Gabriel Johnson #4 2/16/10 - 2/20/11

[Northern Rose]

Key figure in Baby Gabriel case due in court (woth video)

PHOENIX -- One of the key figures in the case of Gabriel Johnson, the Tempe baby who has not been seen since the day after Christmas, was due in Superior Court for a hearing Monday.

Tammi Smith is the woman who claimed she was in the process of adopting Gabriel before he disappeared.

Tempe police said Smith was not forthcoming with information during their investigation. Detectives also said Smith provided false information on paternity documents, listing her cousin as Gabriel's father. Smith was charged with custodial interference, conspiracy to commit to custodial interference and forgery. She pleaded not guilty to those charges back in February.

Gabriel, who was 8 months old when he vanished, has not been seen since Dec. 26, when his mother, Elizabeth Johnson, took him and left the state during a custody battle.

Johnson first told the baby's father, Logan McQueary, that she killed the child. She later changed her story, saying she gave the baby to a couple in San Antonio, Texas. She claims that she does not know their names.

While the baby's body has not been found, San Antonio police made the procedural move of declaring the case a homicide and kidnapping. Officers in San Antonio spent quite some time searching a landfill for any sign of the baby. The landfill handles the garbage of the San Antonio hotel where Gabriel was last seen with Johnson.

Last week, Johnson, who has refused to cooperate with police, was found competent to stand trial.

http://www.azfamily.com/news/local/Key-figure-in-Baby-Gabriel-case-due-in-court-100783154.html

[Northern Rose]

On Tammi's FB there is a post:

"Congrats on the new bundle of joy! "

        

[Missiontoconvict]

Attorneys dispute report that missing baby’s mom is competent for trial
Updated: 4:38 pm, Fri Aug 13, 2010.

Elizabeth Johnson, the incarcerated mother of missing baby Gabriel Johnson, was deemed competent to stand trial and her mental restoration process complete, according to information from the court, but a Maricopa County Superior Court commissioner on Thursday granted her attorneys an evidentiary hearing to contest the findings in the report.

The report, conducted by two court-appointed doctors, was released to Johnson’s defense attorneys Thursday morning, just hours before the hearing, and specific details in it will not be discussed until a hearing on Sept. 23.

Johnson’s attorneys also will present discovery including new evidence involving the case before the court at that time, The findings in the report will be discussed during a competency hearing before commissioner Steve Holding on Sept. 27, so a ruling could be made on Johnson’s level of competency. Holding ruled in early June that the Tempe woman was incompetent to stand trial based on the findings in the report, including a psychological evaluation, but ruled that her level of competency could be restored through medication and counseling by therapists.

Johnson, who turned 24 last month, drove to San Antonio in mid-December with her son Gabriel, who was 5 months old at the time, in the midst of a custody battle with her estranged boyfriend and father of the baby, Logan McQueary. On Dec. 27, Johnson told McQueary she killed Gabriel and stuffed his body in a diaper bag and placed it in a Dumpster. At the time of her arrest in Miami Beach, Fla. on Dec. 30, Johnson also told the FBI that she gave Gabriel to a couple at a HomeGate Inn and Suites Motel where she was staying a day after meeting them at a park in San Antonio, according to Maricopa County Superior Court documents.

Johnson has continued to refuse to reveal Gabriel’s whereabouts. She is being held in Maricopa County’s Estrella Jail on a $1.1 million cash bond on charges of kidnapping, child abuse, custodial interference and conspiracy to commit custodial interference. She has been held in the jail since her extradition from San Antonio in early January, and restrictions remain on her privileges to receive visitors after she recently was disciplined a second time, according to her grandfather, Robert Johnson of Scottsdale, who was present at Thursday’s hearing.

Adam Feldman, who is one of Johnson’s attorneys, and fellow attorney Nick Alcock, said after Thursday’s hearing it’s common procedure for the judge or commissioner to allow defense attorneys to contest findings in a competency report, but would not comment on what they disagree with until they further read it.

