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

PHOENIX -- The prosecution rested its case against Tammi Smith, the
woman who was trying to adopt missing baby Gabriel Johnson in the weeks
before his December 2009 disappearance.

Smith is expected to take the stand Wednesday or Thursday as part of her defense.

Smith pleaded not guilty to forgery and conspiracy charges.
Investigators have long-believed Smith helped Gabriel's mother,
Elizabeth Johnson, run away with him. They also claim Smith forged
adoption papers.

Smith broke down in court Tuesday, as prosecutors played audio
recordings from January 2010. She sobbed, listening to police try to
convince Johnson to turn on Smith. They told Johnson that Smith was
manipulative and not the motherly figure she was pretending to be.

"She doesn't care that you're in jail," an investigator told Johnson on
the tape. "In fact, [Smith thinks] it's good that you're in here. As
every day goes by and we don't know where Gabriel is, it looks worse on
you and she's nice and comfortable in a nice home."

Investigators on the tape convince Johnson to confront Smith during a
secretly recorded phone conversation in an attempt to get her to reveal
new information. At that point, police were wondering if Smith found
people for Johnson to give her son to.

"I can't hide your involvement in [Gabriel's disappearance] and the
plans you made," Johnson is heard saying on the wire-tapped call.

Confused, Smith responded, "Wait? What plans? What are you talking about?"

Smith is later heard pleading with Johnson, "Elizabeth, we have got to
find that baby. The only way to do that is for you to tell the truth."

The wire taps ultimately revealed no useful information pertaining to Gabriel's whereabouts.

Johnson has been in jail for more than two years and faces her own trial
toward the end of the summer on a range of charges, including
kidnapping. She initially told investigators that she killed Gabriel but
later changed her story, insisting she gave him to an anonymous couple
in a San Antonio park.
http://www.azfamily.com/home/related/WATCH-LIVE-Tammi-Smith-prepares-to-take-the-stand-at-trial-150803045.html

Jury to decide fate of Tammi Smith

Posted: May 15, 2012 8:31 PM EDT Updated: May 15, 2012 8:50 PM EDT

By Linda Williams, FOX 10 News -


PHOENIX - Closing arguments were made Tuesday in the case of Tammi Smith, the woman
accused of forgery and custodial interference in the case of missing baby Gabriel.

This case is now in the hands of the jury.

It has been five weeks of a very complicated trial, centered around
40-year-old Scottsdale mom Tammi Smith and her desire to adopt a baby.

In closing arguments, prosecutor Angela Andrews painted Tammi Smith as a desperate woman.

"We can show the defendant wanted to have a child of her own. She was doing
everything she could to make sure she found a sibling for a child she
already had," said Andrews.

The question is, did Tammi Smith break the law in her efforts to adopt 8-month-old Gabriel Johnson?

She is charged with forging a court document lying about who Gabriel's father was, and interfering with parental rights.

Andrews spoke of Tempe Police's search for Gabriel when Elizabeth Johnson said she gave the baby away.

"They didn't need a villain, they needed to know where the baby was and how
to find him, but every single road in the investigation led right back
to the defendant."

Johnson's attorney has always maintained Tammi Smith was trying to help Elizabeth Johnson and her baby.

Defense attorney Anne Phillips says there was no intention to commit fraud, and
that Smith actually has something important in common with baby
Gabriel's father.

"The state, the government would have you
believe these two people are adversaries even enemies. The truth is they
both have something in common. They both love Gabriel very much and
they were victims of Elizabeth Johnson," said Phillips.

Smith is not accused in the baby's disappearance. It's the baby's mom, Elizabeth
Johnson, who is in jail awaiting trial in the baby's disappearance.

To this day, no one knows what happened to the child.

We of course will let you know when the jury comes back with a verdict.

www.myfoxphoenix.com/story/.../jury-to-decide-fate-of-tammi-smit...

