NO Justice in Delaware

reprinted with permission from Fathers for Justice at F4J.com January 11, 2012

Tiffany Marie Smith the obviously mentally unstable woman who cut herself with a knife in an attempt to implicate her ex-husband, Gordon Smith, for that fabricated attack; the same woman who made 14 false police reports against Gordon Smith, nine of which resulted in his wrongful arrest cut a deal January 8, 2013 with prosecutor Greg Babowal, Delaware Deputy Attorney General in Kent County. 

Tiffany Marie Smith plead guilty to one misdemeanor charge and the others were dropped, and she was sentenced to one year in prison suspended for one year probation and given a small fine with no restitution to the state for costs. Nine false arrests, that could have resulted in false imprisonment of an innocent man with sentences ranging from one year, in some false reports, to fifteen years or more had the woman been successful in framing him for attempted murder and ancillary charges in her last false report, where she cut herself. Not a day in jail for the woman who tried so hard to destroy an innocent man, using police agencies, prosecutors and the courts as her personal tools of vengeance. Tens of thousands of Delaware taxpayer dollars spent for investigations, arrests and prosecutions and not a dime of restitution. 

This happened as the culmination of a number of factors that are present to lesser degree throughout the United States. 

In this situation there was a primary police agency that is not very competent in that particular barracks of that particular department; Troop 3 of the Delaware State Police (DSP). Additionally the police benefit from hefty federal grants that train and motivate them to disregard normal standards of probable cause and disregard the fact that the alleged victim might be motivated by gain or revenge and to believe women who are claiming to be victims of alleged crimes perpetrated by former or current intimate partners/spouses, when absent the "domestic" factor the outcome would differ. The police then submit warrant applications, often merely a transcription of a woman's false accusation, to a Justice of the Peace, a politically appointed magistrate who doesn't have to even be a lawyer, where the application is almost always rubber-stamped without question. Then an arrest is made. The ease of getting someone falsely arrested in this manner happens in too many places in the US. It is frightening how easy it is with the Troop 3/Justice of the Peace Court combination in Delaware. 

This is compounded in Delaware by the fact that the state is considered a model of domestic violence advocacy. It is the state where then Senator Joseph Biden II "wrote" the Violence Against Women Act, also known as VAWA. Delaware domestic violence advocacy goes to such an extent to protect women that it becomes easy for the laws and  programs to be abused by people who are not actually victims of domestic violence at the expense of others who are innocent of wrongdoing. 

VAWA has spawned many effects two of which are civil protection orders for spouses and former intimate partners as well as family members. These civil protection orders in Delaware are called Protection from Abuse orders and can include relief such as exclusive possession of the marital home, vehicles, bank accounts and the children. Fit and loving parents can be denied access to their children on an accusation of abuse against the other parent. No need to pay an attorney for a motion for exclusive possession of the home or custody of the children. In fact, making a petition for a protection order in Delaware you are provided a free attorney from Community Legal Aid. The standard of evidence is "preponderance of evidence" which is supposed to mean that it's more likely than not that the accusations are true. This standard of evidence is common in civil courts. The difference being in civil courts a defendant can have the case heard by a jury and a judge. In family courts there is no jury and the judge is usually a magistrate. In many cases these magistrates, Commissioner in Delaware, chose to err on the side of caution disregarding any lack of physical evidence. In Delaware, in approximately 90% of protection hearings protection orders are granted. Protection orders are civil but appear on background checks. The individuals with a protection order against them are not allowed to possess firearms even if firearms are required in their employment. However well-intentioned VAWA and it's offshoots were intended, the pendulum has swung to the degree that there is a new class of victims; victims of false allegations of abuse. The civil order if violated can result in civil contempt but violation of a protection from abuse order is also a crime and will result in arrest.

Armed with a civil protection order/PFA an unscrupulous woman, like a Tiffany Smith, can now turn this into a weapon by making a false accusation that the subject of the order (respondent) was closer than the allowed number of feet, placed a phone call, was in the same store, etc which takes us back to the first paragraph where some police, like Troop 3 of the DSP, consider writing the statement of an accuser in a report, to be the extent of an investigation and go to step two, the rubber-stamp warrant from the willing and compliant Justice of the Peace Court.    

This was the backdrop that contributed to Ms. Smith being able to make so many false reports that resulted in nine false arrests of one person. After his arrest Mr. Smith was able to prove in two cases, with video surveillance, physical evidence that Ms. Smith had lied to police making false reports. Despite the fact that it was irrefutable that he was innocent and she was guilty of those false reports the police that arrested him did not drop the charges against him and did not arrest Ms. Smith for false reporting to police which is also a crime. 

Ms. Smith, having suffered no adverse consequences for filing false reports, that she knew had been proven to be false, went on a rampage and in the month between July 28, 2012 and August 28, 2012 made five more false reports that resulted in three more false arrests of her ex-husband. The Dover Delaware Police, lead by Chief James Hosfelt, a seasoned officer and a man of integrity, did not want to play her games and arrested Tiffany Marie Smith on August 31, 2012 and had the current pending charges against Gordon Smith dropped. That was as close as this story got to a happy ending. 

