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Trial in missing 'Baby Gabriel' case still months away

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Trial in missing 'Baby Gabriel' case still months away

Posted: Friday, February 24, 2012 3:27 pm

By Mike Sakal, Tribune

In another court maneuver and attempt to keep Elizabeth Johnson in check, a clinical liaison has been appointed to make sure the mother of missing “Baby Gabriel” stays on her medication so she remains competent to stand trial.

Yet, the beginning of that trial, which was supposed to start early last month, remains at least seven months away.

Johnson, who has been charged with kidnapping, child abuse, and custodial interference, is scheduled now to go to trial in September. Since her arrest in 2009, Johnson has remained incarcerated in a Maricopa County jail on a $1.1 million cash bond. In a case that has received national attention, Johnson has both said she killed her son and gave him to a couple she didn’t know in San Antonio.

The trial will provide Johnson, 25, the second time to answer questions as to what she did with Gabriel, who was 8 months old when she took him to San Antonio in late December 2009 while in the midst of a custody battle with Logan McQueary of Gilbert, Johnson’s estranged boyfriend and the father of the boy.

During a hearing in Maricopa County Family Court in 2010, Johnson did not answer questions the judge asked her as to what she did with her son and his whereabouts and state of well being. Instead, she invoked her 5th Amendment right not to answer.

The clinical liaison will monitor Johnson’s regimen of taking medication she is required to take as part of her competency stipulation, according to court records. Last September, Johnson was ruled incompetent to stand trial for the second time throughout the course of court proceedings, but in December, a psychiatrist ruled that she was fit to stand trial after she was mentally restored through counseling and medication. Johnson is believed to suffer from a bipolar condition, causing mood swings and inconsistency in her behavior, according to police reports and Johnson’s family members.

Tammi Smith, 39, of Scottsdale, the woman who was interested in adopting Gabriel and was charged with forgery, custodial interference and conspiracy to commit custodial interference in connection to the case, will be tried at the same time as Johnson. However, authorities have said that Smith is not connected to Gabriel’s disappearance.

If convicted of the charges, Johnson can face anywhere from nine months in jail to 20 years in prison.

Contact writer: (480) 898-6533 or msakal@evtrib.com


Missing baby Gabriel's mom wants charges dropped

I have been amazed that Elizabeth Johnson has been jailed for several years despite the fact that there is no evidence that a crime has been committed.

Yes her son is missing under suspicious circumstances. But you shouldn't be arrested and forced to prove you innocence anytime you happen to be involved in suspicious circumstances.

Even worse is that if a crime did occur there is a good chance the crime occurred in Texas, not Arizona. But I guess the Arizona prosecutor wants to carve another conviction notch on his gun, regardless of if Elizabeth Johnson is innocent or not.

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Missing baby Gabriel's mom wants charges dropped

Posted: Tuesday, July 3, 2012 2:03 pm | Updated: 3:44 pm, Tue Jul 3, 2012.

Associated Press

The mother of an Arizona baby missing for more than two years wants a felony child abuse charge against her dropped before her trial begins in September.

Elizabeth Johnson appeared in a downtown Phoenix court on Tuesday, shackled at the wrists and ankles and wearing a black-and-white jail uniform, her long brown hair pulled back in a ponytail.

The 25-year-old's attorney, Marc Victor, is seeking to get a child abuse charge against her dismissed, saying that there's no proof of child abuse, and even if Johnson's son, baby Gabriel, was abused, it would have happened in Texas. The boy was 8 months old when he disappeared in December 2009, and he was last seen in San Antonio.

The trial is set to begin Sept. 4 with jury selection that could take up to a week or longer because of the high-profile nature of the case.

Johnson has pleaded not guilty to child abuse, kidnapping, custodial interference and attempted custodial interference stemming from the disappearance of Gabriel.

Johnson told the boy's father, Logan McQueary, that she killed Gabriel and dumped him in a trash bin in the central Texas city. She later recanted and told police that she gave the baby to a couple at a park in San Antonio, but never provided names.

Gabriel has never been found and police still do not know whether he is alive. Police unsuccessfully search a landfill for his body.

On Tuesday, Victor called Johnson's statements about killing the boy "off-handed" and said she has more consistently maintained that she gave the boy to a couple she didn't know.

Investigators said that Johnson drove the boy to San Antonio from Tempe, Ariz., 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 had been fighting with McQueary about whether to give the boy up for adoption. Johnson had signed over temporary guardianship to Tammi and Jack Smith of Scottsdale for about 10 days before she picked him up and left Arizona.

McQueary called police after he found Johnson's Tempe trailer empty. He is not suspected in the baby's disappearance.

Tammi Smith was convicted last month of forgery and conspiracy to commit custodial interference and faces between one and seven and a half years in prison when she is sentenced on Friday.

Authorities say that Smith forged her cousin's name on a document challenging whether McQueary was Gabriel's father, and conspired with Johnson to deprive McQueary of his paternal rights.

Johnson is not expected to attend her next court date, set for July 17. Maricopa County Superior Court Judge Joseph Kreamer wants San Antonio police to attend the hearing and agree to provide attorneys on both sides with reports from their investigation.

If the department declines, Victor said he plans on seeking an order compelling them to turn over the records. A potential fight could lead to a delay in the trial.

"No one here in Arizona has ever received those reports," he said. "That could turn into an interesting issue. I don't know if they're going to cough it up."


Some prior articles on Baby Gabriel and Elizabeth Johnson. I have some major problems with this case because there isn't any evidence that a crime has been committed other then conflicting statements made by Elizabeth Johnson.

Also I don't like the government doping up people in an effort to make them "sane" so they can be put on trial then railroaded into prison.

And of course last but not least is that Elizabeth Johnson certainly has not given a speedy trial. She has been jailed since 2009 and currently it is 2012 and she has not been put on trial yet. By my definition she certainly has not received the constitutionally required speedy trail.

And of course here are some more articles on "Baby Gabriel" and "Elizabeth Johnson".

Sadly in these articles we find out that "Elizabeth Johnson" was found guilty for a number of these crimes, which I don't think there is any evidence to support the conviction.

 

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