PHOENIX - The would-be adoptive mother of an
Arizona baby missing for more than two years was convicted Thursday of
forgery and conspiracy to commit custodial interference.
Tammi
Peters Smith was convicted on felonies that each carry a sentencing
range of one to 3.75 years. Her eligibility for probation would be
determined at a hearing before sentencing on July 6.
"I just want
everyone to know that I'm OK," Smith said outside the courthouse. She is
being allowed to remain free pending sentencing. Her lawyer said he
planned to appeal.
Prosecutors had painted Smith, 40, as an "obsessed" woman who would stop at nothing to win custody of the boy named Gabriel.
Defense attorneys said she was just looking out for the child and his mother.
Gabriel
was 8 months old when he was last seen in December 2009 in San Antonio.
The boy's mother, Elizabeth Johnson, had said she killed Gabriel and
dumped him in a trash bin, but later recanted and said she gave the baby
to a couple in San Antonio.
Gabriel has never been found and police do not know whether he is alive.
Smith
had been seeking to adopt Gabriel before Johnson left Arizona with him.
The Scottsdale woman was accused of lying on a court document about the
possible paternity of the baby in an effort to keep Gabriel away from
his father, Logan McQueary, who testified against Smith.
Johnson,
25, signed over temporary guardianship of Gabriel to Smith and her
husband for about 10 days before she picked him up and left Arizona.
McQueary, 27, called police after he found Johnson's Tempe trailer
empty.
Authorities say Smith forged her cousin's name on a
document challenging whether McQueary was Gabriel's father and conspired
with the baby's mother to deprive McQueary of his paternal rights.
http://azstarnet.com/news/state-and-regional/missing-boy-s-would-be-adoptive-mom-convicted/article_0c49dc4c-af30-543c-946e-934f4d0f81cb.html

Now I want to see the mother go down for murder.

Sentencing today for Tammi Smith in Baby Gabriel case

Posted: Jul 06, 2012 7:53 AM CDT
Updated: Jul 06, 2012 7:59 AM CDT
Posted by Steve Stout

PHOENIX (CBS5) - The would-be adoptive mother of an Arizona baby missing for more than two years is set to be sentenced in Phoenix on Friday.

Tammi Peters Smith is eligible for probation but could face between one and seven-and-a-half years in prison stemming from her May conviction on forgery and conspiracy to commit custodial interference.

Prosecutors wanted Maricopa County Superior Court Judge Joseph Kreamer to consider the crimes separately, which would mean mandatory prison time.

WATCH LIVE ON CBS5AZ.COM: Tammi Smith sentencing at 1:30 p.m.

Instead, Kreamer determined the acts were part of the same criminal objective and therefore, Smith is eligible for probation.

Prosecutors painted the 40-year-old Smith as an "obsessed" woman who would stop at nothing to win custody of the boy. Defense attorneys said she was just looking out for the child and his mother.

Gabriel was 8 months old when he was last seen in December 2009 in San Antonio.

The boy's mother, Elizabeth Johnson, had said she killed Gabriel and dumped him in a trash bin, but later recanted and said she gave the baby to a couple in San Antonio. She remains in jail.

http://www.kpho.com/story/18963630/sentencing-today-for-tammi-smith-in-baby-gabriel-case

Jail time for Baby Gabriel's would-be adoptive mother

by By Amanda Lee Myers and Walter Berry, Associated Press
Posted on July 6, 2012 at 3:31 PM
Updated yesterday at 10:47 PM

PHOENIX (AP) -- The would-be adoptive mother of an Arizona baby missing for more than two years was sentenced Friday to 30 days in jail.

Tammi Peters Smith, 40, faced between one and 7 1/2 years in prison stemming from her May conviction on charges of forgery and conspiracy to commit custodial interference.

Maricopa County Superior Court Judge Joseph Kreamer instead sentenced Smith to the jail term and three years of supervised probation for custodial interference, plus three years of supervised probation and 30 days deferred jail for the forgery conviction. He also said Smith was eligible for work release.

Kreamer said a prison term was unwarranted because Smith had no previous criminal record. He also said Smith's deferred jail term could go away with good behavior and mental health counseling.

Prosecutors painted Smith as an "obsessed" woman who would stop at nothing to win custody of the boy. Defense attorneys said she was just looking out for the child and his mother.

"I would love to stand here today and tell you what really happened but I can't," said Smith as she read a statement to the judge before he sentenced her. "I've basically been warned not to talk about this case, so I won't. But what's most important to me is that god knows the truth."

Gabriel was 8 months old when he was last seen in December 2009 in San Antonio.

The boy's mother, Elizabeth Johnson, had told the boy's father that she killed Gabriel and dumped him in a trash bin, but later recanted and said she gave the baby to a couple in San Antonio. Johnson's attorney maintains that the latter story is the truth.

Gabriel has never been found, and police do not know whether he is alive. A search at a landfill didn't turn up anything.

Smith, of Scottsdale, told The Associated Press on Thursday that her lawyers did not want her commenting on the case before her sentencing.

"I wouldn't want to get the judge mad at something I might say or not say," she said.

Smith had been seeking to adopt Gabriel before Johnson left Arizona with him.

Prosecutors accused Smith of lying on a court document about the possible paternity of the baby in an effort to keep Gabriel away from his father, Logan McQueary, who testified against Smith.

Smith offered to adopt Gabriel from Johnson in June 2009 when the two met during a long layover in Boston's airport. Johnson didn't decide to take her up on it until six months later, the same month Gabriel disappeared.