The Delaware Department of Justice is run by Attorney General Joseph Biden III, the son of the Senator, now Vice President of the United States, who wrote VAWA. Mr. Biden's Department of Justice disregarded the number and severity of Ms. Smith's crimes and gave her the lenient plea agreement victimizing Mr. Smith again as well as other victims of false reports and making a mockery of justice. It you are charged with three false reports of auto theft in Delaware I can just about guarantee that you will serve time in prison. DSP Troop 3/Justice of the Peace Courts/Delaware Department of Justice is the perfect combination to facilitate false reporting domestic violence. With that combination Ms. Smith was almost always successful getting her ex-husband wrongfully arrested, harassing and terrorizing him for over three years. DSP Troop 3 was her accomplice police agency of choice.   

In New Hampshire, several years ago, Kristen Ruggerio made a single false report using twelve fabricated text messages. (Ms. Smith used fabricated letters and phone calls when she even bothered to produce fabricated evidence. In a number of her false reports it was her word alone with no physical evidence needed to get rubber-stamp warrants) In Ruggerio's case in New Hampshire, the prosecutor, Jerome Blanchard, said "unfortunately for her we're not in family court anymore", and said that in criminal court accusations have to be backed up (by evidence). The Judge, Kenneth McHugh, called her a pathological liar and said that it was unlikely that she could be rehabilitated. Kristen Ruggerio was sentenced to 7 to 14 years in prison for the one false report against her ex-husband and the 12 text messages she falsified. That is a stark contrast to what happened to Tiffany Marie Smith in Delaware or rather what didn't happen to Ms. Smith. Ms. Smith was a far worse offender. She committed many more false reports, many more instances of fabricated evidence and caused many more false arrests of an innocent person. 

In the end the big difference is the state where the crimes occurred. It is tragically easy to get a man arrested for domestic violence in Delaware and in many other states. In far fewer states would a police department ignore a proven false report of any crime as Troop 3 did. I don't know of any other state where a state's attorney would set such a bad example and let a woman who made at least five proven false reports, charged with three false reports and felony misstatement to police in the incident where she cut herself to frame someone, a well publicized case, reported in news papers and on radio and many websites, off with a slap on the wrist. 

The lesson learned: if you want to make false reports of crimes of domestic violence Delaware is the best place to do it. In Delaware the optimum jurisdiction is Troop 3 of the DSP. 

Incidentally, the protection order that Ms. Smith got against her ex-husband that was based on the lies and false arrests that she was charged with and charges against him dismissed; is still in effect. The motion to dismiss the PFA based on the bogus arrests was denied by Commissioner Louann Vari, a former states attorney, who contrary to any evidence sees every accused male as guilty. She made adverse rulings against Mr. Smith in almost every hearing before her. He filed a complaint. Vari still refuses to recuse herself and continues to hear his cases. The children of Mr. and Ms. Smith remain in the custody of Ms. Smith despite the fact that she injured herself and attempted to wrongfully frame their father, over and over again, for numerous crimes. Family Court in Kent County, Delaware isn't very good either.      

In Delaware if not for the Dover Police Department Tiffany Smith would not even have been arrested. Dover PD did their jobs and are to be commended.  The Delaware State Police Troop 3 failed to arrest Tiffany Marie Smith for the proven false reports in 2010 and had Dover PD not stopped her, this past August, she would still be filing false reports today and there is no reason to believe that she wouldn't continue committing false reporting until she was successful getting her ex-husband falsely imprisoned. As Judge McHugh of New Hampshire said about Ms. Ruggerio it's likely that Ms. Smith "cannot be rehabilitated".

Delawareans should hold the police and the prosecutors accountable for failing to protect Mr. Smith for over three years, for failing to punish the perpetrator who committed numerous crimes against him when she was finally arrested, for failing to recoup wasted taxpayer dollars and for failing to make an example of Ms. Smith to prevent others from replicating her crimes and causing the arrest and prosecution of other innocent citizens.

Kent County Family Court soooo bad it's mind-boggling

For the fifth time in four weeks, the Commissioners of the State of Delaware Family Court in and for Kent County have failed to remove the children of Tiffany Marie Smith from her custody. This is the woman who was arrested for filing three false police reports to falsely implicate the father of her children for crimes and making a felony misstatement to police after she cut herself and lay in a ditch to frame him for assault and attempted murder.
This woman is so mentally disturbed that she suffered pain and disfigurement attempting to have the father of her children falsely arrested for the ninth time. Res ipsa loquitur, the thing speaks for itself, is a Latin phrase from the common law of torts but it can be used here because the fact that Tiffany Marie Smith mutilated herself, causing harm to herself, certainly shows that she is a danger to herself. When someone is a danger to themselves or others they should be committed for inpatient mental health evaluation. They certainly should not be entrusted with the care of little children.
Yet, again Commissioners of Kent County failed to remove the children from her custody. Should you or I leave children in the care, even for a short time, of someone who exhibited such dangerous and bizarre behavior, you or I could be charged with child endangerment. In fact the children are in danger and not even professionals can predict with any certainty when Ms. Smith might hurt herself again or her children. Professionals in the mental health field feel that the children are in imminent danger.
Ms. Smith had committed felony perjury, the day of the feigned attack by using her false police reports as evidence to get a restraining order against the father of her children. All charges against the father were dropped after Ms. Smith was arrested for the false reports. Ms. Smith has not been arrested for the felony perjury, nor was she arrested for prior felony perjury,  ( Tiffany Marie Smith perjury and false police reports )   nor is she likely to be in a state that rewards false allegations of domestic violence with the desired results and refuses to hold women who are proven to commit felony perjury accountable. God help the Smith children and protect them. Family Court Commissioners in Kent county haven't and probably won't.   

