GABRIEL JOHNSON - 8 months (2009) - Tempe AZ/Miami Beach FL

The mother charged with kidnapping her 8-month-old son — last seen alive almost a year ago — confessed to a San Antonio police detective that she killed him.Detective Jesse Salame interviewed Elizabeth Johnson, 24, with two guards present at the Maricopa County Estrella Jail in Phoenix on May 10, her attorneys have said.During that interview, which Salame reportedly recorded, Johnson said she killed her son Gabriel.SAPD refused to comment on the alleged confession.“The details of that interview are part of the investigative case file,” said SAPD spokesman Sgt. Chris Benavides in an e-mailed statement. “Therefore, the details cannot be discussed.”Johnson's defense attorneys Adam Feldman and Nick Alcock used the interview as a basis for a motion to dismiss the Arizona charges against the young mother, which include child abuse, kidnapping, attempted custodial interference and custodial interference.Court settings to hear the motion have been postponed as Feldman and Alcock withdrew from the case this fall.Johnson has not been charged in Bexar County, where officials and volunteers combed through 4,260 tons of trash at the Tessman Road Landfill for 14 days in February after Johnson reportedly sent a text message to Gabriel's father, Logan McQueary, saying she had killed their child and discarded his body.McQueary was granted custody of Gabriel on Dec. 17, but Johnson took her son, then 8 months old, to San Antonio, where he was last seen Dec. 26. Johnson then traveled to Florida, where she was arrested Dec. 30.The Maricopa County Attorney's Office and Tempe Police Department invited Salame, an 11-year SAPD veteran, to interview an informant at the Estrella Jail, the defense motion states, but that interview was unproductive. The motion alleges that Salame then interviewed Johnson, who was on psychotropic medication, for several hours without the presence of her lawyers.During the interview, the motion claims, Salame was able to convince Johnson that Alcock and Feldman weren't concerned with her well-being or her legal defense and caused her relationship with her lawyers to deteriorate.SAPD Chief William McManus has said the allegations made about Salame were unsubstantiated and would be answered in court, but declined to comment further.Feldman found out about the interview while it was taking place and stopped it, Alcock said Wednesday by telephone.Johnson filed a motion to change counsel on Sept. 27, and last week attorney Marci Kratter became her lead defense attorney.Kratter, who said Wednesday she “has no idea what's going on,” confirmed she will represent Johnson at a status conference on the case scheduled for Thursday. She declined further comment.“The only person who really knows what happened in that meeting was Detective Salame,” Alcock said. “He wasn't on drugs.”

The mother of a missing Arizona child is due in a Phoenix courtroom Thursday for a status conference on her case.Elizabeth Johnson is set to go on trial May 9 in Judge Paul McMurdie's courtroom. The Superior Court says the trial is likely to last three weeks.Johnson was found competent to stand trial in September.Johnson has pleaded not guilty to charges of kidnapping, child abuse, and custodial interference in the disappearance of her son Gabriel, who was 8 months old when he was last seen in December in San Antonio.Police don't know whether the boy is alive.Tempe police say Johnson originally claimed she killed the baby and later said she gave the child to a couple in San Antonio.

TEMPE, Ariz. — The new lawyer for the mother of a missing Arizona child wants a San Antonio policeman to testify in the case.The East Valley Tribune says a Maricopa County Superior Court judge granted the request by Elizabeth Johnson's attorney Daniel Raynak during a hearing Thursday to sign an out-of-state subpoena for Detective Jesus Salame.Johnson's previous lawyers claim Salame interviewed Johnson at a downtown Phoenix jail in May without her legal counsel present. That prompted them to contend that Johnson's Sixth Amendment rights were violated and the case should be dismissed.The 24-year-old Johnson has pleaded not guilty to charges of kidnapping, child abuse and custodial interference in the disappearance of her son Gabriel, who was 8 months old when he was last seen a year ago in San Antonio.Authorities don't know whether the boy is alive. Tempe police say Johnson originally claimed she killed the baby and later said she gave the child to a couple in San Antonio.Johnson was arrested in late December in Florida without the child. She has been jailed on a $1.1 million cash bond since January on charges of kidnapping, child abuse and custodial interference in connection to the disappearance of her son.She was found competent to stand trial in September. Prosecutors say Johnson's trial is scheduled to begin May 9.http://www.statesman.com/news/texas/another-twist-in-case-of-missing-arizona-child-1109135.html

Audio Reveals Elizabeth Johnson's Confession

Mother Of Missing Baby Gabriel Claims She Killed Son To Spite Father

Pat McReynolds Reporter, KPHO.com

POSTED: 9:09 pm MST December 13, 2010
UPDATED: 8:18 am MST December 14, 2010

(Go to link to for video report)

PHOENIX -- For nearly a year, there has been no sign of baby Gabriel.

http://www.kpho.com/news/26124485/detail.html

Elizabeth Johnson, the boy's mother, maintains that she doesn't know where he is.

But in a phone conversation obtained by CBS 5 News, Johnson says what we had only seen in a text message.

