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Tammi Smith and Elizabeth Johnson scheduled to go to trial Aug 9 to face criminal charges in the case of the missing Gabriel Johnson/ / Johnson said she killed her son Gabriel/ Audio of Elizabeth's call to Logan just released 12/14/10

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 Tammi Smith and Elizabeth Johnson scheduled to go to trial Aug 9 to face criminal charges in the case of the missing Gabriel Johnson/ / Johnson said she killed her son Gabriel/ Audio of Elizabeth's call to Logan just released 12/14/10 - Page 20 Empty Re: Tammi Smith and Elizabeth Johnson scheduled to go to trial Aug 9 to face criminal charges in the case of the missing Gabriel Johnson/ / Johnson said she killed her son Gabriel/ Audio of Elizabeth's call to Logan just released 12/14/10

Post by Guest Tue Apr 13, 2010 10:26 am

lalotobo wrote:I was watching a show on discovery or NatGeo... something like that on prisons. And they were showing how those loaves are made, they look like meat loaf.(maybe made differently in each prison, but from the sounds of it... Arpaio isn't the only one that uses this method of control). They are packed with nutrients and veggies and vitamins! The cook that made it even ate it and said "I think it's good... it's just the reputation that the prisoners don't like." Maybe it's just lacking some flavor, but I wouldn't classify it as cruel and unusual punishment.

Cruel and unusual punishment is filling your child with drugs and giving him away to strangers! I certainly don't feel sorry for her because she's not being given a turkey sandwich. I'm sorry if that sounds harsh to some, but maybe if she would take responsibility for her actions & confess, then she wouldn't have to eat the loaf and would be transferred to better quarters.

I agree

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Post by cherylz Tue Apr 13, 2010 10:53 am

See, I don't find it cruel and unusual punishment. "You play...you pay". I guess I am just not very sympathetic. When in prison doing time, one should be stripped of their rights. In my mind that means good, home style cooking. They seem to obsess about food when doing time...ie...the Misty clan. Food gives comfort. As long as they are getting sufficient calories and nutrients... :fight13:
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Post by artgal16 Tue Apr 13, 2010 11:07 am

We know Elizabeth Johnson is guilty of something but we dont know what it is. There are a lot of people that probably are in jail who are innocent after they have been convicted and many who are accused and cannot make bail and are innocent and waiting for trial as well. She hasnt been tried yet and she is not a sympathetic person - and personally I believed that she killed her child at first but after reading what a PI had to say, its possible she gave him up. I dont believe in this Sheriff's methods at all. Bread and water, sounds like something a person would get in a third world country. Treating her humanely isnt coddling her. She is in jail after all and she may be there for a long time. Living in a box the size of a bathroom isnt my idea of a good time. If she goes to prison the treatment there will be a lot worse and it wont be coming from the authorities - it will be coming from the other inmates. I think that she will be punished plenty, I just believe that there needs to be other ways to deal with transgressions -and I have no idea what those are either. Im no authority but denying food to anyone makes me uncomfortable and I dont believe those loaves which probably do have worms in them are food.
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Post by artgal16 Tue Apr 13, 2010 12:02 pm

Here is a little snippet from a column I found on Nutraloaf:
The ineluctable truth is that we are physical beings and our senses are portals to our hearts and minds. What we feel, see, hear, smell and taste has great bearing on our psyches which consequently affects our emotions and even biological processes. Have you ever been very hungry, waiting with increasing anticipation for your meal, and when the food finally arrives it tastes terrible? The gustatory repulsion tends to stifle your entire appetite. It can even color the way the entire dining experience is perceived. Offensive food can put a damper on a social occasion, thereby assuaging its positive attributes. "How was Mary's wedding?" "Oh it was very nice but the food was terrible." How many times have you heard similar conversations like that in your life?

This is why we wait with bated breath as our dinner guests take their first bite of the meal we've prepared. And how disappointed we are, (and in some insecure cases even insulted), if our food is not met with pleasure. On some level we're all cognizant of the power that food has over our reactions and perceptions which in turn influence our interpersonal world. But what is the nature of that power?