Johnson, who turns 26 this month, signed over temporary guardianship of Gabriel to Smith and her husband for about 10 days before she picked him up and left Arizona. McQueary called police after he found Johnson's Tempe trailer empty.

Investigators said that Johnson drove the boy to San Antonio, stayed about a week then took a bus to Florida without him. She was arrested on Dec. 30, 2009, in Florida and returned to Arizona.

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

Although the judge ruled that Smith was eligible for probation, the jury in the case found that there were aggravating factors, opening her up to a harsher penalty. The aggravating factors were that the crimes caused emotional harm and an accomplice was involved.

http://www.azfamily.com/news/local/Sentencing-for-woman-in-missing-Ariz-baby-case-161565765.html

Elizabeth Johnson, mother of missing baby Gabriel, wants judge presiding over her case to step down

Posted: 11:13 PM
Last Updated: 4 hours and 26 minutes ago
By: Christopher Sign By: Christopher Sign



PHOENIX - The whereabouts of Gabriel Johnson remain unknown and his mom, Elizabeth Johnson, refuses to say what exactly happened to the little boy, but she apparently has no problem talking to the judge presiding over her case.

"There is something wrong in your judgment. I firmly believe you've been compromised," wrote Johnson in a letter to Superior Court Judge Joseph Kreamer.

The two-page letter, obtained by ABC15, is handwritten and dated July 12, 2012.

"I haven't even had my trial (my right to a speedy trial), I'm not taking responsibility, that will come, my side hasn't even come out at all yet," Johnson wrote.

Johnson's son, Gabriel, was last seen Dec. 26, 2009. The last known images of the boy were apparently taken by Elizabeth while in a San Antonio motel room.

Since the disappearance, Johnson has said she killed the boy and also told people she gave him away to a couple in a Texas park.

Recently, Johnson's former friend, Tammi Smith served a 30-day sentence for her role in the days and weeks leading up to the boy's disappearance.

Smith was found guilty of forgery and conspiracy to commit custodial interference.

"I'm sorry but I cannot accept how lightly you sentenced Tammi Smith, I was shocked when I found out (as were many), I can't understand for the life of me, 30 days in jail? 3 years of probation? How could you? Are you mad? Blind? Deaf? Dense?" Johnson wrote at the beginning of the letter to Judge Kreamer.

While Johnson has gone through several different attorneys during the process, it seems she realizes the letter may not go over well with her lawyers.

"I probably should have talked to my lawyers about this, but I'm pretty sure what he'd say," wrote Johnson on the second page of the letter.

While sitting in jail, refusing to say what exactly happened to Gabriel, Johnson makes her own demand for Judge Kreamer.

"I got to ask you (on the record) to step down and withdraw as my presiding judge over my case and trial in hopes if you don't and I lose at trial I can use this as a reason for some sort of appeal," Johnson wrote.

She ends the two page letter simply writing, "Sincerely, Elizabeth Johnson."

Read more: http://www.abc15.com/dpp/news/region_phoenix_metro/central_phoenix/Elizabeth-Johnson-mother-of-missing-baby-Gabriel-wants-judge-presiding-over-her-case-to-step-down#ixzz234F90yyu

Missing Baby Gabriel's mom scolds judge in letter

Posted: Aug 09, 2012 7:32 PM EDT
Updated: Aug 09, 2012 8:24 PM EDT
By Phil Benson

Elizabeth Johnson's letter to judge



Elizabeth Johnson, Baby Gabriel


Tammi Smith

PHOENIX (CBS5) - The mother of missing Baby Gabriel has lashed out at the presiding judge in her case in a two-page, handwritten letter dated July 12.

Six days earlier, the would-be adoptive mother of Baby Gabriel, 40-year-old Tammi Smith, was sentenced to 30 days in jail and three years of supervised probation for forgery and conspiracy to commit custodial interference in the Baby Gabriel case.

Related

• COMPLETE COVERAGE: Missing Gabriel Johnson
  
• PDF: Elizabeth Johnson's letter to judge
  
• SEARCH: Related Tammi Smith stories
  
• SEARCH: Baby Gabriel stories
  
• FACEBOOK: Tammi Smith thanks Facebook friends following verdict
  

• 
  

"I'm sorry but I can't accept how lightly you sentenced Tammie (Tammi) Smith," Elizabeth Johnson wrote to Superior Court Judge Joseph Kreamer. "I was shocked when I found out. I can't understand it for the life of me. Thirty days in jail? Three years of probation? How could you? Are you mad? Blind? Deaf? Dense?"

Smith could have faced one to 7 1/2 years in prison stemming from her May conviction of forgery and conspiracy to commit custodial interference.