Open letter to Delaware State Police

Why is the Delaware State Police still ignoring an obvious false report? When someone is on video surveillance, someplace other than where they were accused of being, why wouldn't the person who told police a lie in an obviously false report be immediately arrested? Those were the circumstances August 9, 2010 when Tiffany Marie Smith called the state police at 1:02 PM and reported that Mr. Smith and a I had just been at her house and that he was in violation of a protection order. 

False reports to police are not victim-less crimes. Any person who is falsely accused, in a report to police, is in jeopardy of false arrest and false imprisonment. At a minimum the falsely accused suffers damaged reputation and the report is in police files. This wastes police time and wastes taxpayer resources. Police are devoting their time and resources to the false report when other citizens could be in real need of police assistance. There is a cost to society to allow people to make false police reports. Unpunished, the criminal false reporter is likely to repeat the crime in the future, which we know is exactly what Tiffany Marie Smith continued to do to.

This continued with Tiffany Marie Smith filing another false report, to another police agency, 3 days later and another to a third police agency, a month later. It wasn’t until she went on a rampage and filed 5 more in a month, between July and August this year, that Dover city police put a stop to it. Caught before and never punished for it, the criminal Tiffany Marie Smith continued to use police as a tool of criminal harassment endangering Gordon Smith’s liberty and safety. The false arrest of Gordon Smith at gunpoint could have ended fatally for a man who was never guilty of any crime. 

When the receipt was produced, on August 9, 2010, showing that I, Catherine Gibson, reported to be with Gordon at Tiffany Smith’s house, could not have been there that was probable cause to arrest Tiffany Smith for a false report. DSP should have dropped the charge on Gordon Smith completely, rather than reduce the charge, and they should have immediately arrested Tiffany Marie Smith. When the receipt was confirmed by the video Tiffany, her sister and boyfriend should all have faced multiple charges. That would have brought an end to Tiffany Smith’s career as a criminal serial false accuser.  

That was not the first obviously false report to police. The first proven false report was January 26, 2010. It was Capitol Police that dropped the ball on that one. Gordon Smith was on video surveillance in the family court building when Tiffany falsely reported that he called her from a blocked number. Had he not been on video, not making any call, at the time she alleged it would have been her word against his. But he was in court. On camera. At the exact time when he was accused of making a phone call he could not possibly have made.

The false report, to the Delaware State Police on August 9, 2010, was a more serious false report because it involved two others, who also lied to DSP, saying that Mr. Smith committed a crime. It was crucial that he had the physical evidence to show that he was innocent or he likely would have gone to prison for a crime that was a complete fabrication, by his ex-wife, her sister and then boyfriend.  Click here for proof of that false report.  These documents are from state police files. Are the Delaware State Police so stupid that they can’t find “probable cause” to make arrests? Not likely, so explain why you haven’t made arrests for these crimes?

Delaware State Police are within the statute of limitations for these crimes that have gone unresolved. When the false report was investigated, Tiffany Marie Smith, along with her sister Morgan Evans and boyfriend Bill Merson, stuck to a story that the physical evidence of the receipt and video police obtained themselves clearly contradicts. The three of them conspired to have Gordon falsely arrested. Morgan Evans and Bill Merson are accessories to the crime of the false report to police. Then they committed felony perjury, testifying, in family court, to the same disproved false report. The Delaware State Police were negligent in their duty and obligation to the public, in particular Mr. Smith. Tiffany engaged in criminal harassment, falsely reporting an incident to police, criminal solicitation, conspiracy and felony perjury under the Delaware Code.They need to address that situation and arrest Tiffany and her co-conspirators now.

According to the Delaware State Police website:

“The citizens we serve have an expectation that those who are vested with the responsibility of enforcing the laws of this state, as well as civilian employees, will hold fast to the standards of professional and individual conduct to preserve the respect, confidence and cooperation of society. With this in mind, we encourage you to contact us with any compliments or complaints you may have about the Delaware State Police.”

The head of the Delaware State Police is Colonel Robert M. Coupe (robert.coupe@state.de.us). I would like him to explain to us and the citizens of Delaware why his department has not made arrests for this incident. Tiffany Smith is a pathological liar. 14 false reports six of which were to Delaware State Police and she was only charged with three that she made to Dover City Police. I want to know why the Delaware State Police have given a pass to the serial false accuser, poster girl of false allegations and perpetrator of multiple crimes for this incident.

The Dover Police lived up to the expectation of citizens that laws be enforced. On September 1st they had determined probable cause and obtained and executed an arrest warrant for Tiffany Smith. How many more false reports would Ms. Smith have made to Delaware State Police if Dover police hadn’t  done their job? It is past time for the Delaware State Police to step up and do what they should have done months ago and make arrests for the August 9, 2010 false report.