As stated, our senses are gateways to our hearts and minds. Reality must pass through them to reach and influence our inner world. The crux of the matter is this: noxious stimuli generate negative emotions. A loud noise, a putrid smell, a horrid scene, an unpleasant physical sensation, and, for the purposes of the present discussion, a repugnant taste, can all produce waves of uncomfortable feelings. Naturally the more offensive the stimuli, the stronger the emotion, the longer it lingers, and the more we must endure a disconcerting state of being. End

To me the above in many ways shows that rather than
help to change the prisoner's behavior it causes more anger - maybe kept under wraps -but everyone has a "breaking point". Is our object then to "break" the prisoners?
source:
http://www.foodreference.com/html/a-tongue-lash-0608.html
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Post by Guest Tue Apr 13, 2010 12:49 pm

artgal, i hope that if I ever wind up in prison for a crime I didn't commit that I have you on my side! Hopefully the recipe will make you feel a bit better. No worms! BUT not much flavor it looks like. I found this recipe (same one) on several websites.

Special Management Meal
Yield - Three Loaves

• 6 slices whole wheat bread, finely chopped
• 4 ounces imitation cheddar cheese, finely grated
• 4 ounces raw carrots, finely grated
• 12 ounces spinach, canned, drained
• 2 cups dried Great Northern Beans, soaked,
cooked and drained
• 4 tablespoons vegetable oil
• 6 ounces potato flakes, dehydrated
• 6 ounces tomato paste
• 8 ounces powdered skim milk
• 4 ounces raisins
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Post by artgal16 Tue Apr 13, 2010 12:53 pm

And then they bake it into a nice hard loaf you can slice! yummm. I would go on a hunger strike!
actually maybe I could use that for my diet which I never seem to stay on and am always "on one"
HA!
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Post by Wrapitup Tue Apr 13, 2010 1:29 pm

Missing Baby's Mom Goes on Hunger Strike
Read Elizabeth Johnson's will


Updated: Monday, 12 Apr 2010, 10:16 PM MDT
Published : Monday, 12 Apr 2010, 7:16 PM MDT

by JULIE
ROSE
PHOENIX - 23-year-old Elizabeth Johnson, the woman imprisoned for kidnapping her son Gabriel and refusing to tell police where he is, has gone on a hunger strike and written a will to prepare for her death.

Following the submission of her will, Johnson was placed in the jail's psychiatric unit for evaluation. Sheriff Joe fears that she may suicidal based on the way she talked about her death in her will.

About two weeks ago, jailers placed Johnson on the Sheriff's nutra-loaf system after she allegedly attacked two other inmates. Sheriff Joe says she sprayed two inmates with window cleaner.

The loaf consists of nonfat dry milk powder, an assortment of fruits and vegetables, chili powder, and bread dough all compacted into one solid brick-like loaf.

The nutra-loaf system aims to deter inmates from misbehaving or assaulting others. They are served the nutra-loaf in isolation, instead of a sack lunch in the morning and a hot meal in the evening.

The diet, sometimes called "bread and water," has raised controversy like many of the Sheriff's initiatives. Just last week, claims that the nutra-loaf was unconstitutional punishment were dismissed.

Johnson is apparently refusing to eat the nutra-loaf, saying it's "rotten food with worms in it," and has gone on a hunger strike. Sheriff Joe says the bread is perfectly healthy. Read Johnson's will below, transcribed from her own handwriting.

Gabriel Johnson was 8 months old when he went missing in December. Johnson told her ex-boyfriend Logan McQueary she killed Gabriel and left his body in a dumpster, but told police she gave the child to an unknown couple at a San Antonio park. A search of a San Antonio landfill proved fruitless.


My Advanced Directive & Will (dated 4/9/2010)

I am writing my advanced directive and will because I am incarcerated in Estrella jail and they are starving me and serving rotten food with worms in it. I haven't eaten in over 7 days and barely can write this. The water… makes us sick. I feel they will let me starve to death rather than feeding me safe, edible food. I don't want an autopsy, I do not wish to donate any organs/body parts. That is against my religion. I wish my grandmother be contacted [phone number] only. I wish to be cremated right away, put in a box not an urn and brought to mass to be buried above my mother's grave. I know my grandmother Sylvia [last name] will arrange this for me. White lilies for me is all. I don't think I'll have time to have my lawyer notarize this because I am starving and so weak and dehydrated so I will put a tank order in for a notary. I love you Marzzy. I am sorry be happy for us.
Sincerely, Elizabeth Johnson

http://www.myfoxphoenix.com/dpp/news/local/elizabeth-johnson-hunger-strike-4-12-2010
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Post by artgal16 Tue Apr 13, 2010 2:26 pm

