False Allegations Led to Amber Alert

Jessica Smith, the 11-year-old Fort Worth girl who was the focus of an Amber Alert, admitted that her mother concocted a story about her father molesting her, which enraged her mother and led to the nationwide search, the father’s attorney said Monday.

The Smiths are in the middle of a nasty divorce and child custody fight.

NBC 5 has learned the girl made the admission to a school counselor on the same day police said her mother, Kimberly Smith, assaulted her and then disappeared with her that night.

Arrest warrants and affidavits claim Smith attempted to smother her daughter and threatened to kill Jessica and herself the day before Jessica was abducted. Read the full documents here.

The two were found Sunday, hungry and exhausted, in a remote area of northern New Mexico, police said.

Jessica’s father, Phillip Smith, was charged with assault after the girl made the graphic allegations that he had assaulted her.

Phillip Smith’s attorney, Tom Pappas, of Dallas, said he expected prosecutors to drop the case as early as Tuesday.

"Clearly, the mom ran because she forced Jessica to fabricate these allegations and was about to be uncovered -- or had been uncovered,” Pappas said.

Melody McDonald, a spokeswoman for the Tarrant County district attorney’s office, said the charges still stand but the new information is being reviewed.

NBC 5 doesn't usually name alleged victims of sexual assault. But in this case, Jessica Smith recanted the allegations, and the revelation sheds new light on what led to the Amber Alert.

"It's unfortunate her mom put her through this and put her center in all this stuff and then did the crazy stuff she did,” Pappas said. “We're glad she's all right."

Jessica Smith will stay with grandparents for now, but her father hopes to regain custody within days, the attorney said.  Jessica was released to the custody of family members late Monday night.

"He loves his daughter,” Pappas said. “The only thing he wanted is she's safe. As long as she's safe, everything else can be resolved."

Fort Worth police are awaiting the extradition of Kimberly Smith, who is being held in New Mexico.

Link: http://www.nbcdfw.com/news/local/Attorney-Says-False-Allegations-Led-to-Amber-Alert-139264183.html

False Allegations Led to Amber Alert

Jessica Smith, the 11-year-old Fort Worth girl who was the focus of an Amber Alert, admitted that her mother concocted a story about her father molesting her, which enraged her mother and led to the nationwide search, the father’s attorney said Monday.

Falsely accused man awarded $852K

Not only was Mr. Ginyard awarded a judgement of over $850K, he was also awarded custody of his children. With the knowledge of just how egregious an act is needed for custody to be taken from a custodial mother, this is a rather interesting turn.

A jury found that the attention put on Mr. Ginyard after his ex-wife falsely accused him of sexually abusing their children was worth $850K. This decision came more than a year after he was awarded custody of his two girls.

In 2005, Darryl and  Amani Ginyard divorced, and entered into an agreement on custody where both parents would have equal time with the kids. Just two months into the arrangement, he was to be with the kids during Christmas, but the ex wanted the children with her. The next thing he knows, the police show up at his home, because the ex said that the children were in trouble and he was trying to take them out of town.

On Valentines day of the following year, Darryl had his oldest daughter while the ex had the youngest. It was after that visit that it was alleged that he had sexually abused his eldest daughter. Those charges were investigated and ruled unfounded. And knowing the "err on the side of caution" attitude, and what an allegation of sexual abuse of a child carries, this says something. Mr. Ginyard was accused seven more times over the next two years, with each accusation being ruled unfounded. Each time the questioning by police grew longer, and went from simple talks, to interrogations.

Custody was taken from him during these investigations, and after and allegation in 2006, he wasn't allowed to see his children for nine months. He missed another month and a half after an allegation in 2007.

To add insult to injury, in 2006, after the HR department at the bank he worked at was notified of a subpoena for  child sexual assault, Ginyard was fired.

In all, there were eight allegations made between 2006 and 2008. The first made to a therapist that Amani took the girls to see. And it is mandatory to report sexual abuse of minors that therapists are told about. The kicker? It wasn't the girls who made the claim, it was the mother. The girls however, denied that any sexual abuse ever took place.

After a two day trial in 2010, Circuit Court Judge Paul F. Harris Jr. ruled the allegations false, and that the earlier custody agreement was to be reversed, and that Darryl would have primary custody. Amani was granted visitiation. The decision was upheld by the Court of Special Appeals.

Sadly, the damage that this has done to Mr. Ginyard, it telling. He has testified that the years of false allegations has damaged the relationship with  he and his children, and that he is afraid to do simple things like hug or sit and snuggle with his girls while watching a movie. He doesn't let them spend much time in his room, and because of the way things have happened, he finds himself distancing himself from them, to try to keep himself from being in a situation that could cause another accusation.

Her attorney, Michael G. Morin, says Mr. Ginyard didn't suffer enough to get the money he was demanding, since his client didn't publicly accuse him, and makes the claim that there have been zero damage to Mr. Ginyard, except to his ego. According to Mr. Morin, being scared to hug your children is not considered damage.

The jury however, didn't agree. They awarded $2K in attorney's fees for malicious prosecution, $800K for the false accusations and attorney's fees, and $50K for punitive damages.

The hearing, according to his attorney, was his "one chance to come before a jury and tell his story and tell what the allegations of sexually abusing your two young daughters do to you," Lorraine Lawrence-Whittaker said. "She dragged him through the mud."

The wife maintains that she was simply stating her worries about sexual abuse, saying that it was based on what her daughters were telling her and their emotional behavior was during those times.

Link: http://www.hometownannapolis.com/news/top/2011/07/14-50/Falsely-accused-man-awarded-852K.html?ne=1

Falsely accused man awarded $852K

Not only was Mr. Ginyard awarded a judgement of over $850K, he was also awarded custody of his children. With the knowledge of just how egregious an act is needed for custody to be taken from a custodial mother, this is a rather interesting turn.