PPO against Livingston County GOP chair terminated by judge

Livingston County GOP Chairperson Jennifer Smith reviews at exhibit in the Washtenaw County 22nd Circuit Court on Tuesday, March 21, 2023.
Livingston County GOP Chairperson Jennifer Smith reviews at exhibit in the Washtenaw County 22nd Circuit Court on Tuesday, March 21, 2023.

ANN ARBOR — Washtenaw County Circuit Court Judge Arianne Slay terminated a personal protection order against Livingston County GOP Chairperson Jennifer Smith Tuesday.

Issues between Sarah Cross and Smith, who was announced as chairperson of county GOP executive committee in early December, began during the COVID-19 pandemic. Cross petitioned the court for a PPO on Oct. 31, 2022, after she said had suffered a serious of public attacks on social media and her home address had been published. She added that she was fearful for her personal safety and the safety of her family.

During the hearing on the PPO, Slay noted that the allegations against Smith included references to posting on social media about Cross being alone while she collected recall signatures, Smith and her husband allegedly driving by, flipping Cross off and screaming at her. Slay noted the comments stopped once the PPO was in place.

Smith has denied all allegations.

Slay on Thursday said there wasn't enough evidence against Smith to sustain the protection order.

"I cannot make the finding that the respondent is responsible for engaging in these behaviors at this juncture, the record is wanting of evidence that would we need to continue this PPO," Slay said.

"There is evidence that the petitioner suffered a great deal as a result of the posting about her home address, her physical whereabouts and their doings that would cause any reasonable person to not only be alarmed, but terrified and satisfying the task regarding engaging in stalking behaviors," Slay said, referencing Cross. "However, the record at this juncture is not satisfied as to who was orchestrating the overt acts.

"Miss Cross, it is clear that someone or a group of someones have engaged in stalking behavior where you are the victim as defined under the Michigan penal code. Based on evidence presented, it's just not clear who it is," Slay said.

Slay added she is still curious as to why the posts stopped after the PPO was put into effect.

"It could be Miss Smith decided to stop and she was the one posting all along," the judge said. "Alternatively, it could be somebody who supports Miss Smith or the things that she also believes in and didn't want her to be in trouble and wasn't willing to own what they have done. Either way, it stopped. I should hope that the conclusion of this hearing will be the conclusion of stalking behaviors by any interested party on either side.

She was cross-examined by her attorney Kristina Lyke and Cross for several hours.

While testifying, Smith made many allegations about Cross, saying she encouraged people to call the FBI on her and that Cross admitted to calling the FBI on her. She said Cross suggested Smith needed to be in jail because she was raising the potential next school shooter, comments Smith said were deleted later.

Smith also alleged that Cross made many other comments, including that the group Smith represents, Moms For Liberty, is being investigated by the FBI for domestic terrorism, that multiple social media platforms of the group have been suspended for spreading COVID-19 misinformation, and that Moms for Liberty is being pursued by the IRS, in addition to other comments.

Additionally, Smith alleged that Cross started a Facebook group called Parents for Justice and a Twitter account called Integrity for Kids.

Throughout the cross examination with her attorney, Smith explained how difficult the issue has been on her and her family.

"Obviously, as a mother, with teenagers, having my kids attacked in this way and gaslit was horrifying," Smith said.

The PPO had forbid Smith from stalking Cross and set a number of restrictions, including limits on contact with Cross in person, at her workplace, home or by phone, mail or the internet.

The PPO also forbid Smith from purchasing or possessing a firearm.

Cross has in the past attended Brighton Area Schools Board of Education meetings and advocated for tougher COVID-19 protocols. When she believed a pair of school board members disparaged her, coughed in her direction and dismissed COVID-19 safety, she sought recalls against them.

Livingston Daily reporter Patricia Alvord can be reached at palvord@livingstondaily.com.

This article originally appeared on Livingston Daily: PPO against Livingston County GOP chair terminated by judge