Its kind of like what a teen would write - but what about that last sentence "be happy for us"
who is "us"?
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Post by Guest Tue Apr 13, 2010 3:57 pm

It's all about attention and games with that girl EJ! Nutraloaf isn't great but it isn't horrible--I have tried it at a LE training & information thing (my x husband is an officer). If it had worms in it, then I sure didn't notice and I'm pretty picky. Bottom line, EJ has a choice. If she wants regular meals instead of nutraloaf, then she stops acting out.
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Post by Wrapitup Tue Apr 13, 2010 4:15 pm

They will hook her stupid ass up to a feeding tube if she refuses to eat. They will not allow her to starve to death.
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Post by NiteSpinR Sat Apr 17, 2010 3:43 am

Hell No they're not going to let her die.
The whole thing is just more proof of her immaturity level. (I remember writing something like that in Elementary School when I found out my mom was cooking liver for supper!)
We just discussed the guy on death row that overdosed. They brought him back to life so they could carry out his execution a few days later!

poor me... poor me... crazy 1 It\\'s Not Fair
Who cares if the "LOAF" taste like crap?
You'll eat it solid or they'll puree it and feed it to ya through a TUBE :slap: Your Choice!
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Post by Wrapitup Mon Apr 26, 2010 8:55 pm

Baby Gabriel Mom Heads Back to Court Tomorrow
By James King, Monday, Apr. 26 2010 @ 5:06PM

​Elizabeth Johnson, the mother of missing baby Gabriel Johnson, will be in court again tomorrow for her latest pre-trial hearing in her kidnapping case, and we're waiting on pins and needles to see what sort of lunacy she brings to the courthouse this time.

Johnson is the last known person to see Gabriel Johnson alive back in December 2009 and has since found herself in the loony bin of a Maricopa County jail after a series of bizarre acts.

Aside from providing absolutely no help to law enforcement agencies trying to find her missing son, Johnson has refused to go to court, tried to fire her lawyer for no apparent reason, other than the woman was "telling [her] what to do;" wrote a last will and testament; started fights with her fellow MCSO inmates; and went on a hunger strike by refusing to eat Sheriff Joe's "loaf" -- which she claims is full of worms.

On second thought, we can't really hold refusing Joe's loaf against her. LOL

Johnson will meet with Judge Paul McMurdie, her lawyers, and prosecutor Angela Andrews at 8:30 a.m. Check back to Valley Fever tomorrow for updates on the Elizabeth Johnson circus.

http://blogs.phoenixnewtimes.com/valleyfever/2010/04/baby_gabriel_mom_heads_back_to.php
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Post by Nama Tue Apr 27, 2010 2:41 am

Elizabeth Johnson, the woman accused of kidnapping her 8-month-old non-custodial son back in December, is facing additional charges of assault.

Police say she assaulted two female inmates at the Maricopa County Jail, and surveillance video of the incident has been released.

Video from April 3 apparently shows Elizabeth Johnson grab a bottle of cleaning solution and spray another inmate in the face.

The tape shows Johnson then walk towards a second inmate and again spray her with cleaning fluid.

Johnson has been in jail since January, charged with kidnapping. But she refuses to make statements regarding Gabriel's whereabouts.

There are signs the stress of the trial and the months in jail are taking a toll on Johnson. She denies the assault accusations.

The police report says: "The other inmates in the pod were threatening her and making comments such as beating her [expletive] at recreation."

Johnson was placed in the jail's psychiatric ward. She was also refusing the eat Sheriff Arpaio's so-called Nutra-Loaf, made up of water, bread, powdered milk, vegetables, fruit, and chili powder.

http://www.myfoxphoenix.com/dpp/news/local/phoenix/video-jail-assault
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Post by Wrapitup Tue Apr 27, 2010 6:14 pm

Attorneys for a Valley mother accused in the disappearance of her infant son were in court Tuesday morning.

Elizabeth Johnson's lawyers waived her right to appear in court for a status conference.

Johnson is the mother of Gabriel Johnson, who was last seen in San Antonio on Dec. 26. Johnson now sits in a Maricopa County jail on charges of kidnapping and custodial interference relating to her son's disappearance. Gabriel's father, Logan McQueary, has been spearheading the search for his missing son.