She was on the run at the time, last December in Texas. And in spiteful detail, she explains to the boy's father, Logan McQueary, what she did to her boy.

"Where are you and where is Gabriel?" asks McQueary.

"Gabriel is in a Dumpster," Johnson responds.

"No, he's not," said McQueary.

"You want to talk to girls, that's the price you pay," said Johnson.

At the time of the call, McQueary and Johnson had recently broken up. They shared joint custody of their son, Gabriel.

"I killed him this morning," claimed Johnson.

"No, you didn't," said McQueary.

Johnson responded with, "I couldn't do it anymore, I couldn't do it alone. You made it impossible for me to have my own life. You made it impossible for me to have Gabriel. You were going to take the only thing I had left. You wanted to take from me. You wanted to make me miserable. So find some new girl to make your new baby."

In the call, McQueary tried to learn exactly where Johnson was so he could lead investigators to her.

She told him she destroyed all of her identification and even called herself a ghost.

McQueary wanted to know his son was OK, but he didn't want to agitate Johnson anymore than she already was.

"Don't you care about me? All you care about is Gabriel. And he's gone now. You know what I'm capable of and you pushed me anyway. You destroyed my life," said Johnson.

"I haven't destroyed anything," said McQueary.

"Yes, you have, Logan. You made me kill my baby boy," said Johnson.

After she was arrested in Florida, Johnson told investigators she did not kill Gabriel, but rather arranged for him to be adopted by an anonymous family.

McQueary told CBS 5 News that he hopes his son is alive, but the call showed how determined she was to hurt the father of her baby.

"You made me do this," Johnson tells McQueary.

"You did not hurt Gabriel," said McQueary.

"Yes, I did. I suffocated him. I suffocated him and he turned blue. I put him in a diaper bag and put him in a trash can," said Johnson.

Elizabeth Johnson isn't expected back in court until Jan. 24.

Johnson is accused of kidnapping and custodial interference.

http://www.kpho.com/news/26124485/detail.html

December 17th 2010

It’s been nearly a year since a Tempe baby’s disappearance made
national headlines as law enforcement in four states, private
detectives and family members searched for missing Gabriel
Johnson.

Now forensics experts and authorities say they believe the child
is dead.


