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

[Missiontoconvict]

Baby Gabriel's mother found competent for trial (with video)


Both the defense and the prosecution now agree: The mother of missing baby Gabriel Johnson is competent to stand trial.

The issue had been a matter of debate. In June, Elizabeth Johnson, 24, of Tempe, was found to be incompetent to understand the proceedings and to assist in her defense.


In August, a court-appointed doctor determined that Johnson was competent to stand trial.

At the time, her attorneys fought that ruling, and an evidentiary hearing on Johnson's competency was scheduled for Thursday.

Instead of continuing to argue the ruling, Johnson's defense team agreed on Thursday to skip the hearing and sign a stipulation that Johnson is competent. Her next court date is Monday.

"Miss Johnson does understand the proceedings" and is capable of assisting in her defense, Maricopa Superior Court Commissioner Stephen Holding said. "Therefore, she is competent to stand trial."

What was missing from the brief hearing was the defendant. It was at least the third hearing she has refused transportation to court, said her grandfather, Bob Johnson, of Scottsdale.

"The first time she barricaded herself in her cell," he said.
Since Johnson is on full restrictions for poor behavior at the Maricopa County Estrella jail and cannot receive visitors, her grandfather attends the hearings for a glimpse of her.

"I miss her," he said. "I'm here to let her know that I am still involved and that I still care."

MORE,,,

http://www.azcentral.com/news/articles/2010/09/23/20100923baby-gabriel-elizabeth-johnson.html

This is good news!  And how is it that she can refuse to attend a hearing?  I really don't understand that?? 

[Missiontoconvict]

Well look who showed up to her court hearing! #ElizabethJohnson is in the courtroom for the first time in months.

http://twitter.com/elizabetherwin

It is about time.  I hope she has full understanding that she will ALWAYS attend her hearings unless the Judge says different.

[Missiontoconvict]

So EJ is actually in court
Enima woman in a no show
and I still have not found a station that is streaming court today.  I want to see EJ and Enima Woman eye each other down if Enima Woman shows up.

       

Thanks Northern - I am looking too.  I wish they had better coverage for Gabriel.  I would love to see that stare down.

[Missiontoconvict]

Elizabeth Johnson's case continued until October. Tammi Smith a no show..the only reason given "change of attorney." 11 minutes ago via Twitter for iPad

http://twitter.com/reporterjmiguel

Go figure.  And I thought she had some big buck, big guns attorney.  Hmmmm 

[seahorse]

http://www.abc15.com/dpp/news/region_phoenix_metro/central_phoenix/women-in-case-of-missing-ariz.-baby-to-be-in-court

 

Posted: 9:38 AM
Last Updated: 2 minutes ago


By: ABC15.com staff, wire reports
PHOENIX - The mother of an Arizona baby missing since December appeared in a Phoenix courtroom Monday morning.

Elizabeth Johnson attended the pretrial conference at 8:30 a.m. in Maricopa County Superior Court to go over future court dates and housekeeping items.

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 where the boy is or whether he's alive.

The baby's would-be adoptive mother Tammi Peters Smith was not at the hearing Monday in Maricopa County Superior Court after the judge waived her need to be there.

Smith, a north Scottsdale woman who wanted to adopt Gabriel, has pleaded not guilty to charges of felony forgery and conspiracy to commit custodial interference.

Police say she is not connected to the boy's disappearance.

Gabriel's father Logan McQueary and Johnson's grandfather also attended the pretrial conference.

Copyright 2010 Scripps Media, Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.


http://www.officialusa.com/stateguides/media/television/states/arizona.html

[seahorse]

Elizabeth Johnson's case continued until October. Tammi Smith a no show..the only reason given "change of attorney." 11 minutes ago via Twitter for iPad

http://twitter.com/reporterjmiguel

Go figure.  And I thought she had some big buck, big guns attorney.  Hmmmm 

Very interesting. 