Johnson claims in the letter that the judge is disrespecting her case and "disregarding the severity of it." She wrote, "It doesn't make any sense."

Gabriel was 8 months old when he was last seen in December 2009 in San Antonio. Johnson had said she killed Gabriel and dumped him in a trash bin, but later recanted and said she gave the baby to a couple in San Antonio.

"I ask you to step down and withdraw as my presiding judge over my case and trial," Johnson wrote in the letter.

She concluded by writing, "I'm just not the kind of person who can sit back and say nothing."

Johnson is charged with kidnapping, attempted custodial interference and custodial interference in the case of her missing son.

http://www.kpho.com/story/19242117/missing-baby-gabriels-mom-scolds-judge-in-letter

Elizabeth Johnson back in court today

Posted: Aug 22, 2012 8:49 AM CDT
Updated: Aug 22, 2012 8:54 AM CDT
Posted by Steve Stout - email

PHOENIX (CBS5) - The mother of missing Gabriel Johnson will be in court for a status hearing at 9:30 a.m. Wednesday.

Elizabeth Johnson is charged with kidnapping and custodial interference in the case of her son, who was 8 months old when he went missing.

He was last seen with her in Texas and has been missing for more than two years.

Her trial starts next month.

http://www.kpho.com/story/19340498/elizabeth-johnson-back-in-court-today

Mother of missing valley baby appears in court

Posted: Aug 28, 2012 7:08 AM CDT
Updated: Aug 28, 2012 7:58 AM CDT
By FOX 10 News - Staff Report

The mother of missing baby Gabriel Johnson is due in court Tuesday.

Elizabeth Johnson is expected to attend her last hearing before her trial begins next week.

Johnson was declared competent to stand trial earlier this year and was also granted new attorneys.

She faces kidnapping, attempted custodial interference and custodial interference charges in the disappearance of baby Gabriel, who has not been seen since 2009.

Her trial is expected to begin next Wednesday.

http://www.myfoxphoenix.com/story/19393424/mother-of-missing-valley-baby-has-last-hearing

Trial set for Ariz. mom linked to missing baby

Posted: Sep 04, 2012 9:46 AM CDT
Updated: Sep 04, 2012 10:36 AM CDT
By FOX 10 News - Staff Report

PHOENIX (AP) - The trial for the Tempe mother of missing "Baby Gabriel" is scheduled to begin.

Trial motions are expected to start Tuesday and jury selection is slated for Wednesday in a trail involving 26-year-old Elizabeth Johnson. She faced charges of kidnapping and custodial interference.

Gabriel was 8 months old when he was last seen in December 2009 in San Antonio.

Johnson told the boy's father that she killed Gabriel and put him in the trash. Johnson later said she gave the baby to a Texas couple.

Johnson has been jailed without bond since January 2010. She previously was deemed mentally unfit to stand trial, but has since been restored to competency.

Gabriel has never been found, and police don't know whether he is alive.

http://www.myfoxphoenix.com/story/19450321/trial-for-mother-of-missing-baby-gabriel-starts-wednesday

Jury selection begins in case of missing Arizona baby

Posted: 09/05/2012
By: Associated Press

PHOENIX - Jury selection is scheduled to begin Wednesday for the mother of an Arizona boy missing since December 2009.

Elizabeth Johnson is being tried in a Phoenix court on charges of kidnapping and conspiracy to commit custodial interference.

The 26-year-old Tempe woman has been jailed without bond since January 2010. She previously was deemed mentally unfit to stand trial, but has since been restored to competency.

Opening statements are set for Sept. 19 and court officials say the trial is expected to last until early November.

Johnson first said she smothered her 8-month-old son Gabriel and put him in the trash. She later recanted and said she gave the baby to a couple in San Antonio, Texas.

Gabriel has never been found, and authorities don't know whether the boy is alive.

Read more: http://www.abc15.com/dpp/news/region_phoenix_metro/central_phoenix/jury-selection-begins-in-case-of-missing-arizona-baby#ixzz25hh9yEpQ

Get caught up on the Elizabeth Johnson trial

http://www.hlntv.com/article/2012/09/17/get-caught-elizabeth-johnson-trial

October 17, 2012

PHOENIX — An Arizona woman charged in the disappearance of her infant son more than two years ago was consumed with anger over the demise of her romantic ties with his father and used the boy as a pawn in their disputes, a prosecutor said Tuesday in closing arguments at the woman’s trial.

Elizabeth Johnson ran off to another state with the child as a way to retaliate against his father, Logan McQueary, for ending their tumultuous relationship, prosecutor Angela Andrews said.

“She wants to get back at Logan, and she is upset, and she uses the one thing that would hurt Logan more than anything,” Andrews said.