Delaware State Police can be contacted at (302) 739-5901. The Delaware State Police Office of Professional Responsibility can be reached at 302-739-5990. Delaware State Police is led by Colonel Robert Coupe, who can be emailed at robert.coupe@de.state.us. In any contact you make, I recommend referring to Delaware State Police Report 03-10-025226 and ask why Tiffany Marie Smith and her accomplices have not been arrested and charged yet, and why there is not a warrant out for these people’s arrest.  
Catherine Gibson guest contributor 

Justice remains elusive in Delaware

Update September 18, 2012
After the decisive action of the Dover Police, arresting Tiffany Marie Smith for her recent spree of false reports to police, the Delaware State Police have still not arrested her and her two co-conspirators who  perpetrated a false report to police, harassment, criminal conspiracy, accessory before the fact, felony perjury,  ( Physical evidence contradicts false report ) on August 9, 2010 and in the investigation and court hearings where they three liars swore to their false statements to police. As you see, on that link, the physical evidence contradicts the lies.
The Kent County Family Court has not dismissed the PFA on the non-custodial parent who was the victim of the false reports to police, that were the basis of Commissioner Lou Ann Vari granting a protection order against him. Kent County Family Court Commissioners apparently do not think that the custodial parent who filed numerous false police reports and injured herself to frame the non-custodial parent is a danger to herself or her children. Ex-parte petitions have been denied to allow the non-custodial parent to even see his children. The custodial mother/serial false accuser, now charged with 3 separate false reports and felony misstatement to police, is in contempt of court under the recently granted misguided protection order which allows visitation arranged through third parties. Ms. Smith has failed to respond to any third party contacts. The children remain in the custody of Tiffany Smith, a dangerously disturbed woman. Hearings were set but postponed because she can't be found to serve legal notice of the hearings. Maybe the Commissioners should read this: Restraining order helps mom murder children Kent County Commissioners must think that they can hide behind judicial immunity should anything happen to those little children. They are wrong and I hope that the occasion to prove this to them never arises. Lip service aside, actions speak louder than words. They are not interested in the welfare and safety of the children. They are not interested in the fact that they have been played for fools by a pathological liar for the past 4 years. They are not interested in the children's right to have a relationship with their father and the fact that the mother is a parental alienator who has used the courts to facilitate the alienation. They are not interested in justice. Delaware Family Court remains the Worst in the First and I think Kent County Family Court is vying for the top spot out of the three counties.

Tiffany Marie Smith arrested in Delaware for false reports of domestic violence. Justice is coming......maybe

False allegations are commonly used tactics in court to get protection orders and used in criminal complaints to get the ultimate advantage with false arrests and the potential for false imprisonment. Morrison and Ruggeiro, two women, in New Hampshire, made the news when they were caught and punished for false reports and fabricating evidence. Would it ever happen in Delaware, the state where Commissioners, Judges, the Attorney General's office all turn their back on false allegations?
On August 3, 2012 Milford DE police arrested a woman for falsely reporting a sexual assault in a domestic situation. Woman arrested for falsely reporting assault in domestic dispute This was encouraging. At least there was an arrest. The Milford Police did their job. It remains to be seen if the AG's office will do theirs.

Finally, on September 1, 2012 Tiffany Marie Smith, the worst serial false accuser, that I personally know of, was finally arrested. Two proven false reports in 2010 that the Delaware Department of Justice were aware of and ignored but finally the Dover, DE PD did the right thing and took police action on her most recent spate of false reports.

Woman arrested for Falsely Reporting Several Domestic Incidents to Police Complaint Number: 50-12-22517 Date of Incident: 08/31/12 This News Release was entered 09/01/12 by Lieutenant, Alan Rachko and last updated on 09/01/12 Location of Incident: Liberty Court Apts. 1289 Walker Road Dover, DE. Narrative Tiffany Smith 29 reported several domestic related crimes to the Dover Police and Delaware State Police over a period of time in August in which she stated she was victimized by her ex-husband Gordon Smith 47. On August 18 the Dover Police arrested Mr. Smith on several charges relating to a domestic incident. After the arrest Tiffany Smith continued reporting that Mr. Smith was stalking her and on one occasion had physically attacked her. A joint investigation by Dover Police and the Delaware State Police found that Tiffany Smith falsified all the complaints she made against Mr. Smith. Tiffany Smith was arrested on three counts of falsely reporting an Incident and one count of providing a false statement. All charges against Gordon Smith have been dismissed at the request of the Dover Police Department. Crime/Nature Providing a false statement to police Falsely reporting an incident to police (three counts) Defendants Tiffany Smith Gender:F, Age:29 Liberty Court Apts. 1289 Walker road Dover,DE. , Charges: -Providing a false statement to police -Falsely reporting an incident to police (three counts) Bond: $Released $5,000.00 unsecured


Thank you to Dover Police Chief James Hosfelt, Lt. Alan Rachko, Officers Mast and Rich and DSP Sgt. David Weaver.

Tiffany Marie Smith began her criminal false reports with simple lies. Her lies were not investigated by Delaware State Police (DSP) Troop 3 before they ran to the obliging Magistrates at Justice of the Peace Court (JP) and got rubber stamp warrants. Tiffany was thus encouraged by how easy it was to use the police as a tool to harass and cause fear and alarm and financial and emotional damage to Gordon Smith.