“We still have a great deal of concerns about her mental health and level of competency in being able to assist us in her defense,” Feldman said. “We have issues with findings that were generated in the report.”

Feldman also said that Johnson is being seen by therapists in jail, and visits likely will continue. If a judge rules that Johnson again is incompetent to stand trial, other options could be considered, such as dismissing the case or institutionalizing her, Feldman said.

“Prosecutors likely would re-integrate another process to determine whether she is competent if that were to happen, but that’s too early to tell,” Feldman said.

Alcock, who did not attend the hearing on Thursday, told the Tribune he had not read the report and likely would not comment on its findings until next week.

Alcock also would not comment on what San Antonio police detectives discussed with Johnson and Maricopa County Sheriff’s Office deputies at the county jail in May when at least one detective from San Antonio flew to Phoenix to interview her, according to court records.

However, in June, the Maricopa County Superior Court ruled that San Antonio police and the MCSO had to provide Johnson’s attorneys with details of what was discussed.

Pending the final outcome of the competency hearing in September, a Maricopa County Superior Family Court judge could rule that Johnson is in contempt of court for refusing the answer the court’s questions of Gabriel’s whereabouts, his well-being and when she last saw the child.

Johnson’s grandfather has said he firmly believes that she gave Gabriel away.

Gabriel turned a year old in May.

http://www.eastvalleytribune.com/local/article_0d4f8464-a66a-11df-bbb7-001cc4c03286.html

It boggles the mind knowing that EJ may actually go free if this case gets dismissed.  Where is the Justice for Gabriel?  Who is fighting for him?  This case is so disturbing. 

[cookie]

 

[Sister]

I just don't understand, well I do, but it doesn't make sense as in common sense.
She won't tell, fine -- want to be crazy, we'll grant you that wish!  Forever locked up with no visitation, etc.  There it will be life without parole.  That is my dream for this POS.

[iluvmua]

The longer she goes without talking the more and more likely it is that Gabriel is dead.
If he's alive, she'll still be punished and if he's dead she'll still be punished, so why not tell what she did with him?

It does not matter because either way she's facing serious jail time.

I think she's really hoping that by not saying anything, the Judge will dismiss her case and/or send her to the looney bin.

I really do not think anyone has this precious child.  there have been no tips, no sightings no nothing after 12/26 2009.

[Belmom]

http://www.facebook.com/l.php?u=http%3A%2F%2Fwww.eastvalleytribune.com%2Flocal%2Ftempe%2Farticle_b4e011a2-acb5-11df-a5e8-001cc4c03286.html%3Fmode%3Dimage&h=c141b

[Sister]

The longer she goes without talking the more and more likely it is that Gabriel is dead.
If he's alive, she'll still be punished and if he's dead she'll still be punished, so why not tell what she did with him?

It does not matter because either way she's facing serious jail time.

I think she's really hoping that by not saying anything, the Judge will dismiss her case and/or send her to the looney bin.

I really do not think anyone has this precious child.  there have been no tips, no sightings no nothing after 12/26 2009.

I suppose I am praying that because little babies change so fast, maybe, just maybe, he is still alive.

[MuffyBee]

The longer she goes without talking the more and more likely it is that Gabriel is dead.
If he's alive, she'll still be punished and if he's dead she'll still be punished, so why not tell what she did with him?

It does not matter because either way she's facing serious jail time.

I think she's really hoping that by not saying anything, the Judge will dismiss her case and/or send her to the looney bin.

I really do not think anyone has this precious child.  there have been no tips, no sightings no nothing after 12/26 2009.

I suppose I am praying that because little babies change so fast, maybe, just maybe, he is still alive.

