Gordon Smith had filed for a PFA on January 12 and had been denied an ex-parte petition and it was set for hearing. An unknown employee at Family Court told Tiffany Smith that Gordon had filed a petition and advised her to cross file. Tiffany then filed a petition in which she made outrageous and untrue claims and hers was granted ex-parte and set for hearing at the same time and date as Gordon's.  

Gordon Smith entered the Family Court building at approximately 9 AM on January 26, 2010. He left his cell phone in the car because cell phones, in fact all electronic devices, are prohibited in the courthouse. Mr. Smith had witnesses that had been subpoenaed and he wanted to talk to them before the hearing. One of his witnesses, a man that had demonstrated with him on Jan 12, at the courthouse, was there when Smith and Gibson arrived and he walked into the courthouse with Smith. 

Tiffany Smith arrived ten or fifteen minutes before 10 AM.  

Tiffany had the free services of a Community Legal Aid attorney as an alleged victim of domestic abuse. Gordon had been denied the services of Community Legal Aid when he filed as a alleged victim. Tiffany's attorney and Gordon, pro se, had agreed to drop the cross-filed protection from abuse petitions. She had to go back to her office and write up the agreement and they agreed to extend Tiffany's ex-parte PFA until the following Tuesday when the agreement to drop both petitions could be signed and ordered by a Commissioner. 

As Gordon was leaving the second floor he was approached by Cpl. Ricardo Lucas, Capitol Police. Lucas asked Mr. Smith if he called Tiffany at 9:21AM and Mr. Smith, who was with a witness, said "no" "you saw me here" Lucas replied that he had seen Smith come in. He then placed Mr. Smith under arrest for violation of the ex-parte PFA. Tiffany Smith had alleged that a phone call received that morning, from a blocked number, was from Gordon. 

Gordon had not left the building and was on video surveillance and visual observation of Bailiff's, court employees and Capitol Police that morning from about 9 AM on. 

Gordon asked Lucas to look at the video that was on the desk there at the court and Lucas refused. He placed Mr. Smith, in handcuffs, in the lobby of family court while he went to make a warrant application and get it rubber stamped by a Commissioner. Smith's companion went to the bank to get money in case he needed bail. 

The warrant listed a time of 9:40AM. Regardless 9:21/9:40 Smith was in the court, did not have his cell phone, was not on the courtesy phone and was under surveillance and observation (not to mention all the other victims there for hearings and his witnesses). The Chief Court Administrator viewed the digital surveillance (according to an email from him) and along with the video had the phone records dumped from the courtesy phone, just in case. 

This was a proven false report. Call from an unknown number?????  When he was on video NOT making a call. She could have called herself and blocked the number. Weeks before (Jan 13) Tiffany alleged he called at 10:50 AM and left a voice mail. He didn't make that call either and we never found out who did. If the voice mail was a recording or just a man's voice or what the situation was. Doesn't take much to get someone arrested in Delaware when you make it "domestic". Thank God for video. Here again if not for being able to prove he did not make a call he could have been convicted for a crime that he did not commit. 

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