It began when she made her first false report and got her second or third protection from abuse order based on lies.
On January 26, 2009 Tiffany reported to DSP that she told Gordon, her estranged husband, not to call "weeks ago". That could have been disproved had DSP lookined at her phone records or Gordon's which showed they were in constant frequent and mutual communication up until the day before she made the false report to police and that he made 12 calls to her in the period she claimed as harassment not twenty something. He had no intent to annoy but was merely trying to reach her when he couldn't get her to see if she and his babies were alright. She stopped answering the phone and reported harassment. He went to family court for the criminal charge expecting his Public Pretender to resolve it in his favor because he was innocent and she had told him when they conferred at her office that they had a good case. Oh, what a babe in the woods he was then. The truly lousy Public Pretender, who had told him they had a good case had not obtained Tiffany's phone records in discovery. That is a screw up of epic proportions that Gordon didn't become aware of until the summer of 2010 when he obtained his case file from the PD's office. Public Pretender Vickie Schreiber told Gordon at the last moment that Commissioner Lou Ann Vari, a Commissioner who had already ruled against him in a previous protection order on allegations that he was innocent of, was going to "slam him" and he should take a pre-adjudication. He said no and left the room. Then went back and made what he called "one of the biggest mistakes of his life" and took the probation before judgment. That decision he regretted as soon as he did it and he made a motion to withdraw it. The motion to withdraw the pre-adjudication was heard by Commissioner Vari who denied him the right to legal counsel. He appealed for Judicial Review and Judge Mardi Pyott, reviewing the questions of law that  pro se, inexperienced, naive Gordon used as grounds for his appeal denied it on those grounds. Had he the assistance of legal counsel, he likely would have won the right to trial. Gordon appealed to the Delaware Supreme Court to be able to take this first false report to trial and they sent it back to Superior Court. When heard by Judge Robert Young, DAG Chris Parker (the same Deputy AG that ignored the proven false report of Jan 26 that year) claimed that it was moot and Gordon's record was clear. Since that time Tiffany wrote in a witnessed statement that Gordon didn't commit the crime and she tried to drop the charge. He also has phone records. Gordon filed a complaint against Commissioner Vari for denying him the right to counsel in a criminal case and the Chief Judge responded that the matter is one for appeal not Judicial complaint.
It was a travesty of justice not just that he was denied counsel but he was not told that he could take the case to Superior Court and get a Judge and jury. It was a travesty of justice because PD Schreiber had not obtained a copy of Tiffany's phone records which did not, could not, have had the number of calls that she alleged came from Gordon's phone number. Gordon was afraid that Commissioner Vari, biased against him, and  would in fact "slam him" though he was innocent. He was afraid that he would leave the courtroom, that day, in handcuffs and go directly to jail. He has a number of solid grounds for appeal and no way would he have been found guilty by a jury of his peers. He has no conviction but had to suffer the degradation of dealing with the Delaware probation department which cost him two good paying jobs and that's another story for another day.

During the summer of 2009, Gordon became an activist. He was shocked at the ease with which justice could be perverted in family court. Welcome to the real world Mr. Smith. To be fair only personal experience or that of someone you know introduces most people to the reality that family court is broken.

It was almost a year later, on January 11, 2010, that Tiffany called 911 and made her second false report. She reported that Gordon crouched by her car in the parking lot and that he she was frightened. The reality was that she had come in a friend's car and arrived before Gordon. He didn't know what car was hers and had gone outside, after meeting her at a fast food restaurant to play with his son. He went to the parking lot to wait for his ride and when he went back in she told him she had called the police. 911 on speed dial

January 13, 2010 Tiffany made her third false report when she called Delaware State Police Troop 3 and reported that a call had been placed by Gordon that he did not place. She showed Delaware State Police, Corporal Adrian Owens, an incoming call in her call log from a blocked number and played a voice mail allegedly from Gordon. He never found out if it was someone else's voice or if Tiffany fabricated evidence by recording a prior message and playing it back into a new message to frame him. He had witnesses that he was ill that morning and absolutely did not take any incoming calls or make any outgoing calls and wasn't in possession of his phone. That case never went anywhere because he was arrested for violating the ex-parte protection order (PFA) when he had not been served the order and didn't know it existed. It was supposedly a "clerical error" that he was entered into the criminal information system as having been served. Gordon was arrested and taken to Vaughn state prison for twenty hours despite being bailed out within about an hour of his incarceration in prison and despite family court employees realizing the error and trying to get him released. The record was expunged but the nightmarish experience can not be expunged from his mind and the experience left him scarred for life.

January, 26, 2010 Tiffany made her fourth false police report with another false allegation based on a call from a blocked number. This time Capitol Police didn't hear the voice mail allegedly left by Gordon but based the charge on the phone log of when the call was received. This was the first proven false report because at the time Tiffany called herself or had someone call from a blocked number, Gordon was in the courthouse, the Kent Family Court, on video surveillance,  in a room full of other Respondents, under the watchful eyes of court employees, Bailiffs and Capitol Police. He was not on a phone at the time Tiffany Smith received a call from a blocked number. That is a dead bang a false report to police. DAG Christopher Parker did not drop the charge until the day of trail. It's amazing that the fact that video proved Gordon was innocent didn't deter Parker's prosecution of the case. However; Tiffany had moved to GA and didn't come back to testify to her false report, although she is no stranger to perjury (Felony perjury, more felony perjury , even more felony perjury, there is further perjury in the transcripts but it would take too much space to include it all here)  Tiffany knew by then that Gordon had been at the courthouse and could prove he didn't call anyone at the time she had a call from a unknown (blocked) number that she said was from him. Parker did not have Tiffany charged with a false report. How could he have been oblivious to the obvious? That makes him less smart than Tiffany. Parker fined Tiffany $50 for failing to show up for court to testify.