Johnson, 26, has pleaded not guilty to kidnapping, custodial interference and conspiracy to commit custodial inference in the December 2009 disappearance of her then-8-month-old son, Gabriel. She faces up to 27 years in prison if convicted on all counts.

Johnson sobbed as the prosecutor recounted McQueary calling her to say he loved her but had to spend time away from her so she could get her life back and get some peace.

Defense attorney Marc Victor told jurors they probably were angry at Johnson but shouldn’t be swayed by their emotions.

“This is not a case about whether or not you like Elizabeth Johnson,” said Victor, who called no witnesses on behalf of his client at the trial.

Victor said the jury likely would convict Johnson on the custodial interference charge because she violated a judge’s custody order. But he said prosecutors failed to prove their case on the other two charges.

Victor described Johnson as an unsophisticated single mother who was under a lot of stress, was in a volatile relationship with the boy’s father, and was being manipulated by a woman who wanted to adopt Gabriel.

“Does she wish she had a redo?” Victor said. “Absolutely.”

Authorities say Johnson told the boy’s father that she killed Gabriel and dumped him in a trash bin in San Antonio, Texas, the city where the child was last seen. But authorities say Johnson later recanted and told police she gave the baby to a couple at a San Antonio park. She never provided the couple’s names.

Gabriel’s 3rd birthday was in April, but police don’t know if he’s alive. They searched a landfill and found no body.

Johnson initially was found mentally unfit to stand trial but later was deemed psychologically ready.

Investigators said Johnson brought the child from Tempe to Texas, stayed for a week and then took a bus to Florida without him.

She had been fighting with McQueary about whether to put Gabriel up for adoption. Johnson signed over temporary guardianship to a Scottsdale couple for about 10 days before she picked up the boy and left Arizona. McQueary opposed putting the baby up for adoption.

The would-be adoptive mother from Scottsdale, Tammi Peters Smith, was accused of lying on a court document about the child’s possible paternity in an effort to keep Gabriel from his father. Smith was convicted of forgery and conspiracy to commit custodial interference.

McQueary isn’t suspected in the child’s disappearance.

Maricopa County Superior Court Judge Joseph Kreamer denied a request by Johnson’s attorney to dismiss the kidnapping charge.

http://www.washingtonpost.com/national/prosecutor-mother-of-missing-arizona-baby-used-child-as-pawn-in-disputes-with-boys-father/2012/10/16/b52677a8-17d1-11e2-a346-f24efc680b8d_story.htm

After verdict, future of 'Baby Gabriel' mom to be decided soon

Posted: Saturday, October 20, 2012 11:16 am

It’s been nearly three years since 8-month-old Gabriel Johnson
disappeared and the verdict against his mother is in. A jury did not
find her guilty of kidnapping. They couldn’t agree on that charge.

After nearly three years in jail, Elizabeth Johnson could be released with time served.

Johnson was found guilty of a lesser charge —
unlawful imprisonment. Jurors also found her guilty of custodial
interference and conspiracy to commit custodial inference.

As the verdict was read in court, Johnson turned to her defense team and was seen mouthing, “Oh my God. I’m shocked.”

“I think she was cautiously optimistic about the
verdict,” Marc Victor, her attorney, said Friday. “I think she was very
happy. We weren’t shocked. In terms of her release, I think it is going
to be difficult for her. I mean, she’s going to be exiting the jail and
entering a world that is quite different than the world she left. It’s
going to take some time for her to adjust, no question.”

Victor said Johnson is now probation-eligible.

“She could get granted probation and could get released with time served,” he said.

During this trial, a phone recording between Johnson
and her ex-boyfriend, Logan McQueary, was played. In that recording
Johnson told McQueary she killed Gabriel. Johnson later told authorities
she gave Gabriel to a couple she didn’t know in Texas. She was never
charged with murder. Victor doesn’t think she will be.

“I think it would be unjust to bring that charge.
There isn’t substantial evidence that any harm was done,” Victor said.
“There was a child abuse charge in this case the day I got involved and
we got that charge dismissed because there isn’t even evidence of any
kind of abuse here.”

A hearing to discuss Johnson’s release is set for November 1.

http://www.eastvalleytribune.com/local/cop_shop/article_85b4f290-1a4e-11e2-ae15-001a4bcf887a.html

I find this verdict hard to believe. Casey Anthony taught baby killers everywhere to just keep your mouth shut and you can murder your baby and get by with it.

Shock!!!!

