Susan Murphy-Milano outraged at judge’s decision to return twins to ex-fiancé

Michelle Parker, 33, missing from Orlando, FL with her two young children

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Bay News 9

ORLANDO, Florida (Isabelle Zehnder reporting) -- Intimate Partner Violence Specialist Susan Murphy-Milano was outraged when she learned a judge ruled Wednesday that missing Florida mom Michelle Parker's 3-year-old twins would be returned to her ex-fiancé who is the primary suspect in Michelle's disappearance, and who has a long criminal history including domestic violence.

The situation with the children appeared to be moving in the right direction when the Florida Department of Children and Families took temporary custody of the twins away from their father, Dale Wayne Smith II Tuesday night.

But in a shocking twist the judge, who heard the case Wednesday morning, denied the State’s request to place the children into the custody of Michelle’s family.

Michelle and her three children had been living with Michelle’s family for the past three years – this is home for these children. HLN’s Nancy Grace shared Murphy-Milano's outrage Thursday evening saying, “Michelle’s 11-year-old son [from a previous relationship] said Smith hit mommy in front of all three kids. Why would a judge hand the kids back to the bio dad knowing this?” she asked.

“I don’t see the imminent risk,” Judge Thomas W. Turner said Wednesday. “I don’t think incidents that happened years ago constitute a pattern.”

“Dale Smith’s the primary suspect in Michelle’s case, for God’s sake,” Murphy-Milano said. “A 12-member SWAT team swarmed his house on Saturday.”

"Why isn't Smith's health and mental fitness being evaluated to determine if he's stable enough to be in charge of these kids? When issues come up in divorce or other child custody matters, a guardian ad litem is appointed to the children and the parents are mandated to go through mediation and a court-appointed mental health evaluator," Murphy-Milano said.

"In Wednesday's court hearing the judge, at the minimum, should have had the head of the SWAT team unit that entered the premises of Dale Smith, Sr., testify as to why the situation warranted such extreme measures while serving a search warrant," she added.

Twelve SWAT team officers in two armored trucks who were fully armed and loaded using their trained, skilled, tactical maneuvers in high-risk and life-threatening situations, descended on Smith's parents' residence on Rose Boulevard Saturday evening. It has been reported that Smith and the 3-year-old twins have been living in the Rose Blvd. home since Michelle went missing.

"How healthy is that for the kids?" Murphy-Milano asked. "Were the children in the home at the time? The officers knocked on the door and when no one answered they broke down the door, stormed into the home, and initiated the use of pepper spray. That tells me they had good reason to serve and execute the search warrant," she said.

"There's also the issue of his then-wife, Shannon Collins-Smith, who, according to an Orlando Sentinel obituary, died in April 2001 at the age of 26 from a brain injury. There were recent reports that she overdosed and hit her head. It's interesting that in 2001 Smith was court martialed on charges of drug possession and domestic battery," Murphy Milano said.

Shannon, who was listed as living at the Rose Boulevard home in Orlando, worked as a personal trainer at the Orlando Regional Wellness Center. Born in Springfield, Mass., she moved to Central Florida in 2000. Her body was given to science and later cremated.

Unfortunately Smith has a hidden criminal history during the years he was in the military, which is also during the time when Shannon died.

Under normal circumstances a person's criminal history is public record. One exception is a person who commits crimes while he or she was in the military because the public does not have access to those records. In this case, a media source secured the information that Smith had been court martialed and provided at least some of his charges.

During a People’s Court episode that was filmed last summer, and aired the morning Michelle went missing, Michelle called her relationship with Smith “poison” and said she was done.

Two years before the show aired, Michelle sought but was not granted a restraining order against Smith citing he’d thrown their children’s car seats on the ground, smashed out her passenger –side window, cussed at her while she was holding her then 15-month-old daughter, and yelled, “Your day is coming.”

It is unknown why a judge would not grant a restraining order under such conditions when others are granted on lesser claims.