[Northern Rose]

Amy Nguyen, attorney for Tammi Peters Smith asked for a delay in the trial setting due to a possible change in attorneys.
7 minutes ago via web

 The next courtdate for Tammi Peters Smith and Elizabeth Johnson is 10/25/2010 at 8:30 before Judge Paul McMurdie. Smith was not in crt today
17 minutes ago via web

http://twitter.com/courtpio

[seahorse]

Amy Nguyen, attorney for Tammi Peters Smith asked for a delay in the trial setting due to a possible change in attorneys.
7 minutes ago via web

 The next courtdate for Tammi Peters Smith and Elizabeth Johnson is 10/25/2010 at 8:30 before Judge Paul McMurdie. Smith was not in crt today
17 minutes ago via web

http://twitter.com/courtpio

NoRose

Did this BS happen before with T?

Do you remember her delaying, a Hearing at one time, with this Switch-a-roo Attn., Gimmick? 

[Northern Rose]

Amy Nguyen, attorney for Tammi Peters Smith asked for a delay in the trial setting due to a possible change in attorneys.
7 minutes ago via web

 The next courtdate for Tammi Peters Smith and Elizabeth Johnson is 10/25/2010 at 8:30 before Judge Paul McMurdie. Smith was not in crt today
17 minutes ago via web

http://twitter.com/courtpio

NoRose

Did this BS happen before with T?

Do you remember her delaying, a Hearing at one time, with this Switch-a-roo Attn., Gimmick? 

I do remember her delaying before because of a lawyer excuse and then the new lawyer came along.

[seahorse]

Amy Nguyen, attorney for Tammi Peters Smith asked for a delay in the trial setting due to a possible change in attorneys.
7 minutes ago via web

 The next courtdate for Tammi Peters Smith and Elizabeth Johnson is 10/25/2010 at 8:30 before Judge Paul McMurdie. Smith was not in crt today
17 minutes ago via web

http://twitter.com/courtpio

NoRose

Did this BS happen before with T?

Do you remember her delaying, a Hearing at one time, with this Switch-a-roo Attn., Gimmick? 

I do remember her delaying before because of a lawyer excuse and then the new lawyer came along.

Yes!  Thank-you!!!  We remember slick T.  She certainly has the right vocation.   

[Northern Rose]

Trial Delayed in Baby Gabriel Case

Elizabeth Johnson, the mother of missing baby Gabriel Johnson, was in court again this morning for a pre-trial conference, at which the judge in the case delayed setting a date for trial.

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

Police still don't know if the baby is even alive and Johnson's been no help in finding him.


MORE...

http://blogs.phoenixnewtimes.com/valleyfever/2010/09/trial_delayed_in_baby_gabriel.php

[Northern Rose]

Judge delays trial date in missing Ariz. baby case

PHOENIX — A Phoenix judge has delayed setting the trial date for the mother of an Arizona baby missing since December and the boy's would-be adoptive mother.

Maricopa County Superior Court Judge Paul McMurdie said Monday he'll decide the trial date during a hearing Oct. 25.

Elizabeth Johnson, 24, the boy's mother, was in court, chatting with a nearby inmate and her attorneys. She did not speak during the hearing.

After the hearing, her grandfather said Elizabeth appeared very tired and a bit stoic. "It's wearing down on her," Bob Johnson said.

Elizabeth 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.

Investigators said Johnson drove the boy to San Antonio from Tempe in late December, stayed about a week, then took a bus to Florida without him. She was arrested Dec. 30 in Florida.

Police said Johnson told the boy's father that she killed Gabriel and put his body in a trash bin. She later told authorities and members of the media that she gave the boy away to a San Antonio couple.

Tammi Peters Smith, a north Scottsdale woman who wanted to adopt Gabriel from Johnson, also is charged in the case, although police said she was not connected to the boy's disappearance. Smith, who did not attend Monday's hearing, has pleaded not guilty to charges of felony forgery and conspiracy to commit custodial interference.

http://www.chron.com/disp/story.mpl/ap/tx/7220118.html

[Northern Rose]

Missing Arizona baby Gabriel: Trial date delayed (with video)


A judge delayed setting the trial date in the criminal case against Elizabeth Johnson, the mother of Baby Gabriel, and Tammi Smith, the woman who wanted to adopt him.

Meanwhile, Johnson's attorney, Nick Alcock of the Phoenix firm Alcock and Associates, said outside court that a plea bargain is not out of the question.


"If a favorable plea offer is extended we will consider it," said Alcock, whose client was ruled competent to stand trial last week.