Johnson's attorneys filed a motion to give her a psychological evaluation to see if she is competent to stand trial.

The judge agreed to the evaluation. Johnson's next court appearance is June 7.

Also appearing in court this morning in front of the same judge was Tammi Smith. She had hoped to adopt Gabriel before he disappeared.

Smith has been charged with forgery and conspiracy to commit custodial interference. She's not charged in the baby's disappearance.

Amy Nguyen, Smith's attorney, asked the judge for more time to go over evidence in the case.

"I think I lost count; it's boxes. A lot of it is disclosed on CDs so it's numerous documents, and I think we are in excess of 50 CDs at this point," Nguyen said in reference to the amount of evidence.

http://www.kpho.com/news/23280642/detail.html
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Post by Guest Tue Apr 27, 2010 6:39 pm

50 CDs of evidence?????? I'd like to see what it includes. Or, better yet, have a summary of what it includes--lol.
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Post by Wrapitup Wed Apr 28, 2010 11:43 pm

Gabriel Johnson latest news: Missing baby’s mom sprays fellow inmate with cleaner, says report
April 28, 8:01 PM
Crime Examiner Cindy Adams

According to a recent report, Elizabeth Johnson, the mother of missing baby, Gabriel Johnson is in trouble for assaulting a fellow inmate. She is behind bars after fleeing Tempe, Ariz. with her the boy at the end of December and telling inconsistent stories about what she did with Gabriel, whose whereabouts are still unknown.

KENS5 reports that Johnson is seen on jail video “spraying cleaning solution in an inmate’s face.”

While on the run, Johnson told Gabriel’s father, Logan McQueary, that she smothered their son, however, after being arrested, she said she gave him to an unidentified couple in San Antonio, Tex.

When Johnson first entered the Maricopa County Jail, Sheriff Joe Arpaio deemed her cooperative and well-behaved. Since then she has assaulted several inmates and refused to eat the vegetable loaf given all inmates.

On Tuesday, a judge agreed with Johnson's attorneys that she should undergo a psychiatric evaluation.

Anyone with information regarding Gabriel or his whereabouts is urged to call Tempe Police at 480-350-8311 or Silent Witness at 480-948-6377.

http://www.examiner.com/x-1168-Crime-Examiner~y2010m4d28-Gabriel-Johnson-latest-news-Missing-babys-mom-sprays-fellow-inmate-with-cleaner-says-report
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Post by Nama Mon May 03, 2010 4:21 pm

Baby Gabriel Johnson is 1 year old, but the search for him continues.

May 3 is his first birthday, and more than four months following the child's disappearance, his mother Elizabeth Johnson, is still behind bars and investigators are trying to determine whether Gabriel is alive or dead.

A friend of the boy's mother, says he believes Gabriel is still alive.

23-year-old Sorin Stanescu says stands by Elizabeth and says he's one of the only friends she has left.

"Her parents passed away, friends are against her. I think we are the only good friends..she has me and my sister.." said Stanescu.

Johnson is accused of kidnapping her son and leaving Phoenix.

Stanescu met Johnson a few years ago. Two nights before the baby disappeared, Elizabeth stayed at his apartment with Gabriel. He offered to take care of them.

"I have a second room. I said I will support the baby..I will buy everything..don't worry about the money. I told her I was going to do all of that for her." Stanescu said.

On the morning of December 18, Stanescu woke up and found that Johnson was gone.

He received a couple of phone calls from her while she was on the move. One from Texas and another from Florida.

He didn't see her again until she was behind bars at the Estrella jail in Phoenix.

Stanescu says he strongly believes Johnson would never have hurt her child.

"I said is the baby alive and she said yes, she said yes." said Stanescu.

He also says Johnson lied to the police in the beginning, to protect the people that helped her to have the unknown couple take care of Gabriel. She has since given all the information she knows to police.

"She only tell me she gave the baby to these people..and she didn't ask for information. She didn't do it because she trusted them with her heart." Stanescu said.

When asked if he thought if Elizabeth is a killer, Stanescu said, "No she's not. She's a very nice person."

Elizabeth Johnson remains behind bars.

http://www.myfoxphoenix.com/dpp/news/local/phoenix/baby_gabriel_case_050310
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Post by Guest Mon May 03, 2010 6:02 pm

Stanescu met Johnson a few years ago. Two nights before the baby disappeared, Elizabeth stayed at his apartment with Gabriel. He offered to take care of them.