Gabriel’s mother Elizabeth Johnson already twice said — once in
a chilling text message and once in a recorded telephone call to
her estranged boyfriend and father of the child, Logan McQueary —
that she suffocated him and then stuffed his “little blue body”
inside a diaper bag before throwing him in a trash bin in San
Antonio.On Dec. 18 last year, the Tempe woman drove her grandfather’s
white 1995 Oldsmobile Delta 88 to San Antonio with Gabriel, then 7
months old, in the midst of a custody battle and stayed at a
Homegate Inn and Suites motel in San Antonio, where authorities say
they last saw Gabriel on Dec. 26.The next day, Johnson told McQueary she killed Gabriel.Her motive? To hurt McQueary, she said. Johnson, who has a
history of angry outbursts, blamed McQueary for “ruining her
life.”But at the time of Johnson’s Dec. 30 arrest in Miami Beach,
Fla., she told an FBI agent that she gave Gabriel to a couple at a
motel in San Antonio a day after she met them at a park there,
according to a Maricopa County Superior Court document. That
statement ignited hope for the McQueary family and a strong belief
among private investigators that an underground adoption took place
and Gabriel could still be alive.The best chance to find a missing child alive is within the
first 48 hours of its disappearance, according to information from
the National Center for Missing and Exploited Children — after
that, the chance diminishes every day.Johnson has been incarcerated in Maricopa County’s Estrella jail
on a $1.1 million cash bond for nearly a year on charges of
kidnapping, child abuse and custodial interference and has not been
cooperating with authorities.Dr. Steven Pitt, a nationally known forensic psychiatrist in
Scottsdale who has worked on high-profile cases, told the Tribune
that a mother not sharing information about where her child is and
not cooperating raises a “huge” red flag.“Good money says that the child is dead,” Pitt said. “This is
not rocket science. You have a defendant who has allegedly made
statements implicating herself in the disappearance of her child,
but more importantly, has refused to share information about where
her child could be. In my business, that’s a clue.“At the end of the day, the absence of the mother sharing
information about the whereabouts of her child is disturbing and
very troubling, and the fact that she claims she gave the child
away begs the question, to whom?”Tammi Peters Smith, 38, of Scottsdale, who according to court
documents was interested in adopting Gabriel around the time of his
disappearance without McQueary’s consent, is charged with forgery
and conspiracy to commit custodial interference in connection with
the case.Tempe police believe that Smith and her husband, Jack, had a
plan in place, or were devising one, to pick up Gabriel near
Nashville, Tenn., where the FBI had questioned an adoption agency
they thought was a possible location for the boy to be taken. Jack
Smith later was dropped as a person of interest in the case, and
authorities now say Tammi Smith is not a suspect in Gabriel’s
disappearance.Gabriel, who has blue eyes and had light brown hair, was born on
May 3, 2009, and was crawling at the time of his disappearance. If
alive, he now would be 19 months old and would be walking and
talking. He also would weigh more, his hair might be darker and he
might have been renamed.However, Gabriel would have no recollection of Johnson or
McQueary, according to Dr. Barbara Tinsley, a child psychologist
and child development expert who is a professor at Arizona State
University’s Division of Social and Behavioral Sciences.“His well-being highly depends on if he’s in a good and loving
environment and if he has good nutrition,” Tinsley said. “That is
critical. If he’s in a deprived environment, his development has
been slowed down, including his physical, cognitive and social
development. But, if he’s in a good loving environment, he’s in
pretty good shape.”However, Johnson had reportedly confessed a third time to
killing Gabriel, this time during a May jailhouse interview with
San Antonio police Detective Jesus Salame at the Estrella jail.
During the interview, Salame held Johnson’s hand and cried with
her. Salame told Johnson he was the only one who cared for her and
he was her best chance of being spared the death penalty, according
to a Maricopa County Superior Court document.Johnson’s former attorneys, Nick Alcock and Adam Feldman, said
Johnson was under medication at the time of Salame’s interview,
which was unauthorized, and they have since resigned from the case.
Alcock and Feldman cited that their attorney-client trust with
Johnson was destroyed by that interview.A San Antonio police spokesman told the Tribune on Wednesday
that its investigators have discussed seeking murder charges
against Johnson with the district attorney’s office there, and are
investigating the case as a homicide.In a recent development in the case, Johnson’s latest attorney,
Daniel Raynak hopes to subpoena Salame for testimony in an effort
to dismiss the high-profile case during a court hearing in January.
Johnson’s attorneys contend that when Salame flew to Arizona and
interviewed her in May, he violated her Sixth Amendment rights by
interviewing her without her legal counsel present, and that the
case should be dismissed.But Texas authorities aren’t forthcoming with information about
that interview with those involved in the case in Arizona. San
Antonio police contend they are in the midst of an active homicide
investigation and still are working with Tempe police on it.Tempe police told a room full of reporters earlier this year
that they ended their role in the Gabriel Johnson investigation,
but on Wednesday, Tempe police Sgt. Steve Carbajal said Tempe is
continuing to work with San Antonio police on the case. Carbajal
would not comment on specific aspects, citing an ongoing
investigation.Alcock told the Tribune that he already had tried to subpoena
Salame to provide testimony about the interview, but San Antonio’s
city attorney replied in a letter that they would not be responding
to the subpoena and Salame will not be testifying in an Arizona
courtroom.A Maricopa County Superior Court judge will rule in January
whether the case against Johnson will be dismissed, but a trial on
the charges against her in Arizona currently are scheduled to begin
in May.Amid the drawn-out legal proceedings, it remains unknown whether
Gabriel is dead or alive.“If there was ever a time I’d like to be wrong, it’s this case,
but I am not optimistic that they will find this baby alive,” Pitt
said.http://www.eastvalleytribune.com/local/article_ac085656-0963-11e0-9db6-001cc4c03286.html

I'm sick over this. I guess it always seemed obvious she didn something evil to that baby. I will NEVER be able to wrap my head around a woman that can take the life that she felt growing inside of her for moths.

Report on missing baby released by Tempe police

Jan. 18, 2011, 10:26PM

TEMPE, Ariz.— A lengthy report released Tuesday by Tempe police describes how investigators have chased false leads from Texas to Florida in the hope of finding a baby missing since December 2009.

However, the 230-page report offers little new information into the disappearance of Gabriel Johnson, who was 8 months old at the time and was at the center of a bitter custody battle between his parents.

Authorities don't know whether the boy is alive. Tempe police said 24-year-old Elizabeth Johnson originally claimed she killed the baby and later said she gave the child to a couple in San Antonio.

Johnson was arrested in Florida on Dec. 30, 2009, without the child. She has been held at a downtown Phoenix jail on a $1.1 million cash bond since last January on charges of kidnapping, child abuse and custodial interference in connection with the disappearance of her son.

Johnson was found competent to stand trial late last year and her trial is scheduled to begin May 9. The police report was released after a public records request by several news organizations including The Associated Press. It shows that Tempe police sifted through hundreds of leads during the weeks after the boy's disappearance, ranging from the speculation of a "psychic investigator" to tips from people who thought they had spotted the child after watching television news reports.

Tempe police spokeswoman Molly Enright declined comment on the report, noting that the case is still being investigated.

Report on missing baby released by Tempe police

http://www.kpho.com/download/2011/0119/26545073.pdf

http://www.kpho.com/download/2011/0119/26545073.pdf

age enhanced photo

Did Prosecutors Bungle Case Of Missing Baby Gabriel?

