Tammi Smith released from jail

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By Mike Gertzman By Mike Gertzman

PHOENIX -- The would-be adoptive mother of missing Baby Gabriel is no longer behind bars.

Tammi Smith, 40, was released from the Maricopa County Jail early Saturday morning after serving a 30-day jail sentence.

Smith was found guilty back in May of forgery and conspiracy to commit custodial interference. In July, she was sentenced to 30 days behind bars and three years of supervised probation.

Baby Gabriel was last seen in December 2009 in San Antonio.

Elizabeth Johnson, the child’s mother, told Gabriel’s father that she had killed the child and dumped him in a trash container. She later changed her story and claimed that she had given the boy to a couple in San Antonio.

Baby Gabriel has never been found.

Smith was attempting to adopt Gabriel before Johnson left Arizona for San Antonio. Johnson had signed over temporary guardianship of Gabriel to Smith and her husband for about ten days before she took the child to Texas.

Prosecutors had accused Smith of lying on a court document about the paternity of Baby Gabriel to keep the child away from his father, Logan McQueary, who had testified against Smith.

Johnson has pleaded not guilty to charges of child abuse, kidnapping, and custodial interference. Her trial is scheduled to begin in September.