Baby Gabriel's mom set to be sentenced

Posted: Dec 06, 2012 8:24 PM CST
Updated: Dec 06, 2012 8:31 PM CST
By Elizabeth Erwin

PHOENIX (CBS5) - We are just hours away from knowing if Elizabeth Johnson will be a free woman. Her sentencing is Friday. Johnson was convicted of unlawful imprisonment and custodial interference last month in the disappearance of her son, Gabriel.

Gabriel's father, Logan McQueary, won't be physically in the courtroom tomorrow, but he's going to call in and make sure the judge hears what he thinks before Johnson gets her sentence.

"I'm just going to be explaining what we've done for the past few years and how much pain it's put a lot of people through in my family and I don't think she should get off lightly," McQueary said.

McQueary said Friday's sentencing is bittersweet. On one hand, this part will be over. On the other, we still don't know where Gabriel is.

"It all depends on Elizabeth. Elizabeth is the only one that knows exactly what happened. And I don't know if we'll really ever know," McQueary said.

There are a couple ways Friday's sentencing can go. The longest sentence Johnson faces is 9 1/2 years. But there's a chance she'll walk out of court a free woman.

"I really think that probation is the appropriate sentence here. She's already done three years," Johnson's lawyer, Marc Victor said.

We've just learned Johnson plans to say something during the hearing.

"I expect that she'll explain that she feels bad about what happened, she is going to probably apologize and just say how she feels about the incident, why she did what she did," Victor said.

"Her apology doesn't mean anything to me. I wish she would just tell the truth," McQueary said.

Johnson's lawyer said her grandfather, grandmother and twin brother will also give statements tomorrow. So will McQueary's father and a few other family members.

CBS 5 News will be in the courtroom. Reporter Elizabeth Erwin will be live tweeting the sentencing. Follow her here for up-to-the-minute information.

http://www.kpho.com/story/20283633/baby-gabriels-mom-set-to-be-sentenced

Elizabeth Johnson sentencing (Baby Gabriel): Live Video

http://www.abc15.com/generic/news/live-video



any moment . . .

@stevekrafft
#ElizabethJohnson gets 5.25 years minus roughly three years for time served total 2.5 years with four years probation after that

Maybe they can charge her with murder while she is still in prison.

Elizabeth Johnson Tells Judge She Deserves 'Max' at Sentencing, Gets 5 Years

By RUSSELL GOLDMAN and KEVIN DOLAK
Dec. 7, 2012

Elizabeth Johnson -- who at one point admitted to killing her son, the missing infant Gabriel Johnson, before saying she gave him away -- told a judge she "deserved the maximum" sentence, before receiving a prison term of 5.25 years, half of the max.

In October, Johnson, 26, was found guilty of custodial interference and unlawful imprisonment stemming from the disappearance of her 8-month-old son, last seen on Dec. 24, 2009. The baby's whereabouts remain unknown.

"I am brokenhearted over my son still being missing," said Johnson, wearing a striped prison jumpsuit. "I'm at a loss because I do deserve the max. What I have done is unconscionable. I would convict myself.

"I do deserve the maximum, I do," she said through tears. "[But it] wasn't how [the prosecution] made it out to be. It wasn't like that. That's all I have to say."

Judge Paul McMurdie said he wished he could design a sentence that would compel Johnson to disclose Gabriel's whereabouts, but could only "sentence her for the offenses [for which] she's been convicted."

Johnson, 26, will serve 5.25 years in an Arizona state prison, followed by four years of probation.

At today's sentencing hearing, prosecutor Angela Andrews called Johnson' actions "despicable," but said the state would drop its request to see Johnson serve out a maximum sentence if she would tell authorities where her son could be found.

Johnson, who has been in jail for the past three years, faced a maximum of 9.5 years in prison on the two convictions. In October, the jury did not reach a verdict on a third charge of kidnapping.

Before Gabriel's disappearance, Johnson had been embroiled in a custody battle with the baby's biological father, Logan McQueary. The couple differed on putting their infant son up for adoption. Johnson had wanted to, McQueary did not.

"I think Elizabeth should be held accountable for her actions, for making my son disappear," Johnson told the court. "She should stay in jail until Gabriel is found or be given the maximum sentence as possible."

While she was fighting with McQueary over custody of their son, Johnson left Tempe, Ariz., with Gabriel and traveled to San Antonio, Texas, on Dec. 18, 2009. Johnson failed to bring Gabriel back to visit with McQueary two days later, violating a court custody order.

Gabriel was last seen with his mother on Dec. 26, 2009. The following day, Johnson sent text messages to McQueary saying she had killed him. Johnson was recorded telling McQueary that she suffocated their son with a towel until he turned blue. She said she then put his body in a diaper bag and put the bag in the trash.