Orlando Police say Smith is the prime suspect in Michelle’s disappearance. “Police hardly ever name someone a suspect in a missing persons’ case which speaks volumes,” Murphy-Milano said, “meaning they know a lot more than they’re saying.

”In addition Smith, 40, has a long history of felony and misdemeanor charges of criminal burglary, trespassing school grounds and refusing to leave, drugs, aggravated battery, and his involvement in a murder case in 1992.

Smith was arrested after he and six others attacked two young men, killing one. Smith spent six months in jail for kicking the victim, a 22-year-old lifeguard, in an attack that news reports show was unprovoked by the victims.

Smith may be facing additional criminal charges following another unprovoked attack Thursday, this time a news cameraman. As Smith approached the courthouse steps he shoved the reporter who was standing on the sidewalk doing his job. The cameraman said he suffered cuts, scrapes, and bruises from the attack and may file charges against Smith.

Smith joined the US Marines in 1996 and was dishonorably discharged in 2003. As noted above, one of his wives, 26-year-old fitness instructor Shannon Collins-Smith, died of a brain injury the same year Smith was court martialed in the service on charges of drug possession and domestic battery.

"Where is the guardian ad litem for these children? The judge is negligent in his duties in not appointing one as it relates to the well-being of these two young children," Murphy-Milano said.

Michelle's disappearance

Michelle Parker, 33, went missing Thur., Nov. 17, 2011. Her Hummer was seen on surveillance video at 3:18 p.m. in an east Orange County neighborhood, driving to her ex-fiancé, Dale Wayne Smith II’s home to drop off their 3-year-old twins. He is the last know person to have seen her.

Michelle is described as a white female with short brown hair. She is 5’6” tall and was last seen wearing blue jeans, a Florida Gator’s zip-up hoodie, and a silver cross necklace.

Several hours before Michelle arrived at Dale’s house, the two had 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.

According to a Facebook page created to provide updates and support in Michelle’s case, she was officially last seen around 4 p.m. at the intersection of Goldenrod and Leevista in the Carter Glen Townhomes near Orlando Florida. Her last text was at 4:26 p.m. on Nov. 17, and said “Waterford.” The text was in response to her brother asking what she was up to.

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, The Orlando Sentinel reports. Decals for her Glow mobile-tanning business had been removed from the windows. From there the trail went 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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Michelle Parker's Case: Journalist Continues Coverage

ORLANDO, Florida ( – On Monday, Orlando Police Chief Paul Rooney was asked if the 3-year-old twins of missing Florida mom, Michelle Parker, are still in the custody of their father who is the primary suspect in her missing person's case.

Chief Rooney said, “That I don’t know.”

He also said that the children's father, Dale Wayne Smith II, was offered a polygraph test. Rooney said, "He simply refused the polygraph."

Michelle's sister Lauren Ericksen said she wants Michelle's twins "in my life, for the rest of my life." How can she ensure they are safe when the chief of police says he doesn't know if they're still with their father who Lauren has described as abusive?

“The children must be a priority,” said Intimate Partner Violence Specialist and author Susan Murphy-Milano. “Especially when their 33-year-old mother suddenly vanishes like a bad magic act, and when the last person reported to have seen her alive is the father of her children now presumably under his care.”

Smith is the last known person to have seen Michelle. She was last seen on Nov. 17 dropping the twins off at his home.Murphy-Milano said, “Michelle Parker is the primary caretaker of the children. Residential placement belongs to her. What court decided to authorize the care of these children?”

Children's Services visited Smith last week. It is concerning that the chief of police doesn't know if they're still with their father. There was no report that the children were removed from Smith's care last week, and there has been no indication that they've been with Michelle's family.

Over the weekend about a dozen members of the Orlando SWAT team descended upon and executed a search warrant on the home belonging to Smith's father, Dale Smith Sr., the same home where Smith reportedly lives. Officers forced their way into the home with the use of pepper spray.