 

[Belmom]

 

On Tammi's FB there is a post:

"Congrats on the new bundle of joy! "

        

s

Yes there is a new baby girl at the Smith's house. Savanna Nicole Smith. She is also the granddaughter of Jack. Nicole Smith Blank is her Bio-mom.
TPS wants it kept quiet. But it is out. I could share more but it would be more rumor than fact... But I will tell you the baby part is true.
 I will try and post an email address for people who want to try and prevent a plea deal for TPS. My feeling if she can put Gabriel in Logan arms maybe make a deal.

[Belmom]

I cannot figure out how to delete the above post. #789. It is an error post. I was trying to post a single picture. It needs to be removed. In the help section it said to press the modify button. Then delete button. I can not find either. Help anyone.



Done.  MuffyBee

[MuffyBee]

I cannot figure out how to delete the above post. #789. It is an error post. I was trying to post a single picture. It needs to be removed. In the help section it said to press the modify button. Then delete button. I can not find either. Help anyone.

Hi Belmom    There isn't a delete/edit function available for poster's use anymore,  but admin or a mod can help you with that.   I'll delete post #789 for you.  MuffyBee

[Belmom]

Thank you, Thank you, Thank you! BFF

You are the bomb 

[MuffyBee]

Thank you, Thank you, Thank you! BFF

You are the bomb 

YW   

[Missiontoconvict]

I just don't understand, well I do, but it doesn't make sense as in common sense.
She won't tell, fine -- want to be crazy, we'll grant you that wish!  Forever locked up with no visitation, etc.  There it will be life without parole.  That is my dream for this POS.

I'm with you Sister. 

[Missiontoconvict]

http://www.facebook.com/l.php?u=http%3A%2F%2Fwww.eastvalleytribune.com%2Flocal%2Ftempe%2Farticle_b4e011a2-acb5-11df-a5e8-001cc4c03286.html%3Fmode%3Dimage&h=c141b

I really hope they throw the book at Tammi Smith and FTLOG I hope the proper authorities are watching over this baby situation.

[Northern Rose]

Lawyers for missing kids mom wont detail competency dispute

Its been more than a week since two court-appointed doctors released their findings in a report that determined the mother of missing Baby Gabriel Johnson is competent to stand trial, but her attorneys still do not want to comment on why they contend she is not.

However, the missing babys mother, Elizabeth Johnson, knows what shes doing and needs to start accepting responsibilities for her actions, according to her grandfather, Robert Johnson of Scottsdale.

Elizabeth Johnson, 24, of Tempe is being held in Maricopa Countys Estrella jail on a $1.1 million cash bond on charges of kidnapping, child abuse, custodial interference and conspiracy to commit custodial interference in connection with the disappearance of her son, who was 5 months old at the time he was last seen on Dec. 26, and now is 1 year and 3 months old.

In the midst of a custody battle with her estranged boyfriend and father of the baby, Logan McQueary of Gilbert, Johnson drove to San Antonio with her son in mid-December. On Dec. 27, Johnson told McQueary via text message and telephone call that she killed Gabriel, stuffed his body in a diaper bag and threw it in a trash container, according to court documents.

When she was arrested on Dec. 30 in Miami Beach, Fla., Johnson told authorities that she gave Gabriel to a couple in the parking lot of a motel she was staying at in San Antonio a day after meeting them in a park there.

Johnson has refused to tell authorities the whereabouts of Gabriel and has refused to answer a judges questions in Mariciopa County Superior Court family court about the childs whereabouts and well-being.

She could be found in contempt of court, pending the outcome of Maricopa County Superior Court commissioners decision on her level of competency expected to be ruled on Sept. 27.

In San Antonio, police claim they are continuing to investigate Gabriels disappearance as both a homicide and a missing persons case, but no photographs of Gabriel are listed on the police departments missing persons website.

Johnsons attorneys Nick Alcock and Adam Feldman said they have read the report about Johnson that includes her psychological evaluation, but have to discuss it further before they comment on it.

In a recent proceeding in the criminal case involving Gabriels disappearance, Johnson thought she was going to get out of jail, her grandfather said.