Later, Johnson told authorities she gave Gabriel to a couple she met in a park in San Antonio, though she has never named who she gave the child to.

http://abcnews.go.com/US/elizabeth-johnson-tells-judge-deserves-max-sentencing/story?id=17905504#.UMKeMOR9Lp0

Would-be adoptive mom of missing baby Gabriel in court

Posted: Dec 07, 2012 12:07 PM CST
Updated: Dec 07, 2012 12:48 PM CST
Submitted by Breann Bierman
By Jose Miguel

PHOENIX (CBS5) - Tammi Smith, the would-be adoptive mother of missing Gabriel Johnson, remains on probation and the judge warned her in court Friday morning not to try to profit from the case.

Tammi Smith was accompanied by her husband, Jack Smith in court. There was no reason given for the more than one hour delay in the hearing.

The judge said he gave a deferred jail term to Tammi Smith with the thought of deleting it later. The judge said he would delete the jail term if the defendant is doing what she is expected and probation department said "yes."

Tammi Smith's attorney said she has been the type of inmate "probation officers dream of having."

In July, the judge sentenced Tammi Smith to 30 days in jail and three years of supervised probation for forgery and conspiracy to commit custodial interference in the Baby Gabriel case. Tammi Smith could have faced one to seven-and-a-half years in prison stemming from her May conviction.

On Friday, the judge said Tammi Smith is still on probation and any violation will reinstate her jail term.

The judge warned Tammi Smith that she should not do anything to profit from this case.

Her next hearing is scheduled for February.

http://www.kpho.com/story/20289015/would-be-adoptive-mom-of-missing-baby-gabriel-in-court

Elizabeth Johnson begins serving time at Perryville State Prison

Posted: Dec 17, 2012 5:32 PM CST
Updated: Dec 17, 2012 6:59 PM CST
By FOX 10 News - Staff Report

GOODYEAR, Ariz. - A new mug shot has been taken of Elizabeth Johnson, baby Gabriel's mother, since a judge ordered her to prison in the disappearance of her son.

According to the Department of Corrections, Elizabeth Johnson is now serving her sentence in the health unit at the Perryville State Prison in Goodyear.

A jury convicted the 26-year-old of unlawful imprisonment and custodial interference.

Nearly three years ago, she left Arizona with her baby boy. She first told the child's father she killed their son. She then claimed she gave Gabriel away to a couple in San Antonio.

Johnson is set to be released in October of 2014.

http://www.myfoxphoenix.com/story/20366969/2012/12/17/elizabeth-johnson-begins-serving-time-at-perryville-state-prison

Baby Gabriel case: Elizabeth Johnson to be released from Arizona prison

Sean Holstege, The Republic | azcentral.com
9:42 p.m. MST July 10, 2014

The case of missing Baby Gabriel gripped the Valley for three years, until his mother, Elizabeth Johnson, was sentenced to prison in late 2012.

Today, she is scheduled to be released, with Gabriel's whereabouts still a nagging mystery.

Johnson was convicted of unlawful imprisonment, custodial interference and conspiracy to commit custodial interference, but not of kidnapping. Instead of facing nearly 28 years behind bars, she was sentenced to five years, three months. With the time she served awaiting trial and good behavior, Johnson will be freed today.

"Justice was served here. Elizabeth was convicted of exactly the crimes she committed. She's served her sentence and now faces four years' probation," Johnson's attorney Marc Victor said.

His client sees the shorter sentence as "a second lease on life."

"Elizabeth has matured since the day I met her. She has ambitions to help single moms in crisis," Victor said.

But in the court of public opinion, he recognizes, his client has angered people, who demonized her as a suspected baby-killer.

"What's least understood about Elizabeth is that at all times she acted in what she believed was Gabriel's best interests. There was a ton of information we didn't bring out that showed she loved Gabriel at all times," Victor said, explaining that she was an immature woman who "freaked out" at a frustrating situation.

She felt badly for Gabriel's father, Logan McQueary, who'd lost his son. McQueary has had no contact with Johnson since she went to Perryville prison.

The case had all the ingredients to make it a national news sensation: An adorable eight-month-old boy. An attractive mother, then 25, who wanted a new life. A photogenic father, then 27, who just wanted his son. A custody battle. A damning text from her to him admitting murder. A different story to investigators. A mystery adoption at a park two states away. A middle-aged Valley couple that offered to give Baby Gabriel a home, but were seen by authorities as meddling. Another tangled custody claim.

The last time McQueary saw his son was December 2009. Then he and Johnson had an argument. She left their Tempe home, taking baby Gabriel, and fled to Florida.

Two days after Christmas, Johnson texted McQueary: "I killed him. You made me do it."

She described suffocating the baby and dumping him in the trash.