Smith waived her appearance at the Monday status conference in Maricopa County Superior Court, at which Judge Paul McMurdie postponed setting a trial date until Oct. 25, over the state's objection.

The Baby Gabriel case has captured the attention of the nation and Internet users since the chubby-cheeked, towheaded child vanished Dec. 26 in San Antonio, where his mother had taken him.

Johnson, 24, of Tempe, first said she smothered the baby, but later said she gave him to a couple in a San Antonio park.

Johnson appeared in court for the first time in at least four hearings Monday, and that made her grandfather's day.

"The only reason I came down here was to see Elizabeth," said Bob Johnson of Scottsdale. Johnson has refused transport for at least three other hearings, once barricading herself in her cell. She is on full restrictions for poor behavior at Estrella jail, which means she can't receive visitors.

Monday, wearing striped jail pajamas and her long-dark blonde hair pulled back, she sat quietly with her handcuffed hands folded in her lap.

"I can't say anything," she said in a soft voice, when asked if she wanted to comment.

Johnson said his grand daughter "looked very tired and stoic. It's wearing down on her."

Logan McQueary, 25, Baby Gabriel's father, was also in attendance Monday, wearing a suit and flanked by his parents. He declined comment, but asked to submit a letter to the court in response to a defense motion to modify Johnson's release conditions, which likely means she is seeking a lower bond.

Johnson is currently held without bond on charges of kidnapping, child abuse, conspiracy to commit custodial interference and custodial interference.

Attorneys last month said they were working on a plea deal Smith's probation-eligible charges of custodial interference and forgery. Smith, 38, of Scottsdale, is out on $15,000 bond.

http://www.azcentral.com/news/articles/2010/09/27/20100927arizona-missing-baby-gabriel-trial-date-delayed27-ON.html

[Northern Rose]

Judge delays trial date in missing baby case

A Maricopa County Superior Court judge delayed setting a trial date for the Tempe mother of a missing boy and the woman wanted to adopt him.

Maricopa County Superior Court Judge Paul McMurdie on Monday scheduled a hearing for Oct. 25 to set a trial date for Elizabeth Johnson and Tammi Peters Smith, who have been at the center of a story that has received national attention involving Gabriel Johnson, who was 8 months old when he was last seen Dec. 26 in San Antonio.

On Friday, Maricopa County Superior Court Commissioner Steve Holding upheld the determination of two court-appointed doctors that Johnson’s mental state has been restored and she is competent to stand trial. Johnson, 24, had been deemed incompetent and unable to assist her attorneys with her defense in June, but two court-appointed doctors then deemed her mental state restorable with medication and counseling.

Johnson, who appeared in court on Monday looking tired and sometimes glancing at her grandfather, Robert Johnson, is being held in Maricopa County’s Estrella jail on a $1.1 million cash bond. She has pleaded not guilty to charges of kidnapping, child abuse, and custodial interference.

In the midst of a custody battle with her estranged boyfriend and father of Gabriel, Logan McQueary of Gilbert, Johnson left for San Antonio with the baby in mid-December. She has both said she killed Gabriel, stuffed his body in a diaper bag and threw it in a trash bin. She also told authorities she gave the boy to a couple at a motel in San Antonio a day after meeting them in a park there.

Police say they don’t know where the boy is or whether he’s alive, and Johnson has refused to cooperate with their investigation. The case still is being investigated as both a homicide and a missing persons case in San Antonio, but detectives there have said they would not press any homicide-related charges until a body is found.

Smith, 38, of Scottsdale, has pleaded not guilty to charges of felony forgery and conspiracy to commit custodial interference. She did not appear in court on Monday and is free on a $15,000 bond.

Robert Johnson, who on Monday saw his granddaughter for the first time in two months, said after the hearing that his granddaughter looked “very tired and stoic.”

“It’s wearing down on her,” Johnson said. “It would be in her best interests to say what she did with the baby. It’s not complicated — help them find Gabriel and get out of here.”

But he said he believes Gabriel is still alive based on what everyone he has heard from those close to the case.

Johnson’s attorneys, Nicholas Alcock and Adam Feldman, said Monday that they supported the extra time before a trial date is set so they could consider a plea deal, if one is offered.