“How often do we see a dozen SWAT team members descend upon the home of a missing person’s partner or ex-partner?” Murphy-Milano asked. “Not often, if ever,” she said.

“How often do we even hear that someone is named a suspect in a missing person’s case?” she asked. “Rarely,” she said. Police may name someone a person of interest in a missing person’s case, but it’s not often that they’ll name someone a suspect.

Murphy-Milano said, “This goes beyond law enforcement entering the premises with a search warrant. It sends a message to the community of real danger, that this particular suspect must be met with caution, and that the children are likely at risk while under his care.”

What is Smith capable of?

Dale Smith’s violent past

Smith's past is troubling.

Dale Smith reportedly has a history of drugs, alcohol, cheating on his wife, and violence, including domestic violence. He is reportedly known to become angry and aggressive when drinking, so what's to say that anger won't be unleashed on his children?

In his current situation, including the SWAT team swarming down on his parents' home last weekend where he's been staying, is he the best person to care for the children? Is it in their best interest to remain with their father, if they are still with him?

Michelle’s friend, Angela Launer, told ABC News that Smith was known to abandon Michelle in out-of-the-way places. She said, “I know he hurt her many times – dropped her off in areas with no shoes. Took off and left her in Georgia by herself.”

ABC’s Good Morning America reports that in 2009 Michelle filed for a restraining order against her ex-fiancé for breaking a window in her SUV, throwing their children’s car seats on the ground, cursing at her, and saying, “Your day is coming.”

Those are harsh words – words not to be taken lightly.

The Boston Herald reports the incident occurred when their twins were 15 months old, and that Smith was holding their daughter when he cursed at Michelle. They were reportedly arguing over custody of the children.

Michelle told the court that Smith had previously been violent with her and had threatened to kidnap their children, the article states. She also said Smith had problems with drugs and alcohol. The injunction was dismissed Sept. 1, 2009. It’s not clear why.

Smith reportedly joined the US Marines in 1996 and was dishonorably discharged as a private in 2003. He was court-martialed in 2001 and found guilty of drug and domestic-abuse charges, the military agency said.

According to The Boston Herald, Smith pleaded no contest in 1990 to trespassing on school grounds and in 1992 to attempted aggravated battery. He entered a pretrial diversion in 1992 after being arrested on a charge of marijuana possession. He pleaded guilty in 1997 to battery.

Murphy-Milano said, “The courts mandate mental health evaluations during some divorce and child custody cases, yet no one of authority at the State level takes action when a child's mother is reported missing? Has Dale Smith been evaluated to determine his fitness as a caretaker?” she asked.

On Tuesday, ClickOrlando.com reports that Smith was among a gang of seven people, mostly teens, who were looking for a fight over Memorial Day weekend 1992. One man ended up dead and the man's brother to this day believes Smith was the leader of the gang. Click here for the story.

The fact that Smith's family has not offered to help search for Michelle speaks volumes. Could it be that his father is aware of what happened to Michelle, or where she is?

People’s Court episode

During a People’s Court episode that was filmed last July and aired the morning Michelle went missing, Michelle told the judge, and the world, that her ex was “abusive” and that their relationship was “poison.”

The show was based on Smith's accusation that Michelle threw away an expensive $5,000 engagement ring, and who should be responsible to pay for it. The judge ruled Smith and Michelle should split the cost.

During the show, Michelle accused Smith of being violent. She told the judge, “He gets pretty malicious and vindictive. He’s a mean person especially when he’s drinking.”

“He shouldn’t have put his hands on me,” she said. “He shouldn’t have left me three or four times over the past year-and-a-half that we’ve been together.”

During the show, Michelle accused Smith of cheating on her with at least seven different women and they argued about visitation rights regarding their twins.

The judge strongly, and perhaps wrongly, chastised Michelle during the show, raising the question: Could the show have in some way validated this [reportedly] abusive man into a feeling of some sort of power over Michelle after seeing her torn apart by the judge?