False police report number five was July 16, 2010. Tiffany called Delaware State Police (DSP) Troop 3 and reported Gordon had called her and she had told him not to call but he had been making numerous calls and sending text messages. They got a warrant for phone harassment without even doing anything that remotely resembled an investigation. Obviously they did not check her phone log because he hadn't called or sent her text messages in weeks. Maybe they did check her phone logs and she had done "a Morrison"., but she's not that smart to do a Morrison and why bother when it's so easy to ring up good old Troop 3 and have them whip out a warrant for her. Gordon had not talked to her since June 28, when she had him come over to babysit the boys, for her to have the opportunity to tell him not to call. DSP called him after getting the warrant to tell him he was wanted for arrest. Gordon told them he made one phone call and there was no PFA prohibiting him from calling the custodial parent of his little boys. He told DSP that he was on his way to GA and would come in to be arrested on the warrant after he got back to Delaware.

July 22, 2010, Tiffany had gotten an ex-parte PFA after  the July 16 phone call and warrant. Gordon was in GA and didn't know about a PFA. He had not been served yet. That day he went to Wal-Mart and picked up money sent by moneygram from FLAIR: Family Law Advocates Initiating Reform to cover expenses and got a ride with two other guys going to Washington, DC to attend the annual Family Preservation Festival.
Tiffany calls her buddies at DSP Troop 3 and shows them a letter that she said she found on her porch. She didn't know, what DSP T3 knew, that Gordon was in GA. The letter said "Bitch you filed a PFA, I'm going to f**king kill you and the boys" (In court she testified it said "my boys", further attempting to frame Gordon). The DSP knew Gordon didn't write the letter and did not apply for a warrant for Gordon's arrest. They also didn't investigate it as a false report. Only a few people in the Kent family court and whoever Tiffany told knew that there was any ex-parte PFA and who would go to Tiffany's residence, up the long driveway where Tiffany's parents, two sisters, four grandparents, an Aunt and a cousin live and place such a note on her porch?
Attempt to frame w fabricated physical evidence That was false report number six.

August 9, 2010 Tiffany calls DSP Troop 3 at 1:02PM an reports that she just saw Gordon and his friend Catherine Gibson at her home in Hartly, DE at 1 o'clock. DSP get a warrant for violation of a protection order. Gordon arrested at which time his friend produced a receipt signed by her and time stamped 12:41 that shows they were in Camden, DE. The fast food restaurant they ate at is 28 minutes from Tiffany's house per Google maps. second proven false report Taco Bell False report number seven and it's a proven false report because the physical evidence of the receipt with the corroborating surveillance video contradict the report. Tiffany was not arrested for this well documented false report. It would have been a slam dunk conviction. She and her sister Morgan Evans and then boyfriend Bill Merson proven to have lied to DSP and in court testimony. That is a false report, criminal solicitation and conspiracy for Tiffany. Conspiracy None of the perpetrators were arrested for conspiracy, false report, accessory to a crime or felony perjury.

August 12, 2010 Tiffany sees Gordon and Catherine at Walgreen's. She and her then boyfriend, Bill who lied about the August 9 incident, go to Dover PD and report that Gordon saw them driving by and followed them on foot to Walgreen's and then he and Catherine followed them in a car when they left the store. DPD gets a warrant for felony stalking and violation of a PFA. Gordon is arrested. In reality Gordon was meeting Catherine at Walgreen's, where she wanted to stop to make a purchase. He was surprised to see Tiffany come up the aisle. Gordon and Catherine went directly to the Dover campus of Wilmington University where Catherine had to submit a form before 5 PM. They were there at 4:45 and transmitted a fax at 4:50. Gordon didn't see Tiffany's car in the parking lot when he got there and in fact she. apparently, was in her boyfriend's truck which he had never seen up to that day. That was false report number eight.

False report number nine was about a month later in September, 2010. Tiffany reported to police that on June 25 Gordon sexually assaulted her. The officer investigates and calls Gordon. He determines that there is no probable cause. He does not arrest Tiffany for filing a false report.

(Note: Tiffany alleged that she was assaulted on June 30 and reported that to DSP but did not allege to them that Gordon committed the crime. She said her assailant was unknown to her and wearing black sneakers. That was reported June 30 as having occurred at about 9-9:30 PM. DSP questioned Gordon as part of the investigation on July 2 at about 11/11:30 AM and Gordon had a solid alibi. DSP never asked Gordon for DNA. During family court proceedings Tiffany inferred that Gordon was a suspect and by September, 2010 in a PFA hearing was directly alleging that Gordon was a suspect and by August 2012 was alleging, in family court, that Gordon was the attacker. It remains to be seen if there ever was an attacker or an attack. Was that a failed attempt to frame Gordon Smith? Was that a completely false report? We might never know the truth.)

