Gabriel defense attorney claims victory; mother to be sentenced Nov. 1
“There’s no question about the fact that this is a victory for the defense,” said defense attorney Marc Victor in a televised interview following the jury’s acquittal of Elizabeth Johnson on the most serious of the charges against her – kidnapping.
“It was really our only goal when we started the representation. The kidnapping charge itself was such a heavy charge. That was the one that subjected her to up to 24 years of flat time. Beating the kidnapping charges means, at the end of the day, she’s eligible for probation on everything else.”
The jury convicted Johnson of several lesser charges including unlawful imprisonment, custodial interference and conspiracy to commit custodial interference. Her sentencing is currently scheduled for November 1. She faces between two-nine years in prison, but Victor is asking the court for time served. Johnson has been in custody for almost three years.
Victor did not even contest the custodial interference charge, instead focusing all his efforts on the kidnapping charge. “It may be the ugliest custodial-interference case in the history of the Earth,” he told the jury during closing arguments, “but it is not kidnapping.” He did not call a single witness for the defense.
Johnson initially told Gabriel’s father, Logan McQueary, that she killed their son and threw his body in a dumpster. She later recanted her story and told authorities that she gave Gabriel to a couple she met in a park in San Antonio, however she did not have any information about the couple that could be used to identify them. Baby Gabriel’s body has yet to be found. He was eight-months-old when he disappeared in December 2009.
Ryan Kerns, Esq., Wild About Trial
Copyright 2012 Wild About Trial. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.