The court reporter referred to Michelle and Smith’s relationship as a ‘fatal attraction.’ The show aired just hours before Michelle arrived at Smith’s home. Could these statements have put ideas into his head? Could it have spurred an angry outburst? It was clear during his after-show interview that Smith was not pleased with the judge’s ruling.

Visit from child services

GMA learned Wednesday that Smith had received a visit from child services. The fact the police chief says he doesn’t know if the children are with their father at this time, especially after he was just named their primary suspect, is concerning.

A visit from child services doesn’t automatically mean they took the children from their father. In fact, more often than not it is seen where children are not removed from a home soon enough. Or returned to their parents too soon when it was not in their best interest. Read about the case of Jhessey Shockley, as an example.

Murphy-Milano stressed that if Michelle had known about and done the EAA Link, “Dale Smith would be in custody.”

[Update: On Tuesday, Michelle's twins were removed from the custody of their father, her ex-fiancé, Dale Smith. Read:Michelle Parker's ex-fiancé suspect in her disappearance, loses custody of twins.]

Scroll down for links to more on Michelle's story.

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 Smith had just appeared on 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 Smith at a hotel, and that went over a balcony.

The two had a tumultuous relationship. CNN reports that in 2009 Michelle reportedly obtained a temporary restraining order against Smith, citing and incident in which Smith broke the window of her car, threw car seats onto the ground, cursed at her, and told her, “Your day is coming.”

Even though there is a trail of violent incidents in Smith’s past, Michelle’s mother told WFTV she believes her daughter was the “victim of a random crime” and doesn’t think Smith was involved. Because Michelle’s car was found in a mall parking lot they believe she might have been the victim of a car-jacking. This was her belief before Smith's father's house was raided.

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 $50,000 reward that was offered in the case has expired.

Police are urging anyone with information about the case to call Crimeline at 1-800-423-8477.

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Michelle Parker Case: Requires Our Attention

Police Search Home in Michelle Parker's Disappearance: MyFoxORLANDO.com

Over the weekend in Orlando, FL, the residence of Dale's Smith, former fiance' of Michelle Parker, 33 who suddenly vanished, without a trace on November 17, 2011, was visited by a SWAT team. Finally, Dale Smith has been officially named the only person of interest in the vanishing of Michelle.

As in the majority of missing persons cases that involve prior incidents and allegations of abuse, the offenders pretend to cooperate with authorities when in actuality they are buying time, disarming police in hopes their tracks are fully covered. Dale Smith was the last person to see Michelle Parker alive. And no surprise, Smith not only has refused a polygraph, he has secured legal counsel.

But, according to sources law enforcement named him as a suspect because of what has already been uncovered which is not being released to the media. Smith not taking a polygraph has nothing to do with his new "public status" as suspect.

Now if we can get our public eyes for a moment off of Smith, whom in my opinion, is likely to be charged in this case and onto to Michelle Parker. The family now needs the public's assistance in passing out information and posting flyer's. Please get the information on your social networks. Visit the face page link set up by the family http://www.facebook.com/michelleparkermissingperson and if you live in the area have your local community groups and churches assist where directed by the Parker family.

Susan Murphy Milano is a staff member of the Institute for Relational Harm Reduction and Public Pathology Education as a educator and specialist with intimate partner violence prevention strategies directing prevention for high risk situations and cases.

A national trainer to law enforcement, training officers, prosecutors, judges, legislators, social service providers, healthcare professionals, victim advocates and the faith based community and author.. In partnership with Management Resources Ltd. of New York addressing prevention and solutions within the community to the workplace. Host of The Susan Murphy Milano Show,"Time'sUp!" . She is a regular contributor to the nationally syndicated "The Roth Show" with Dr Laurie Roth and a co-host on Crime Wire. Online contributions: Forbes : Crime, She Writesproviding commentary about the hottest topics on crime, justice, and law from a woman’s perspective, as well as Time's Up! a blog which searches for solutions (SOS) for victims of crime.