Elizabeths attorney had her convinced that the charges were going to be dropped because of some kind of procedural error on the prosecution so her grandmother paid the attorney $50,000 thinking the charges were going to get dropped, Johnson said after last weeks court hearing, referring to Elizabeths maternal grandmother, Sylvia Puckett.

Elizabeth was all happy, smiling and in good spirits, thinking she was going to get out of jail, but that didnt happen, he said. She went back to acting like her old self.

She needs to realize that if shes ever going to get out of jail, she needs to tell authorities what she did with that baby. She must like staying in jail.

Puckett could not be reached for comment.

For the second time this year, Johnson currently has restrictions placed on her jail visitation rights because of behavioral issues, but the Maricopa County Sheriffs Office refused to say why.

Tammi Peters Smith, 38, who was interested in adopting Gabriel, still is facing charges of forgery and conspiracy to commit custodial interference. Smith and her husband Jack Smith were interested in adopting Gabriel, but McQueary said he did not want to sign the paperwork to give up custody of his son.

During a recorded jailhouse phone call between Johnson and Tammi Smith early in the case, Smith told Johnson that she was going to sue her for ruining her life, but Johnson implicated Smith by telling her over the phone that she was the one who set the deal up for the couple to pick up Gabriel and was the one who knew them.

Smith has denied Johnsons claims that she brokered an adoption deal for Johnson, but Tempe police believed that the Smiths had a plan in place or were organizing a plan to get custody of Gabriel and possibly pick him up in Tennessee.

Smith is scheduled to appear in court with Johnson on Sept. 27.

I have no fear of the charges, Smith said. Elizabeth knows what she was saying is a lie, and she was doing it for a reason. I know I am completely innocent.


http://www.msnbc.msn.com/id/38799809/ns/local_news-phoenix_az/

[Nut44x4]

Baby still missing after 9 months
Published: Sept. 4, 2010 at 5:48 PM
PHOENIX, Sept. 4 (UPI) -- An Arizona man says he is losing hope his baby great-grandson will be found either alive or dead.

Gabriel Johnson has not been seen since Dec. 26. His mother, Elizabeth Johnson, 24, took him to a San Antonio hotel and later sent the boy's father an e-mail message saying she had smothered him, concealed the body in a diaper bag and put it in a dumpster.

Bob Johnson, 80, of Scottsdale, told The Arizona Republic that if Gabriel was still alive his mother would have revealed his whereabouts. Elizabeth Johnson has been held in the Maricopa County Jail since a judge found her legally competent, a finding her grandfather disputes.

"The sooner they find that baby, the sooner she gets out," her grandfather said.

After her arrest in Florida, Johnson denied killing Gabriel, saying she had given the boy to a San Antonio couple to adopt. Investigators say she has provided no details.

Logan McQueary, Gabriel's father, has been awarded custody. McQueary once shared a home in Tempe with Elizabeth Johnson.

Johnson said he urged his granddaughter to talk to private detectives who were also searching for Gabriel.

"She said, 'no way,'" he said. "When you look at it simply, no one wants to sit in jail. The odds of finding a body go down with each day that goes by."

http://www.upi.com/Top_News/US/2010/09/04/Baby-still-missing-after-9-months/UPI-89301283636936/

[Northern Rose]

Baby Gabriel's mom quiet about his whereabouts


As the Baby Gabriel case enters its ninth month, one constant has remained: His mother, Elizabeth Johnson, still refuses to say where he is.

Her stubbornness is so steadfast that even her grandfather, Bob Johnson, is beginning to have his doubts.


"The sooner they find that baby, the sooner she gets out (of jail)," Johnson, 80, of Scottsdale, said Wednesday. "She has not been cooperating with them in Gabriel, which is scary."

The disappearance of the chubby-cheeked, towheaded Gabriel captured the nation's attention when it was first reported in December.