Attorney For Gabriel's Mother Argue Prosecutors Allowed Illegal Interview

UPDATED: 1:32 pm MST January 31, 2011
PHOENIX -- Could
a mistake by prosecutors set baby Gabriel's mother free? The
8-month-old boy has been missing for more than a year, and his mother,
Elizabeth Johnson, sits in jail charged in his kidnapping. But her
attorney is banking on botched prosecution to set Johnson loose.In
most trials, prosecutors and defense attorneys stay on one side of the
stand. But Johnson's attorney, Dan Raynak, is wanting to question his
competition, Maricopa County prosecutor Angela Andrews, on what part she
may have played in what he calls an illegal interview last summer."If
they failed to take adequate steps to prevent this from happening, then
they can be sanctioned appropriately, including dismissal," Raynak
argued in a Phoenix courtroom Monday.At issue is a meeting
between San Antonio detective John Salame and Johnson at the Estrella
jail. Salame questioned Johnson for hours, and sources close to the
investigation tell CBS 5 News that in it, she confessed to killing her
boy. But Raynak maintains the whole sit-down was improper."Police
officers don't normally cross the line, but over the years, my
experience has been that there are some officers that cross the line and
this was way over the line," said Raynak.Raynak thinks this
interview alone is enough to set Johnson free, but Salame refuses to be
deposed. And Raynak argued the prosecution is also responsible."The
prosecutor's office here was working with Detective Salame. He wasn't
working on his own. They were meeting with him. They were working with
him. They were conversing with him. They were doing things with him.
So, they were part and parcel with this problem."But Raynak has
enough trouble controlling his own client, Johnson, who wrote a letter
to the judge without her attorney's knowledge. The judge announced it
in court Monday, and then allowed Raynak and the prosecution team time
to read it.At the same time, attorneys for Johnson's alleged
accomplice, Tammi Smith, filed a motion to send her case back to the
grand jury. Smith had no comment outside the courtroom, But Raynak
maintains it is Smith who can lead investigators to the missing boy."I
don't know if Tammi Smith is the only one who can tell the end of the
story, but I think that she could be very helpful and I hope she comes
forward and does the right thing," said Raynak.The judge
ultimately ruled that the defense must first question Salame before he
even considers forcing the prosecution to submit to an interview. That
will probably bring the focus of this trial back to San Antonio, where
Gabriel was last seen.
http://www.kpho.com/valleynews/26679631/detail.html

Baby Gabriel's mother refused to show up in
court again Monday but her attorney argued strenuously that he should be
allowed to interview a prosecutor in the case.
At issue is the Elizabeth Johnson's pending motion to dismiss charges in the disappearance of her baby son just over a year ago.
Last May, a San Antonio detective interviewed Johnson, who is held
without bond in Estrella jail, without alerting her defense attorneys.
The interview, according to the defense, contaminated the case and
created grounds for dismissal of Johnson's charges.


Arguments on the motion were set for March 1.
The fate of the missing chubby cheeked, tow-headed Gabriel has
captured the attention of the nation since he was last seen with his
mother in San Antonio on Dec. 27, 2009.
Johnson first texted her boyfriend, Logan McQueary, saying she had
smothered the baby, put him a diaper bag and thrown him in the trash.
She later recanted, saying she gave the baby to a couple in a San
Antonio park whose names she does not know.
Johnson, 24, of Tempe, is charged with kidnapping, child abuse,
conspiracy to commit custodial interference and custodial interference.
In the motion to dismiss, the defense claims the San Antonio
detective met with Johnson and persuaded jail personnel to remove her
shackles. Then, according to the attorneys, the two sat knee to knee and
the detective even touched Johnson's thighs as he told her details
about his own personal life.
Ill-gotten confessions or incriminating statements could be grounds
for dismissal of the charges, or at least to have the information
precluded from trial.
"I'm shocked they didn't do anything" to prevent the interview with
the detective, said Daniel Raynak, Johnson's new defense attorney.
Raynak said Deputy Maricopa County Attorney Angela Andrews knew the
detective planned to talk to Johnson. But Andrews, Raynak said, did not
alert defense attorneys. Instead, she advised the detective to get a
second legal opinion, Raynak said.
"You can't be silent," Raynak said. "There were steps she could have taken before . . . this became an issue."
Andrews said the prosecution has already agreed not to use any of the information obtained from the San Antonio detective.
"The defense has failed to provide any basis of the motion to
dismiss," Andrews said. "Mr. Raynak was provided with all the
information we have received."
Honorable Paul McMurdie ruled that for now Raynak does not have
permission to interview Andrews. He said they can revisit the idea after
Raynak deposes the detective.
Raynak said he yet to depose the detective, who has refused to return
to Arizona for this purpose, according to court papers. Raynak said he
is hopeful a Texas judge will order Raynak to comply. But Raynak intends
to argue the dismissal motion even if he doesn't talk with the
detective.
Johnson has refused to attend most of her court hearings, mainly
because they require her to be under transport or in a jail lockup for
many hours, according to her grandfather.
"Elizabeth has a mind of her own," Raynak said after court.
He also said Johnson has provided all the information she has to
police, and that it was Tammi Smith of Scottsdale who "was the person
running the show . . . I wish she would come forward."
Smiths has maintained her innocence in Gabriel's disappearance.
Smith, who wanted to adopt Baby Gabriel, is free on bond on charges
of forgery and conspiracy to commit custodial interference. She has
requested a new grand jury because the state failed to present evidence
to the first one "in a fair and impartial manner," according to the
motion, which is scheduled for a Feb. 11 hearing.
In recorded phone conversations Johnson has accused Smith of setting up the "whole thing."
Court papers show that Johnson and Smith were in telephone contact
when Johnson fled to San Antonio with Gabriel. She left after McQueary
was awarded full custody of the baby.