July 28, 2012 Tiffany files false police report number ten to Dover PD that she called Gordon and he said that he would f**king kill her. Based solely on her statement the Dover PD gets a warrant and Gordon is arrested for terroristic threatening.

August 13, 2012 Tiffany files a false police report number eleven to Dover PD that Gordon left a threatening note at her residence. (Sound familiar?) The officer finds her statement inconsistent and not credible. Gordon is not arrested. The officer goes to the DAG and tells him that he suspects this is a false report. The DAG tells him to wait until evidence is returned from the State Bureau of Investigation before getting a warrant for Tiffany's arrest.

August 18, 2012 Tiffany files a false police report number twelve to Dover PD that Gordon left more threatening notes. Gordon is arrested. Conferring with the officer that took the report on  Aug 13 an investigation begins and this is one of the crimes for which Tiffany is charged. Tiffany is charged with that false report on September 1 and the charges against Gordon are dropped.

August 24, 2012 Tiffany files a false report number thirteen to DSP Troop 3 that she was at an eating establishment and Gordon left another threatening note. Gordon has a solid alibi and DSP begins investigation of a false report.

August 28, 2012 Tiffany files a false report number fourteen to DSP Troop 3 that Gordon physically assaulted her. She suffered some injury and went to the emergency room at the local hospital. Gordon is arrested at gunpoint but not charged when DSP discovers Gordon has an alibi. This is investigated as a false report. Tiffany is charged with making a false statement to police in an investigation.

January 2009 1 false report
January 2010 3 false reports
July 16, 2010-September 2010 5 false reports
July 28, 2012-August 28, 2010 5 false reports


Now that Tiffany has been arrested and charged with three counts of filing false reports and a false statement to police, will she stop?

Will the Delaware Department of Justice do the right thing as the New Hampshire prosecutors did in Ruggeiro and Morrison and throw the book at her and send her to jail? Will she finally be arrested for the false reports of January 26 and August 9 of 2010 which are proven by the physical evidence of family court video and the receipts and video (immortalized in the DSP investigation documents) false reports?

This is not just a woman who lies about incidents which never happened. This is a woman who fabricates evidence that on the surface, barring contradictory physical evidence, establishes probable cause for arrest and could cause a false conviction. This is a woman who has been proven to conspire with others to lie to police and testify falsely to frame an innocent person for crimes he did not commit. This is a woman who will sustain the pain and disfigurement of physical injury to falsify evidence in conjunction with a false report.
This is a very dangerous woman.

Maybe justice is coming. We will see.

Update September 18, 2012
Justice remains elusive in Delaware.
After the decisive action of the Dover Police, the Delaware State Police have still not arrested the perpetrators of the false report to police, harassment, criminal conspiracy, accessory before the fact, felony perjury,  ( Physical evidence contradicts false report ) from August 9, 2010. The Kent County Family Court has not dismissed the PFA on the non-custodial parent who was the victim of the false reports to police, that were the basis of Commissioner Lou Ann Vari granting a protection order against him. Kent County Family Court Commissioners apparently do not think that the custodial parent who filed numerous false police reports and injured herself to frame the custodial parent is a danger to herself or her children. Ex-parte petitions have been denied to allow the non-custodial parent to even see his children, which is contempt of court under the recently misguided protection order. The children remain in the custody of a dangerously disturbed woman. Hearings were set but postponed because the woman can't be found to serve notice of the hearings. Maybe the Commissioners should read this: Restraining order helps mom murder children They think that they can hide behind judicial immunity should anything happen to those little children. They are wrong and I hope that the occasion to prove this to them never arises. Lip service aside, actions speak louder than words. They are not interested in the welfare and safety of the children. They are not interested in the fact that they have been played for fools by a pathological liar for the past 4 years. They are not interested in the children's right to have a relationship with their father and the fact that the mother is a parental alienator who has used the courts to facilitate the alienation. They are not interested in justice. Delaware Family Court remains the Worst in the First and I think Kent County Family Court is vying for the top spot out of the three counties.  

Why Attorney General Biden refuses to address false allegations and false police reports.

This is an excerpt from a communication to Governor Markell and various other state officials in DE, from Gordon Smith of FLAIR: Family Law Advocates Initiating Reform:
____________
What is that great sucking sound? That would be the sound of the dozen or so state and private agencies within the state of Delaware that have their lips firmly attached to the teats of the Great Cash Cow: VAWA.

The total amount allocated statewide for fiscal year 2009 was just under $1,000,000.00
at $903,933.00. I'm sure this past fiscal year of 2010 came even closer to the 1,000,000.00 mark for the first state.
As I looked over the report, it became even more obvious as to why their was such state level resistance to simply acknowledging that there are systemic problems that exist regarding certain domestic violence/Family Law policies.

