would be living with a no-contact order, further enabling her to make additional false reports and get him arrested again and pending charges waiting an average of five months to go to trial.

At any time Gordon is in Delaware, to be a part of his son’s lives, Tiffany Smith can make this terrifying scenario happen. All she has to do, as prior history has shown, is call police in a mandatory arrest jurisdiction and that starts the chain of events of the police and judicial system.

The fact that Tiffany moved past just claiming calls from blocked numbers were from Gordon to actually fabricating physical evidence, a letter, was a dangerous escalation.

This attempted frame occurred only weeks before she made the false report, August 9, of the violation of PFA, when he was at Taco Bell and she had her sister and boyfriend lie to police to get Gordon arrested.Thank God he had the receipts and was on video. This situation has gone past the typical “she said he said”. Tiffany is determined to have him incarcerated. She is determined to destroy him. He is financially crippled with the arrest record that she has already caused with false reports to where he can’t get employment in his fields of experience or expertise which are retail management, loss prevention and corporate undercover security.

It is a crime to fabricate evidence, it is a crime to file false reports to police, it is a crime to conspire to commit criminal acts such as fabricating evidence or filing false reports and it is a crime to swear falsely and when the false statement consists of testimony and is material to the action, proceeding or matter in which it is made it is a Class D Felony. A person is guilty of harassment when they engage in any course of alarming or distressing conduct which serves no legitimate purpose and is in a manner which the person knows is likely to cause a reasonable person to suffer fear, alarm or distress. This is harassment against Gordon Smith. Harassment is a class A misdemeanor. Gordon is the victim of a number of crimes and the Dover Police, the Delaware State Police and the Attorney General’s Office of the State of Delaware don’t care that Tiffany Smith committed these crimes. Had the police or the AG’s office prosecuted Tiffany, for any of the crimes that she committed against Gordon, she would have stopped.

Are the police unaware of the previous false reports? No. Is the Attorney General’s office in the dark about the perjury and false reports? No. Even before the incriminating website on Tiffany’s perjury and false reports was published Gordon had made them aware of it and presented evidence in person, on the phone and in emails. Back in the summer of 2009 Gordon and Gibson visited with DSP regarding the first, then only arrest. They met with Major Nathaniel McQueen and also with Lt. Wiley. Gordon and they met with Patricia Dailey-Lewis the Chief DAG of Family Court and Kimberly Chandler of Homeland Security the agency that is over the State Police. Gordon has sent dozens of emails to everyone from the Governor, the Col of the State Police, the Delaware Department of Homeland Security, numerous elected officials and media. Yet the false reports and false arrest continue unabated.

This horror story is not a work of fiction. Extensve documentation of the evidence of an ongoing criminal attack by Tiffany Marie Smith on Gordon Smith can be found on this regularly updated web site.

As you read in the opening article in this series Tiffany had Gordon arrested again, on July 28 on another false report to police. Trial is set for September 10, in the Kent County Court of Common Pleas. Gordon was arraigned by JP Tracy Warga and “sentenced” to pre-trial probation. He is being treated like a criminal although he is supposed to be presumed innocent until proven guilty beyond a reasonable doubt.  Gordon Smith has never been convicted of any crime and never accused of any crime prior to the false accusations of Tiffany Smith. Judge Warga ordered Probation to be determined by the Department of Corrections. Probation Officer Theresa Block ordered Level III probation which is more restricting that that given to many who plead or are found guilty. Level III is weekly reporting. Gordon is not supposed to leave Delaware and the three surrounding states. This is a violation of his constitutional rights that Block said is because Governor Markell issued some kind of directive. When did Gov. Jack Markell become a judicial officer?  Isn’t the Executive branch separate? Regardless of the unfairness and unconstitutionality of that he is not the criminal, Tiffany is the criminal. When is the criminal going to be arrested for the crimes that are documented right here on the Yolasite page.

Following the July 28 arrest, Gordon made a motion to modify the standard no-contact order to be allowed to have third party contact with Tiffany to arrange to see his boys. That was granted and he had three people call to attempt to arrange parenting time. Each was unsuccessful. The next day, August 18, Tiffany filed a tenth false police report alleging that he left threatening letters at her residence. Sound familiar? The Dover Delaware Police who took that report did not call him to investigate prior to obtaining a warrant they did not ask for a handwriting sample. On Monday Gordon was arrested for the eighth time? Gordon was released on bond but it depleted his limited resources for an attorney to represent him in the trial on September 10th for the charge of July 28. Please donate to his legal defense fund by clicking right here.

On August 21 (yesterday), Gordon was served with an Protection From Abuse order where Tiffany Smith not only claims the false accusations that are part of her two most recent false reports but alleges he was responsible for an assault for which he was never charged and threatening with a weapon in 2008, something that she never alleged in any of the numerous protection petitions that she filed since 2009. Prior to this she never alleged violence in any of the petitions for protection. Tiffany is attempting to get a Permanent order of protection for her AND Gordon’s beloved little boys to keep Gordon from his sons permanently. Which is what she apparently really wanted all along.

To repeat, for extensive documentation of all that has transpired, including documents that have been obtained and confirmed confidentially from third-party sources, review the documets on this regularly updated web site.

A note to MRAs. Gordon Smith is not just another blue pill man in trouble. He is one of us. He is also one of the founders of FLAIR and has worked diligently to reform family law as well as being an activist supporting reform to VAWA. He has a legal defense fund to acquire counsel for his upcoming trial, since at this point all the police action against him has destroyed his professional life and drained him financially. If you can, please drop something into his fund so that he has a chance at qualified representation for his trial. Give here.  Thanks.