Read more: http://www.azcentral.com/news/articles/2011/01/31/20110131baby-gabriel-court-case0201.html#ixzz1Cg3Ko9uC

Baby Gabriel's Mother Tells Judge, 'I Am Love'

PHOENIX, Ariz. -- The mother of missing baby Gabriel Johnson has sent a letter to the judge in her case.
http://www.kpho.com/valleynews/26685046/detail.html

• 
  VIDEO:
  Johnson's Attorneys Unaware Of Letter
  

In the two-page handwritten letter, Elizabeth Johnson first
introduces herself to Judge Paul McMurdie and admits she is writing
against her attorneys' recommendations. "I'm against conformity and was
never one who followed the rules," Johnson wrote, "which is probably why
I'm in the situation I find myself."Johnson complains about her "dreadful mugshot" but still doesn't give any insight into what happened to her baby boy.Johnson
was arrested more than a year ago, charged with kidnapping her
8-month-old son Gabriel. In the letter she rants that she has been
vilified by media coverage and expresses concern about getting a fair
trial and a "fair judge."She describes herself: "I am stubborn
and believe in myself and my case. I am unconventional and will not
change for the world."Baby Gabriel was last seen with Johnson in
San Antonio in December 2009. Johnson claims she gave him to a mystery
couple in a secret adoption.Johnson also writes to McMurdie that
she has lost hope in our "judicial system," saying she used to believe
"...it is fair and the best we have and that most inmates are guilty.
Now that I'm on the other side, I can see things from a much different
perspective."She ends the letter with a rant:"My whole
debacle isn't something most could possibly comprehend. I am not what
'they' say I am. Not in the least! I will tell you what I am; I am
love! And not one drop of cowardice runs in my blood! I was not born in
vain, nor will I die in vain. (I may have lived in vain).
Respectfully, Elizabeth J.J."Elizabeth Johnson's trial is currently scheduled to begin on May 9.The entire letter can be seen here:

• 
  PDF: Read Elizabeth Johnson’s Letter To Judge
  

Having read her ramblings, in her own handwriting (see PDF file above), I can only say she's a few fries short of a Happy Meal.

I wish she would write a letter to the judge telling what she really did to Gabriel.

Bear aka GA wrote:I wish she would write a letter to the judge telling what she really did to Gabriel.

----Ooooh, SNAP!

A Scottsdale woman who wanted to adopt an Arizona baby that's
still missing has been denied a request for new grand jury.

The Arizona Republic says a second grand jury would have heard
the state's evidence against Tammi Peters Smith and considered
whether it warrants charges.

The 38-year-old Smith is released on bond on charges of forgery
and conspiracy to commit custodial interference.
The baby's mother, Elizabeth Johnson, remains jailed on charges
of kidnapping, child abuse, conspiracy to commit custodial
interference and custodial interference.
Gabriel Johnson was 8 months old when he was last seen in
December 2009 in San Antonio. Police don't know whether the boy is
alive.Elizabeth Johnson was arrested in Florida on Dec. 30, 2009.
http://www.eastvalleytribune.com/local/tempe/article_4cfa1a62-38db-11e0-9b31-001cc4c002e0.html

The latest chapter in the case of a missing Arizona child, Gabriel
Johnson, focuses on a San Antonio police homicide detective. A hearing
concerning Detective Jesse Salame is scheduled in a Bexar County
Courthouse Friday morning.
The legal team for the missing child's mother wants to question the
San Antonio detective. At issue, did Salame violate Elizabeth Johnson's
right to an attorney?
A Bexar County judge is expected to determine if Salame should go to Arizona for questioning by Johnson's attorneys.
Little Gabriel vanished in December 2009 after his mother made a trip
to San Antonio to get away from the boy's father. He reportedly was
handed over to a couple in an Alamo City park.
Investigators have also said Elizabeth claimed she killed the
8-month-old. However, Gabriel has not been found, and his case remains
unsolved.
San Antonio authorities scoured a landfill based on a capital murder
search warrant looking for evidence connected to the boy's
disappearance. Investigators did not find anything.
Meantime, the 24-year-old mother remains in an Arizona jail charged with kidnapping, child abuse, and custodial interference.
http://www.kens5.com/news/Hearing-to-determine-if-SA-detective-can-be-questioned-in-AZ-missing-child-case-117398288.html

Barring a dismissal, the mother of missing Baby Gabriel is scheduled to go trial Aug. 8.
But the baby's loved ones doubt that even a trial will shed light on his whereabouts.
"The public needs to know as the case goes to trial . . . that the
whole story is going to get told except what Elizabeth (Johnson) knows,"
said the child's paternal grandfather, Frank McQueary, a retired
Phoenix police officer.