Since then, Elizabeth Johnson, 24, of Tempe, has been arrested and is being held without bond in the Estrella Jail; a Scottsdale woman has been charged with conspiracy to commit custodial interference; and Logan McQueary, the boy's father, has been awarded full custody of Gabriel, who would now be 15 months old. McQueary has moved out of his Tempe home and has not spoken publicly for months about his son's disappearance.

Despite this, McQueary told his child-custody attorney over a month ago that he still has hope his son is alive.

"Last I talked to him, he absolutely believed it," Phoenix attorney Craig Mehrens said.

In August, two months after being declared incompetent and sent to a county treatment program, Johnson was found competent by a court-appointed doctor. Her attorney is fighting the determination.

She faces charges of kidnapping, child abuse, conspiracy to commit custodial interference and custodial interference.

Her grandfather called the doctor's finding of competence "a farce. She is bipolar. There is no cure for that."

At Estrella Jail, Johnson has been so disruptive that she was put on full restrictions Wednesday. The two-month punishment removes privileges, including visitors, recreation time or regular phone calls, said Jeffrey Sprong, a deputy sheriff with the Maricopa County Sheriff's Office.

"She is not complying with our rules," Sprong said.

Meanwhile, the baby at the heart of the case, Gabriel Johnson, is still missing, and authorities do not know where he is.

His remains were not found in a San Antonio landfill. Police there spent 16 days sifting through 4,260 tons of debris before ending their search in March.

Although the criminal investigation there is ongoing, there have been no developments recently, police Officer Matthew Porter said.

McQueary, 25, has not seen his son since an increasingly volatile Johnson told him to move out Dec. 8, according to records.

One day later, Johnson called him at work and told him to sign over rights to Gabriel to a couple who wanted to adopt him, according to records. McQueary refused.

He was approached by a couple who begged him to sign the paperwork. He again refused.

In mid-December, Johnson took off with the child, as McQueary had predicted in custody filings: "She will run with Gabriel Johnson and hide."

McQueary detailed Johnson's temper in custody documents. In July 2009, she became enraged when he came home late and she took a knife to his clothing, the couch and baby crib. She broke dishes and took a cooking pan and smashed the TV while the baby was in the Tempe apartment.

"When I would go to work, I would put the baby in his room and when I would get home five hours later, he would still be in the room (with) no changed diaper and crying," McQueary wrote.

Gabriel was last seen alive on Dec. 26, when Johnson checked into a San Antonio hotel. The next day, Johnson was seen getting on a bus without the baby.

It was at around this time that she e-mailed McQueary, saying she had smothered Gabriel, stuffed him in a baby bag and left him in a dumpster, according to documents.

She was next seen in Florida on Dec. 30, where she was arrested. She later recanted her story about killing her son, saying instead she had given him to a couple in San Antonio.

She has never provided any specific information about this supposed giveaway. Johnson refused to talk to two private investigators hired to look for Gabriel. Her grandfather tried to talk her into cooperating.

"She said, 'no way,' " Bob Johnson said. "When you look at it simply, no one wants to sit in jail. The odds of finding a body go down with each day that goes by."

Tammi Peters Smith, 38, of Scottsdale, wanted to adopt the baby and provided Johnson with contacts and adoption advice after Johnson fled in December, Tempe police said.

Smith is also accused of texting McQueary, trying to bully him into signing over his custodial rights. She lied on a custody document, listing her cousin as a potential father of Gabriel, police said.

Both Johnson and Smith have hearings in Maricopa County Superior Court this month. A hearing on the finding that Johnson is competent to stand trial is scheduled for Sept. 23 and 27.

A status conference for Smith, who has been out of jail since March on a $15,000 bond, is scheduled for Sept. 27.

http://www.azcentral.com/arizonarepublic/local/articles/2010/09/04/20100904arizona-baby-gabriel-missing.html

[trimmonthelake]

http://www.cayleedaily.com/
Baby Gabriel Johnson Update:Mystery Becomes Social-Networking Phenomenon
09/19/10