ORLANDO, Florida (Isabelle Zehnder reporting) – On Tuesday the Florida Department of Children and Families removed missing Florida mom Michelle Parker’s 3-year-old twins from the custody of their father, and her ex-fiancé.
This comes just one day after Dale Wayne Smith II, 40, was named the primary suspect in Michelle’s disappearance, and days following reports of his abusive and criminal past.
Following an investigation into the safety of the twins, DCF obtained a custody order for them on Tuesday. An emergency shelter hearing will take place at 10:30 a.m. Wednesday, cfnews.com reports.
"I know that's pretty much going to be most of the focus of everyone tomorrow, when I still have a missing sister. It doesn't make anything easier because now I have to deal with this on top of finding her," said Dustin Erickson, Parker's brother, about the hearing.
Smith has a history of drugs, alcohol, cheating on his wife, and violence, including domestic violence. He joined the US Marines in 1996 and was dishonorably discharged in 2003. He was court-martialed in 2001 and found guilty of drug and domestic abuse charges.
He is known to become angry and aggressive when he’s been drinking. Michelle’s good friend, Angela Launer, told ABC News that Smith was known to abandon Michelle in out-of-the-way places, leaving her alone without her shoes. Michelle tried, and failed to obtain a restraining order against Smith in 2009 for breaking a window in her SUV, throwing her children’s car seats on the ground, cursing at her while she was holding her then-15-month-old daughter, and telling her, “Your day is coming.”
Michelle, 33, told the court that Smith had threatened to kidnap their children. He was arrested on multiple misdemeanor and felony charges in the 90s, including trespassing, attempted aggravated battery, and marijuana charges. He pleaded guilty in 1997 to battery. In 1992 he was involved in a gang-related murder and spent six months in jail. Though he was not found guilty in the murder, the murdered man’s brother to this day believes Smith was the leader of the gang. Click here for the story.
News 13’s cameras captured Smith leaving his Rose Boulevard home just after 1 p.m. Tuesday as he headed to his attorney's office, Mark NeJame. They said he ran from their camera and would not answer any of their questions.
In a press conference, NeJame was asked about the custody issue before DCF stepped in.
“If everyone who was under suspicion would lose their children, I think we’d go ahead and have a bonfire with the constitution. Where is the presumption of innocence?” asked NeJame.
The Morgan and Morgan law firm has been retained by Michelle’s family. They will help navigate them through the legal process. The law firm has agreed to take their case pro-bono.
Orlando Police Chief Paul Rooney said Smith would not take a lie detector test when asked.
NeJame said not agreeing to take a polygraph test does not determine guilt.
“When the facts are looked at and you look at the time charts of how this could’ve happened in a narrow window of time that we know existed, you’ll find he could not have done it. That will be for another day and another time. All of his actions speak for somebody who is not simply not guilty, but who is actually innocent,” said NeJame.
Michelle’s family pleaded for Smith to come forward with answers about Michelle’s disappearance during Monday’s press conference.
"If you made a mistake and it was just a second of 'Oh, I lost my head,' or whatever, and you didn't know what to do, our family needs to have Michelle home. We need to heal," said Michelle Stewart, Parker's mother.
"We want to ask him, if he's out there watching, and I want to say to him directly: Help us," said Lauren Erickson, Parker's sister. "If you know something, let her be a mother to her children. Work with us. That's all we're asking -- for you to work with us and come forward, and if there's anything that you know, that you're holding back, please just work, just help us."
For more details read: Michelle Parker Missing: Where are her 3-year-old twins?
Michelle's disappearance:
Michelle Parker, 33, went missing Thur., Nov. 17. She was last seen on surveillance video at 3:15 p.m. in an east Orange County neighborhood. She was seen driving to her ex-fiancé, Dale Smith’s home dropping off their 3-year-old twins.
Moments before she arrived, Michelle and Dale appeared in a previously taped episode of The People’s Court. The show centered on who would be responsible to pay for a $5,000 engagement ring that Michelle admittedly threw at Dale at a hotel, and that went over a balcony.
Michelle is described as a white female with short brown hair. She is 5’6” tall and was last seen wearing a silver-cross necklace, jeans, and a Florida Gator’s zip-up hoodie.
At 4:26 p.m. her brother, Dustin Erickson, received a text message from Michelle’s iPhone suggesting she was in the Waterford Lakes area, also on the county’s east side.
By 8 p.m. Michelle’s iPhone pinged in the area of Oakridge Road near Belle Isle, more than seven miles from where she was last seen. Her phone was powered down in that area and has not been recovered.
The next day police found her black H3 Hummer license plate AWG-M26 in the parking lot of Walden Palms Apartments, 4700 Walden Circle. Decals for her Glow mobile-tanning business had been removed from the windows. From there the trail has grown cold.
A $5,000 reward is being offered in the case.
Police are urging anyone with information about the case to call Crimeline at 1-800-423-8477.
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