Still, McQueary said, "we think that this case is going to be the only justice we get."
Despite an ongoing murder investigation in San Antonio, the child's whereabouts are still unknown.
Desperate acts of 2 in Baby Gabriel mystery | More coverage
Gabriel was seven months old in December 2009 when his mother fled
with him to San Antonio two days before his father, Logan McQueary, was
to have a custodial visit.
Gabriel was last seen alive Dec. 26, the day Johnson texted and
phoned McQueary that she had smothered Gabriel, put him a diaper bag and
thrown him away, according to records.
She later recanted, saying she gave the blue-eyed, blonde-haired boy
to an anonymous couple in a San Antonio Park under the direct of Tammi
Smith, who is herself charged with forgery and conspiracy to commit
custodial interference.
Johnson is being held on kidnapping, child abuse, and custodial interference charges.
That the case may be reaching a conclusion is good news for Logan McQueary, 26, who made a rare public statement Monday.
"I am relieved to finally get a trial date," he said.
Maricopa Superior Court Judge Paul McMurdie also set a date of July
25 to hear Johnson's motion to dismiss, and ruled to sever the cases of
Johnson,24, the baby's mother, and Smith, 39, the would-be adoptive
parent.
McMurdie had signed an order allowing sheriff's deputies to use "any
means necessary" to get Johnson in court Monday, and she did make a rare
courtroom appearance.
The judge gave Johnson the option to not attend further proceedings, even the trial, but Johnson said, "I want to come."
"I understand today you want to come, but sometimes you change your mind," McMurdie said.
Logan McQueary said Johnson's appearance in court made him uncomfortable.
"I am (angry) and hurt at the same time," he said.
Thoughts of the son who was taken away from him 18 months ago are
with him all day, he said. And he still holds out hope that Gabriel, now
nearly 2, is out there, somewhere.
"I have good days and bad days," Logan said. "I don't know if we'll
ever give him a funeral, or if he's out there. I didn't get a chance to
celebrate his birthday."
Smith's trial will follow Johnson's, which is good news to Smith's legal defender Anne Phillips.
If Johnson is acquitted, then Smith's charges might get dropped.
Phillips said she doesn't know how she will respond if Smith is called
to testify against Johnson. "We are not there yet," she said.
Smith "is a good Samaritan who got wrapped up in the wrong person,"
Phillips said. "The tragedy is someone should still be looking for the
baby. She (Smith) just wants to know the baby is safe."

Read more: http://www.azcentral.com/news/articles/2011/05/02/20110502baby-gabriel-tempe-trial-date-elizabeth-johnson0503.html#ixzz1LFSHdUqA

Baby Gabriel's Father Breaks His Silence

Judge Sets Trial Date For Mother Accused Of Kidnapping Her Missing Boy

UPDATED: 1:00 pm MST May 2, 2011


PHOENIX -- Baby
Gabriel Johnson has been missing for more than a year. His mother put
him in a car and drove him to Texas, but her stories as to what happened
to him once they got to San Antonio are all over the map and could be
the difference between life and death for the boy.“It pisses me off to see her,” said Logan McQueary, Gabriel's father.McQueary
broke his silence Monday for several reasons. Elizabeth Johnson
appeared in court for the first time in months, and kept staring at
McQueary, trying to catch his gaze. But those glances were not returned.“I
noticed that. It just angers me. I’ve gotten to the point that I
don’t know what to do so I don’t want to see her,” said McQueary.McQueary
stayed silent for several months because he said he feels this case,
including charges of kidnapping, child abuse and conspiracy against
Johnson, is the only chance for his family to get justice for Gabriel.
And McQueary said he was afraid that by speaking publicly, he would
somehow mess it up.But with every day that goes by, his hope for a happy outcome and a reunion with Gabriel fades.“I’ve
thought about it that way that I may never see him again and we may
never know what happened to him and I don’t know what I would do. I
still have to think about that fact that I don’t know if I’ll ever give
him a funeral or if he’s out there. I didn’t even get to celebrate his
first birthday with him,” said McQueary.According to
investigators, Johnson has twice admitted to killing Gabriel. But she
now maintains that she gave the boy away to a couple in a Texas park, a
couple that Johnson says her alleged accomplice, Tammi Smith, arranged
for her to meet. The judge agreed Monday to try the women separately,
but that doesn’t mean either of them will talk.“Will Tammi Smith
testify in Elizabeth’s trial?" CBS5 News asked Smith's attorney, Anne
Phillips. “Don’t know yet,” Phillips answered.McQueary said he is
glad the trial is finally moving forward, but he doesn’t expect much
from either defendant. He told CBS5 News he hopes the judge remembers
who this case is really about.“Do you think that Elizabeth should
ever see the outside of the jail again?” asked Pat McReynolds. “Not for
what she did. No. Especially if Gabriel is out there somewhere and we
don’t know where he is. Why should she be able to get out of jail and
live her life,” answered McQueary.Johnson's attorneys are still
trying to get the case thrown out, arguing that last summer, Johnson was
questioned by a San Antonio detective without her attorneys present.
But while taking that motion under advisement, the judge set a
preliminary trial date for Johnson for Aug. 8. Tammi Smith's trial will
begin some time in September.
http://www.kpho.com/valleynews/27747827/detail.html

Baby Gabriel's Mom Ordered Back For Psych Tests

10:01 pm MST May 25, 2011
PHOENIX -- A
judge ordered Elizabeth Johnson, the mother of missing Baby Gabriel, to
undergo another psychological evaluation to determine if she is
competent to stand trial.Johnson’s attorney presented a full day
of testimony on Wednesday to convince a judge to throw out her case. He
argued that her constitutional rights were violated during an interview
conducted by San Antonio Police Detective Jess Salame.