I quote former Family Law Commission Chairperson - Senator Liane Sorenson -
Senator Sorenson said that what had been requested of Attorney General Biden was for him to share with us what your office is doing and what your new Family Division is doing, and the issue that keeps coming up at our Public Hearings once a year and also by members of the public is the issue of False Allegations. She said the public has asked why people get away with lying -
Family Law Commission meeting April 17, 2008

I quote Child Psychologist and Family Law Commission member - Harriet Ainbinder said she wanted to remind everyone that previously we had the Attorney General here to talk about false allegations, and he told us that essentially he (Attorney General Biden) would not pursue that because of various legal issues.
Family Law Commission meeting May 14, 2009

As you will see in the above sentence, one might could substitute "various economic issues" for "various legal issues

1)Department of Justice Amount Allocated: $214,685.00
Concept Title: VAWA Prosecution
This hefty amount - according to the CJC Form is designated for one DAG to strengthen the response and prosecution of those accused of domestic violence.

2)Child Inc. Amount Allocated: $118,698.00 - Eileen Williams sitting member of Family Law Commission and employee of Child Inc.
Concept Title: State wide DVAC in Family Court

3)Capitol Police Amount Allocated: $45,000 - Detective Lawrence Davis is a sitting member of the Family Law Commission and an employee of the Capitol Police Department.
Concept Title: PFA Hearings Duty

4)Family Court Amount Allocated: $40,683.00 - Judge William Walls is a sitting Family Law Commission member and a Family Court Judge.
Concept Title: DV Coordinator


5)Criminal Justice Council Amount Allocated: $45,196.00 - Bridget Poulle is a member of the CJC and the Executive Director of the Delaware Coordinating Council on Domestic Violence.
Concept Title: Administration

Unobligated Balance: Amount Allocated: $52,991.00
This unknown allocation is determined by the VAWA Implementation Committee........(?)

Yes, when I researched the Grant Program Report, I understood where that great sucking sound was coming from and why these fine upstanding individuals do so militantly fight to maintain status quo for their programs.
Yes, maintaining a system that prosecutes the innocent is just a method of cash flow for the status quo.

__________
So if you were wondering why Attorney General Biden refuses to address false allegations and false police reports: FOLLOW THE MONEY

Utah woman arrested, for filing the false statements and for abusing child to fabricate evidence

Police in Provo Utah arrested a woman for sexually abusing child and falsely accusing child's father. Read the story from Deseretnews.com, published April 10, 2011. http://bit.ly/hCRY5O Shocking? Not to me. I know of dozens of men (occasionally women) falsely accused of abuse, including child abuse. Frequently, the accusers have made false allegations in family court and when they are rewarded with protection orders, based on lies, they progress to false criminal complaints. 
In most cases, unlike this one where there was actual child abuse but by the accusing party, the accusers are NOT prosecuted for filing false police reports. The accusing party is more often than not rewarded for false accusations by gaining custody and at least restricting visitation, of the innocent parent, with their children. In a similar case in NH, Miller v. Todd the Supreme Court ruled women should not be so rewarded. 
The solution to the widespread problem of false police reports of domestic violence and the growing problem of false reports of child abuse is to arrest and prosecute every time that anyone makes a false police report of domestic violence or child abuse. It is a crime in every state. We must demand that those laws be enforced.
Why are false allegations in family court so common? The rewards are great, in Delaware, you get free legal representation from Community Legal Services and if you file for divorce you don't have to pay the filing fee that everyone else pays. AG Biden, Patricia Blevins and Mike Barbieri want to throw in free PO Boxes at taxpayer expense, in a law proposed in March. Family Courts reward false allegations with the desired results. You can hurt the other party using the courts and the police with far reaching consequences of false allegations such as causing the other party to loose their job, become unemployable in many career fields, have a permanent blemish on their background check (protection orders are civil and in DE can not be expunged even when expired or vacated), cost them time and money to defend themselves, deprive them of custody and at a minimum restrict access to children that are their children too. There are endless benefits to false allegations to obtain protection orders and the list of benefits is growing. In some states you can't be evicted if you are a "victim" of domestic violence, in some states you qualify for perks such as having your electric bills paid or getting free housing.
There are incentives to the civil filing false allegations of abuse and an individual can multiple the damage to the other party and benefits to themselves, by filing false police reports against them.
My question, though, is why do more and more individuals lie under oath in court documents and lie to the police in criminal complaints? When did the "ends justify the means" become socially acceptable? In many cases, such as Ruggiero (see March post)there are other family members and friends who are involved. They conspire to commit and participate in false police reports and give false testimony in court, under oath. When you see an instance where a parent goes along with false police reports and lies under oath does anyone wonder how the children that they raised feel no remorse initiating false reports? What would discourage them from continuing to commit perjury, file false police reports and progress to other forms of fraud that extend beyond domestic violence and family court? What is the cost to society to let false allegations in family court and false reports to the police go unpunished? What is the cost to taxpayers for the misuse of court and police resources? What is the cost to society when this behavior results in more children being deprived of full and meaningful relationships with both biological parents while also growing up with habitual liars and seeing them rewarded for what is criminal behavior?
What we must do is to arrest and prosecute every single person who files a false police report of any domestic violence related crime.
Current Delaware law, 11DE1245, provides for restitution to the state for costs incurred and fines up to $2,500 for a first offense. Delawareans should demand that law be enforced. False allegations in family court should not be rewarded and false police reports must be punished. Not just for the sake of the innocent individuals accused, not just for the sake of their children, who suffer direct and indirect adverse consequences but this is something we need to do for the benefit of all of us as a society.