But after her arrest, she changed her story. Now she said she had given Gabriel to a couple in a park in San Antonio. Johnson never identified the pair and never veered from the story.

Investigators there searched dumpsters, landfills and parks to no avail.

Along the way, Tammi Smith of Scottsdale emerged with a story that she'd met Johnson in an airport six months before baby Gabriel's disappearance and asked her if she wanted to put Gabriel up for adoption. When she said yes, Tammi, then 40, and her husband Jack Smith approached McQueary with custody papers and an offer to pay $1,000 if he'd sign them.

Tammi Smith, who said she thought God had sent her a baby, was later sentenced to 30 days in jail, after a jury found her guilty of forgery and conspiracy to commit custodial interference.

Muddling the already sensational case further, McQueary got into legal trouble. He was charged with trafficking in stolen goods after he took a friend's Wii, fled, and then turned himself in to testify against Tammi Smith.

McQueary and Tammi Smith are older and have paid their debts to society. Johnson will be outside a cell for the first time in more than four years when she turns 28 later this month. She's not expected to give a statement, a sign Victor says is of a more thoughful and less rash woman.

"The earlier Elizabeth would have stepped out of prison and said stuff," he said. That, he said, is what she did when she texted McQueary. "She freaked out. She was just lashing out at him," Victor said.

The woman he describes as more mature believes Gabriel is with "a very good family." Johnson would like to see her son, Victor said, but recognizes that it may not be in his best interests and wouldn't know where to look anyway.

But to the outside world, baby Gabriel is still missing, forgotten, and maybe dead.

http://www.azcentral.com/story/news/local/tempe/2014/07/10/baby-gabriel-case-elizabeth-johnson-released-prison/12506899/

Elizabeth Johnson, Mother Of Missing Baby Gabriel Johnson, Released From Prison

The Huffington Post    | By David Lohr
Posted:  07/11/2014 11:36 am EDT    Updated:  07/11/2014 11:59 am EDT

Elizabeth Johnson at a March 17, 2010 hearing in Maricopa County Superior Court in Phoenix. (AP Photo/Ross D. Franklin, Pool, File)

Elizabeth Johnson, an Arizona woman convicted in the Christmastime 2009 disappearance of her son, Gabriel Johnson, has been freed from prison.

Johnson, who has served roughly 5 years behind bars, was released from Perryville state prison just after midnight Friday, authorities said. She now faces four years' probation.

According to KNXV-TV, Johnson's attorney said she is looking forward to rejoining society and has plans to help single mothers in need. The attorney did not elaborate on those plans, the news station reported.

Gabriel was last seen on Dec. 26, 2009, according to police. Johnson, who was then 27 years old, and the baby's 25-year-old father, Logan McQueary, shared joint custody of the 8-month-old child.

On Dec. 27, 2009, the day McQueary was supposed to pick up his son for a scheduled visitation, he received an ominous text message, apparently from Johnson, telling him their baby was dead.

"You will never see Gabriel again," the text read. "I made sure of that. And you can spend the rest of your pathetic life wondering about him. You will never find me. I'm already boarding a plane out of the country. When I'm safe, I'll email you the exact location of dead Gabriel's little blue body, if the garbage don't come first. This is what liars like you deserve."

Later that same day, police said, Johnson called McQueary to say that she had suffocated Gabriel and dumped his body in a trash can.

"I suffocated him. I suffocated him, and he turned blue, and I put him in his diaper bag and put him in the trash can," a woman identified by investigators as Johnson said in the audiotape they released.

According to police, Johnson told McQueary that she had killed their child out of revenge because she believed McQueary was involved with other women. "You want to talk to girls -- that's the price you pay," Johnson told her former boyfriend, according to police.

Johnson also claimed he had destroyed her life, according to the audiotape. McQueary responded, "I haven't destroyed anything." Johnson replied, "Yes, you have, Logan. You made me kill my baby boy ... So find some new girl to make your new baby."

The text message and phone recording prompted a massive search of local landfills by police, but they were unable to find the child.

Johnson was arrested by police in Miami on Dec. 30, 2009, and charged with kidnapping and custodial interference.

In the days following her arrest, Johnson changed her story, telling police she had given Gabriel away to strangers in San Antonio, where her car was later found. But she never provided the couple's names. Witnesses have placed Johnson and the baby in the San Antonio area between Dec. 20 and 27, although she was alone when she turned up in Florida on Dec. 27, 2009.

In October 2012, a jury convicted Johnson of custodial interference and conspiracy to commit custodial interference. Jurors were unable to reach a verdict on the kidnapping charge and instead found Johnson guilty of a lesser count of unlawful imprisonment.

http://www.huffingtonpost.com/2014/07/11/gabriel-johnson-missing_n_5577870.html