• SLIDESHOW: Baby Gabriel's Mom In Court
  

• VIDEO: Baby Gabriel's Mom Ordered Back For Psych Tests
  

Salame said Johnson confessed to killing her son during the
interview with him. But the interrogation was unauthorized and without
Johnson’s attorney present. Her son, who was 6-months-old at the time,
has been missing for 18 months.Maricopa County Superior Court
Judge Paul McMurdie said he wanted to find a solution other than
dismissing the charges. “Dismissal is the last resort,” he said.After
hearing testimony from Dr. Daniel Gaughan, a psychologist, about
Johnson’s state of mind since the interrogation with the detective, the
judge ordered her to undergo another psychological evaluation by court
approved doctors.Gaughan said he did not think Johnson was
competent to stand trial because Salame convinced her not to trust her
attorneys, which makes her incapable of participating in a defense with
them.The psychologist said Johnson completely lost trust because
of the way Gaughan treated her and that it exacerbated the problems she
already had with her mental state.The San Antonio detective
portrayed himself as the only one who could help Johnson and told her he
could get her charges dismissed, Johson’s attorneys said. The detective
was able to show her evidence of this by taking her shackles off,
giving her candy, and other things her attorneys cannot do, according to
defense attorney Daniel Raynak.She was already a distrustful
person because of her horrible up-bringing through foster homes and
being abandoned by her mother, said Gaughan, who evaluated Johnson for
three hours.“Our position has always been that detective Salame
exacerbated the problems that this young lady had and because of that
it's come to the point that she's not going to be able to effectively
assist her defense in this particular case.” Raynak said.Last
June, Johnson was ruled incompetent to stand trial after an evaluation,
but she was reinstated after undergoing treatment and therapyLogan
McQueary, baby Gabriel’s father, sat through the entire day of
testimony and said he was disappointed afterward. “I was hoping that
they were just going to get rid of this so we can go on with the trial
and go on with things. It’s been long enough,” McQueary said outside the
courthouse.The newly ordered psychological evaluations likely will set back August 8 trial date.
http://www.kpho.com/news/28028116/detail.html

kiwimom wrote:Baby Gabriel's Mom Ordered Back For Psych Tests

10:01 pm MST May 25, 2011
PHOENIX -- A
judge ordered Elizabeth Johnson, the mother of missing Baby Gabriel, to
undergo another psychological evaluation to determine if she is
competent to stand trial.Johnson’s attorney presented a full day
of testimony on Wednesday to convince a judge to throw out her case. He
argued that her constitutional rights were violated during an interview
conducted by San Antonio Police Detective Jess Salame.

• SLIDESHOW: Baby Gabriel's Mom In Court
  

• VIDEO: Baby Gabriel's Mom Ordered Back For Psych Tests
  

Salame said Johnson confessed to killing her son during the
interview with him. But the interrogation was unauthorized and without
Johnson’s attorney present. Her son, who was 6-months-old at the time,
has been missing for 18 months.Maricopa County Superior Court
Judge Paul McMurdie said he wanted to find a solution other than
dismissing the charges. “Dismissal is the last resort,” he said.After
hearing testimony from Dr. Daniel Gaughan, a psychologist, about
Johnson’s state of mind since the interrogation with the detective, the
judge ordered her to undergo another psychological evaluation by court
approved doctors.Gaughan said he did not think Johnson was
competent to stand trial because Salame convinced her not to trust her
attorneys, which makes her incapable of participating in a defense with
them.The psychologist said Johnson completely lost trust because
of the way Gaughan treated her and that it exacerbated the problems she
already had with her mental state.The San Antonio detective
portrayed himself as the only one who could help Johnson and told her he
could get her charges dismissed, Johson’s attorneys said. The detective
was able to show her evidence of this by taking her shackles off,
giving her candy, and other things her attorneys cannot do, according to
defense attorney Daniel Raynak.She was already a distrustful
person because of her horrible up-bringing through foster homes and
being abandoned by her mother, said Gaughan, who evaluated Johnson for
three hours.“Our position has always been that detective Salame
exacerbated the problems that this young lady had and because of that
it's come to the point that she's not going to be able to effectively
assist her defense in this particular case.” Raynak said.Last
June, Johnson was ruled incompetent to stand trial after an evaluation,
but she was reinstated after undergoing treatment and therapyLogan
McQueary, baby Gabriel’s father, sat through the entire day of
testimony and said he was disappointed afterward. “I was hoping that
they were just going to get rid of this so we can go on with the trial
and go on with things. It’s been long enough,” McQueary said outside the
courthouse.The newly ordered psychological evaluations likely will set back August 8 trial date.
http://www.kpho.com/news/28028116/detail.html

What about Gabriel's childhood? Perhaps her attorney should have her read this book.