"I have a second room. I said I will support the baby..I will buy everything..don't worry about the money. I told her I was going to do all of that for her." Stanescu said.
crying If only she had taken him up on that offer. Happy Birthday Gabriel where ever you are.
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Post by Guest Mon May 03, 2010 6:57 pm

She didnt take him up on the offer because its clearly not just about the money invested in raising the baby, she very clearly didnt want to be a mother...she was trying to give him away before he was even in this world yet...

I still stand where i did..if he's alive and healthy and happy, then more power to her because hes probably with two parents..a married mother and father..and she didnt just kill him like other parents who dont want to be parents.

However, if she did kill him, then thats awful..and i retract my previous statement...

I still hold out hope that hes alive..however, IF he is..we'll never know. That family will never, ever give up that baby after all this media circus...and as much as i feel bad for the bio dad, im kind of glad they wont. I know im not the best 'spokesperson' for children to have two parent homes...but if i could have it my way, every child would. That would solve alot of world issues i believe..if everyone had two parents growing up...i cant imagine my life without both my mother and father in it.
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Post by Nama Mon May 03, 2010 7:07 pm

Elizabeth Johnson owes it to Gabriel, his father, the taxpayers that are paying for all her drama to tell the truth. There is NO excuse for the chaos she has caused and I hope the rest of her life, until she tells the truth, is a living HELL. The same Hell that she has put so many people through that care about Gabriel. She's a spoiled brat and she needs to grow up and fess up or spend the rest of her life in prison.
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Post by Guest Tue May 04, 2010 10:13 am

BJ in OR wrote:Elizabeth Johnson owes it to Gabriel, his father, the taxpayers that are paying for all her drama to tell the truth. There is NO excuse for the chaos she has caused and I hope the rest of her life, until she tells the truth, is a living HELL. The same Hell that she has put so many people through that care about Gabriel. She's a spoiled brat and she needs to grow up and fess up or spend the rest of her life in prison.

I agree BJ. She had legal options and chose to kidnap that baby or kill him. And to Sassy not all kids are better off in a two Parent home depending on the Parents.
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Post by Guest Tue May 04, 2010 3:36 pm

Search Stalled On Gabriel's 1st Birthday
Leads Drying Up In Search For Boy Missing 4 Months


POSTED: 7:13 am MST May 4, 2010
UPDATED: 8:40 am MST May 4, 2010

PHOENIX -- Monday was the first birthday of Gabriel Johnson, the Phoenix boy who has been missing for four months.

Investigators believe his mother either gave him away as part of an underground adoption plan or killed him in San Antonio, Texas. With each passing day, Gabriel's return seems more unlikely. His appearance would have changed by now and tips have fallen off to a trickle, investigators said.

Those involved in the search said their next steps are unclear.

"Gabriel needs to come home one way or another," said Tim Maloney, the lawyer for Gabriel's father, Logan McQueary.

McQueary chose to speak through his attorney on the boy's birthday because the emotions of the day were too much to bear in public.

"To have no information getting you one step closer is really hard. I think it's getting more difficult for him and I think he needs to make some tough decisions about how long he's going to keep it going," Maloney said.

McQueary this week was on his way back from Illinois, where he was spending time with family. He firmly believes the boy's mother, Elizabeth Johnson, gave Gabriel away in a planned underground adoption and that the boy is still alive.

But every lead has been a dead end, and with dwindling tips and depleted resources, Gabriel's family and San Antonio police are left grasping for clues.

"In this case, we've exhausted hours upon hours, man hours. We had the landfill search that lasted weeks and weeks. So it is frustrating," San Antonio police Sgt. Chris Benavides.

The one woman who investigators believe holds all answers is not helpful, they said. The boy's mother, Elizabeth Johnson, was released back into the general population of the Estrella jail on Monday after a brief stint in the psych ward.

"Of course she's capable of standing trial. She just doesn't like being in jail," Maloney said.

She may not be there much longer. Without a body, a murder charge is unlikely, and it may be difficult for prosecutors to find her guilty of kidnapping. Even with a guilty verdict on custodial interference, Johnson could be out in less than a year.