McQueary, who was in court with his father and other family members on Monday, said he wanted a trial date to be set on Monday, but plans to write a letter to the judge protesting a motion made by Johnson’s attorneys seeking a bond modification for her to get it lowered. He said the ordeal has caused grief to him and his whole family.

“Right now, it’s pretty much a waiting game,” McQueary said. “I don’t think Elizabeth is incapable of understanding what is going on, I just think she chooses not participate in any of this. I still believe Gabriel is out there, it’s just a matter of getting a good lead and tracking him down.

“I don’t support her bond being lowered at all,” he added. “I don’t think it would be fair for Elizabeth to get out and go off and live her life while we’re still looking for Gabriel. I think she’s a flight risk, and I think she could take off and we’d be looking for both her and Gabriel. She’s a key person in all of this — she’s the only one who knows what’s happened.”

http://www.eastvalleytribune.com/local/cop_shop/article_df2f9fde-ca3a-11df-bc14-001cc4c03286.html#user-comment-area

[Northern Rose]

PHOENIX - A Phoenix judge has delayed setting the trial date for Elizabeth Johnson, the mother of an Arizona baby missing since December, and Tammi Smith, the boy's would-be adoptive mother.

Maricopa County Superior Court Judge Paul McMurdie said Monday he'll decide the trial date during a hearing Oct. 25.

Elizabeth Johnson, 24, was in court, chatting with a nearby inmate and her attorneys. She did not speak during the hearing.

After the hearing, her grandfather said Elizabeth appeared sad, very tired and a bit stoic. "It's wearing down on her," Bob Johnson said.

"Her rhetorical answer is 'I don't know where the baby is. I'm in jail.' That's true, however you might be able to direct or point."

Elizabeth 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.

Investigators said Johnson drove the boy to San Antonio from Tempe in late December, stayed about a week, then took a bus to Florida without him. She was arrested Dec. 30 in Florida.

Police said Johnson told the boy's father that she killed Gabriel and put his body in a trash bin. She later told authorities and members of the media that she gave the boy away to a San Antonio couple.

"What I told her in the beginning was real simple. The quicker you help them assist in finding baby Gabriel, the quicker you get out of here," said Johnson. "Baby Gabriel is alive and well somewhere. I just wish he was back in the family."

Tammi Peters Smith, a north Scottsdale woman who wanted to adopt Gabriel from Johnson, also is charged in the case, although police said she was not connected to the boy's disappearance.

Smith, who did not attend Monday's hearing has pleaded not guilty to charges of felony forgery and conspiracy to commit custodial interference.

[Northern Rose]

Link for the last article which also has a video of grandpa Bob

http://www.myfoxphoenix.com/dpp/news/local/phoenix/missing-baby-gjohnson-case-trial-delay-apx-09272010

[Babybear]

Good morning Monks---I don't believe the police are correct when they say that Tammi Smith had nothing to do with Gabriel's disappearance.  I think EJ was telling the truth when she accused Tammi of arranging for Gabriel to be adopted by a couple who came to San Antonio for that purpose. 

I recall that when Tammi was released from jail and she and her husband were walking out she started saying, "My attorney will chew these cops up and spit them out," and things like that.  Most attorneys don't like their clients badmouthing the cops because they have working relationships with them in many cases.  I think the first lawyer quit because of Tammi's big mouth. 

I can't imagine Tammi being allowed to adopt another child.  Her arrest record alone should prevent that, but since the baby is Jack's grandchild as is her other child, maybe the rules are different.  But does Jack's daughter just breed babies for Tammi?  IMO Tammi is not a normal person and shouldn't be allowed anywhere near a child. She would probably grab it and give it an enema--which, also IMO, is a quack procedure not even recognized as a medical procedure in many states, including mine.

Gabriel is/was such a beautiful child.  I hope that if he is alive the people who have him love and nurture him despite the illegal way they received him. Also, IMO, the expensive ruby ring which was found in EJ's pocket when she was arrested was payment from the unknown couple.  EJ never in her life had the money to buy it, nor did she know anyone else sho did.

[Terri]

I am asking this question out of total ignorance.

When KC Anthony was first arrested, everyone thought she would go crazy giving up her clothes, men and wild life.  She was loosing the best years of her life.  When Elizabeth was arrested everyone thought she would give up for the same reason.  How is it that both women just adjust?  Admittedly KC better than Elizabeth.

