Baby Gabriel Case

Elizabeth Johnson to remain in jail until sentencing, maybe longer

A Judge ruled Thursday that the mother of missing Baby Gabriel will remain in jail until her December 7 sentencing and could face more jail time.

Elizabeth Johnson, 26, was convicted October 18 of unlawful imprisonment, custodial interference, and conspiracy to commit custodial interference, although she was acquitted of the more serious charge of kidnapping. Judge Joseph Kraemer said at a status hearing Thursday that the three felony convictions make Johnson ineligible for release on bond before her sentencing. She has already spent nearly three years in custody.

Johnson’s attorney Marc Victor argued against additional jail time, asserting that all three offenses are eligible for probation. Judge Kraemer, however, said this case “could be the worst case of custodial interference in the world” and stated that Johnson will likely face more jail time. He did however say his decision was not final and that evidence and witnesses could change his mind before sentencing.

Baby Gabriel Johnson was last seen in San Antonio, TX, in December 2009. In his mother’s nearly month long trial the prosecution attempted to show that Johnson was angry and wanted to “get back” at Gabriel’s father, Logan McQueary, after their recent breakup and that Johnson changed her story several times. She initially told McQueary, who had joint custody, in vivid detail that she killed their child, strangled him until his body turned blue, stuffed him into a diaper bag, and threw him in the trash. She later recanted that story to authorities, telling officers that she gave Gabriel away to a couple she met in a park in San Antonio, although she could not provide any details to help identify or locate the couple. In another version she gave Gabriel away to a San Antonio couple in her motel room.

Gabriel’s body has yet to be found. McQueary is scheduled to speak by telephone at Johnson’s sentencing.

Ryan Kerns, Esq., Wild About Trial

Source: AP

Copyright 2012 Associated Press. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.

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