"Gabriel is alive or he's not. There was a meeting in the park or there was not. And that's it," Maloney said. "We continue on, and we're going to continue on until we have a resolution one way or another."

http://www.kpho.com/news/23446240/detail.html?treets=pho&tid=26511763111813&tml=pho_12pm&tmi=pho_12pm_1_02000205042010&ts=H

I believe the key to more information, if they can't get it from EJ, lies with TS. The involvement that TS had makes me believe that EJ did give Gabriel up in an underground adoption. Unfortunately, none of us may ever know. A part of me agrees with Sassy that if Gabriel was given up in an underground adoption, there's a good chance he is better off. But whether or not Logan was a stellar father is besides the point. There's no evidence that he was a bad father. Although I do like to think that Gabriel is in a home being loved and adored and well cared for, Logan did not choose to give up his son. There is no evidence to indicate that Logan shouldn't have his son. Somehow, someway, Gabriel needs to be brought home, today not 20 years from now.
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Post by Nama Fri May 07, 2010 10:31 pm

May 3 is Gabriel Johnson's first birthday, but it's a sad celebration for his family. The baby has been missing since December.

His mother, Elizabeth Johnson, has given police several stories about the boy's whereabouts -- at one point even saying she killed him. But now she maintains she gave the boy to an unknown couple at a park in San Antonio.

FOX 10 has obtained exclusive jailhouse phone conversations between Johnson and Tammi Smith, the only other person under investigation in the case.

Smith is the woman who almost adopted baby Gabriel before he disappeared. She's been charged with trying to forge documents to gain custody of the child.

In the phone call, Smith accuses Johnson of destroying her life. The two spoke via jailhouse phone back in January. In turn, Elizabeth Johnson suggests Tammi Smith and her husband Jack arranged for a couple to take baby Gabriel. [Press play to listen]

Elizabeth: Yeah you set it all up they were your friends.
Tammi: No they weren't! Then what's their names if they're my friends?
Elizabeth: I don't know you set it all up in San Antonio.
Tammi: I talked about San Antonio? Elizabeth I don't know anyone in San Antonio, they already did the research and found I don't know anyone in San Antonio. There are no dots that connect me to you in San Antonio.
Elizabeth: Then it was Jack's friends like you said.

From day one, Smith has denied knowing about Gabriel's whereabouts. But Johnson says it was Smith's advice that landed her in jail.

Elizabeth: You told me to go to a shelter and pretend I was being beat.
Tammi: No, I told you instead of running and hiding and changing your identity go to a shelter don't just go run and hide your identity. What was illegal?
Elizabeth: From the very beginning it was illegal, lying about the paternity of the fatherhood, putting your cousin's name.
Tammi: In my mind that wasn't anything illegal. That was me helping you fill out your paperwork.

During the entire conversation, Smith never admits to having a couple pick up the baby at a San Antonio park Dec. 27.

Tammi: Just so you know we will be suing you.
Elizabeth: For what? What did I do to you?
Tammi: For ruining our lives.
Elizabeth: You ruined my life!
Tammi: I didn't tell you any lies.
Elizabeth: Tou ruined my life from the very beginning. I trusted you I believed you. You are totally not the person you said you were.
Tammi: Elizabeth you have destroyed our lives!

Johnson is back in her jail cell after spending over a week in a psychiatric unit for refusing to eat. As for Logan McQueary, he is still hopeful that his son is alive.

http://www.myfoxphoenix.com/dpp/news/local/phoenix/missing-baby-jailhouse-phone-call-5-3-2010
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Post by Wrapitup Fri May 07, 2010 10:44 pm

The only thing I can come up with is that Gabriel is in Mexico with his new parents. No need for a birth cert or medical immunization papers there. I agree w/Sassy that these "parents" will never let on they have Gabriel and this will be a cold case. EJ will probably serve 10 or 20 years and be out and about in her 40's.

I do have to agree with LM. It is not always best to have two parents.
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Post by Guest Sat May 08, 2010 12:32 pm

I hate to say it, but I believe EJ in that phone conversation long before I believe TS. TS has pulled this stuff before. If she didn't see putting a false name on the custody papers as illegal, I'm sure she considers everything else she did as squeaky clean too. I really hope they get enough evidence from those 40 CDs to keep TS behind bars too.