Elizabeth Johnson, the mother of missing baby Gabriel Johnson, will be
in court next week where a judge will rule on whether she's competent to
stand trial on charges related to the disappearance of her 9-month-old son.



Johnson's been charged with kidnapping, child abuse, and custodial
interference in the disappearance of the baby, who's been missing since December of 2009.

Johnson was initially ruled incompetent to stand trial in June of 2010.
She was then ruled competent in September of 2010, but in May was
ordered to undergo another psychological evaluation, the findings of
which will be used to determine whether she's competent to stand trial.

Johnson has been in jail since January after she failed to show up to a December custody hearing.
Johnson, police say, disappeared with Gabriel and went to San Antonio, Texas, where the baby was last seen alive.
While on the run, Johnson sent text-messages to the baby's father,
Logan McQueary, saying she had killed the baby and put his body in a dumpster.
She later recanted her claims and said she gave the baby to a random couple she met at a park in San Antonio.
When Johnson was first thrown in jail, Maricopa County Sheriff Joe
Arpaio claimed she was the model inmate but has since changed his tune
after Johnson allegedly assaulted other inmates and then refused to eat Joe's loaf.

If you're unfamiliar with Joe's loaf, click here.

http://blogs.phoenixnewtimes.com/valleyfever/2011/07/elizabeth_johnson_competency_h.php

PHOENIX - We've been following this case for a few years now and
Elizabeth Johnson is expected to be back in court Tuesday morning.
She's the mother of a missing child, Gabriel Johnson.
Charged with child abuse and kidnapping after she took her 8-month-old son from his father to San Antonio.
That's where she told police she gave the child away to an unidentified couple.
Competency
issues will be addressed Tuesday morning in court and it will be a big
day for Johnson. Her future could be determined.
A judge will
rule if she's mentally competent to stand trial. If she is, the trial
will start soon. If not, her case could be thrown out and the mother
could be ordered to a psychiatric facility.
We've heard from Johnson's attorneys, but she has remained quiet and almost emotionless.
In
June 2010, doctors said she was not mentally capable to go through a
trial, but said that could change with counseling and medication.
A judge will be looking at the latest psychological evaluation when the decision is made.


http://www.myfoxphoenix.com/dpp/news/justice/elizabeth-johnson-case-08022011

Baby Gabriel hearing postponed in case against mother

by Laurie Merrill - Aug. 2, 2011 11:37 AM
The Arizona Republic

A judge who postponed Elizabeth Johnson's competency hearing until Aug. 11 said Tuesday he is concerned that four of five doctors who have examined Baby Gabriel's mother have found her incompetent to stand trial.

Johnson, 25, is charged with kidnapping, child abuse and custodial interference in the December 2009 disappearance of her son, Gabriel Johnson. She again refused to be transported to court Tuesday.

The next step is for attorneys, if they choose, to interview the doctors who examined Johnson.

Maricopa County Superior Court Judge Paul McMurdie said he hopes the attorneys' discussions with the evaluating physicians include plans for restoring Johnson to competency.

"I want to make sure there is a plan to make her restorable," McMurdie said.

Two doctors recently found Johnson incompetent and one found her competent. One of the two who said she incompetent said she restorable, the other said she is not, said defense attorney Marci Kratter. Previously, two other doctors found her incompetent to stand trial.

"I think there is a real issue on whether she is restorable," Attorney Dan Raynak said. "We will be focusing on whether or not she is restorable. "

Kratter, too, said she fears that Johnson's mental health is deteriorating. She has previously been restored to competency, only to again be found incompetent to cooperate with her attorneys.

The defense argues that Johnson is unable to cooperate with attorneys because of a jailhouse visit from a San Antonino detective, whom they said visited her illegally, gave her candy and touched her legs. He told her repeatedly that he was the only one she could trust, Raynak said.

"He has so fractured her ability to trust anybody," said Kratter of the detective.

Should McMurdie rule that Johnson is incapable of ever cooperating with attorneys, she could be committed to a psychiatric facility instead of facing a jury trial.

Meanwhile, Tammi Smith, 39, the Scottsdale matron who wanted to adopt Baby Gabriel, faces forgery and custodial interference charges in the baby's disappearance.

Her trial was continued until Oct. 5, her attorney said, but because of professional and personal issues involving several attorneys in the case, the trial start may be pushed into 2010, said her attorney, Anne Phillips

Smith's trial will follow Johnson's, if Johnson has one.

Phillips has requested that the state provide emails and correspondence from people who have a negative opinion of Smith. Such a public opinion might jeopardize a jury pool, she said.

Read more: http://www.azcentral.com/community/tempe/articles/2011/08/02/20110802baby-gabriel-case-mother-postponed-elizabeth-johnson.html#ixzz1TtwiMFsX