Since there is no evidence to prove murder, wouldn't Elizabeth be out of jail sooner, or even time served, if she just said, there was an accident, the baby died, she as a young, pitiful mother ,panicked and hid his body? 

Do not start throwing bananas at me.....I believe she should be tortured to tell the truth ( I honestly do in cases involving missing people ). I am just wondering how their minds work.

Terri

[iluvmua]

I am asking this question out of total ignorance.

When KC Anthony was first arrested, everyone thought she would go crazy giving up her clothes, men and wild life.  She was loosing the best years of her life.  When Elizabeth was arrested everyone thought she would give up for the same reason.  How is it that both women just adjust?  Admittedly KC better than Elizabeth.

Since there is no evidence to prove murder, wouldn't Elizabeth be out of jail sooner, or even time served, if she just said, there was an accident, the baby died, she as a young, pitiful mother ,panicked and hid his body? 

Do not start throwing bananas at me.....I believe she should be tortured to tell the truth ( I honestly do in cases involving missing people ). I am just wondering how their minds work.

Terri

You would think that by saying those things, EJ would be getting out of jail, but she says NOTHING...... That to me speaks volumes....... and it only points me in one direction.

Eventually, she WILL have to talk.

I'm being realistic that little Gabe is probably no longer alive, as sad as it is....... I think we all have to be realistic.  I don't believe the "couple" exist either. She's not even helping with that aspect...... I believe she's trying to play hardball with the cops and by her not saying anything. I'm thinking she's hoping that charges will be dropped.

After December 26 No sightings of Gabriel or of the "couple" or the vehicle they drive, no witnesses coming forward saying " I saw them here here and here" etc. or " I saw a couple at the park that day with a baby". etc.

EJ is trying to save her own butt from being charged with murder. (IMO)

I really wish this child was still alive but my realistic side is telling me he's not.  Head says yes, he's alive and heart says he's not.

[Northern Rose]

Defendant in Baby Gabriel case gets court-appointed attorney


Tammi Smith, 38, charged in the case of missing Baby Gabriel, will receive a court-appointed attorney.

Monday, Maricopa County Superior Court Judge Paul McMurdie allowed Smith's previous lawyer, Amy Nguyen, who recently left the office of Kimerer and Derrick of Phoenix, to withdraw from the case.


McMurdie ordered the Office of Public Defense Services to appoint new counsel.

Smith has a company, according to published reports, called the Healing Waters Health and Wellness Clinic. Tammi's husband Jack Smith, 56, was once a big name in southern gospel music, according to reports, which said he was a regular on the Grand Ole Opry produced soundtracks for PraiseHymn Soundtracks. and reproduced soundtracks for The Tape Factory.

The Smiths have one adopted daughter, Jack said recently. He said she is the child of a daughter from his first marriage. He also confirmed that he and Tammi are raising a second child from the same daughter.

The Smiths wanted to adopt Baby Gabriel, who lived with them for a week after Johnson fled from her Tempe home with him in mid December. His father, Logan McQueary, 25, has never seen him since.

Johnson fled Arizona with Gabriel after McQueary refused to sign over custodial rights to his son, for whom he has since won full custody.

Johnson went to San Antonio, the last place the baby was seen alive.

First, Johnson told McQueary she had smothered the baby and put him a dumpster. Then she recanted, saying she gave him to a couple in a San Antonio park.

Elizabeth Johnson, Gabriel's mother, recently submitted a request to change her lawyers, Nicholas Alcock and Associates of Phoenix. She provided a list of reasons, including that she was unable to reach him personally but was referred to an associate. She also said he spoke to a member of her family without her permission.

In the handwritten letter from jail, Johnson asked to have her former public defenders re-appointed.

She then filed a motion to withdraw this request, and last Friday, McMurdie approved it.

Johnson is charged with kidnapping, child abuse, custodial interference and conspiracy to commit custodial interference.

Smith is charged with forgery and custodial interference. She has been out on $15,000 bond since March. Both women have an Oct. 25 court date


http://www.azcentral.com/news/articles/2010/10/06/20101006tempe-baby-gabriel-tammi-smith1006.html