I don't think they have enough to charge EJ with homicide. IMO, she'll be out after trial or shortly thereafter. She's not going to get much time for custodial interference. Looking at AZ criminal codes, it appears she'd probably just get 1 year for that. In addition, if she were to successfully argue she was in fear of what would happen to Gabriel if Logan had him (DV, abuse, neglect), she could get zero time for custodial interference. The kidnapping charge, that's a complicated one. Is it really kidnapping when she took him before custody had been given to Logan? When you look at the Arizona statutes, it's pretty clear that she committed the crime of custodial interference, but the kidnapping charge, not so clear. I'm guessing EJ will get 5 years at most on both charges.

TS, on the other hand, since she was not a parent of Gabriel, with her involvement in the custodial interference, it's more likely that she could get 5 years on that charge alone. The statute on custodial interference and kidnapping have a lot of variables to them, but the sentences are certainly lighter for the parents. TS is not a parent of Gabriel. If they can pin her to her involvement in orchestrating this thing, TS could easily face more jail time than EJ. Frankly, TS needs to be put away for a very long time. She knew better.

Since Gabriel was born out of wedlock, Logan would have had to establish paternity to have had any rights to Gabriel if EJ was to fight him for custody. It wasn't necessary to cast doubt on his paternity, but I'm guessing TS didn't want to take any chances. Funny thing is, since Gabriel was born out of wedlock, Logan had little to no rights to Gabriel until he established paternity. In other words, EJ could have given Gabriel up for adoption without his consent and it would have been difficult for him to have done anything about it. EJ would have walked free and Logan would have had to battle the Smith's for custody. The Smith's had the $$$, Logan has the not so good criminal history--there's a good chance the court wouldn't have given him the time of day. Had EJ shown up for that custody hearing, Logan probably would not have received custody. At best, the hearing would have been continued until paternity was established.

If you know any good men that have had children out of wedlock, you may want to recommend that they have a paternity test to legally establish their paternity and legal rights to that child.
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 Tammi Smith and Elizabeth Johnson scheduled to go to trial Aug 9 to face criminal charges in the case of the missing Gabriel Johnson/ / Johnson said she killed her son Gabriel/ Audio of Elizabeth's call to Logan just released 12/14/10 - Page 20 Empty Search Stalled On Gabriel's 1st Birthday Leads Drying Up In Search For Boy Missing 4 Months

Post by Nama Sat May 08, 2010 12:33 pm

QUOTE: by WithPurpose Today at 12:32 pm I don't think they have enough to charge EJ with homicide. IMO, she'll be out after trial or shortly thereafter.
**********************************************************************
Monday was the first birthday of Gabriel Johnson, the Phoenix boy who has been missing for four months.

Investigators believe his mother either gave him away as part of an underground adoption plan or killed him in San Antonio, Texas. With each passing day, Gabriel's return seems more unlikely. His appearance would have changed by now and tips have fallen off to a trickle, investigators said.
Those involved in the search said their next steps are unclear.
"Gabriel needs to come home one way or another," said Tim Maloney, the lawyer for Gabriel's father, Logan McQueary.
McQueary chose to speak through his attorney on the boy's birthday because the emotions of the day were too much to bear in public.
"To have no information getting you one step closer is really hard. I think it's getting more difficult for him and I think he needs to make some tough decisions about how long he's going to keep it going," Maloney said.
McQueary this week was on his way back from Illinois, where he was spending time with family. He firmly believes the boy's mother, Elizabeth Johnson, gave Gabriel away in a planned underground adoption and that the boy is still alive.
But every lead has been a dead end, and with dwindling tips and depleted resources, Gabriel's family and San Antonio police are left grasping for clues.
"In this case, we've exhausted hours upon hours, man hours. We had the landfill search that lasted weeks and weeks. So it is frustrating," San Antonio police Sgt. Chris Benavides.
The one woman who investigators believe holds all answers is not helpful, they said. The boy's mother, Elizabeth Johnson, was released back into the general population of the Estrella jail on Monday after a brief stint in the psych ward.
"Of course she's capable of standing trial. She just doesn't like being in jail," Maloney said.
She may not be there much longer. Without a body, a murder charge is unlikely, and it may be difficult for prosecutors to find her guilty of kidnapping. Even with a guilty verdict on custodial interference, Johnson could be out in less than a year.
"Gabriel is alive or he's not. There was a meeting in the park or there was not. And that's it," Maloney said. "We continue on, and we're going to continue on until we have a resolution one way or another."

http://www.kpho.com/news/23446240/detail.html


Last edited by BJ in OR on Sat May 08, 2010 12:38 pm; edited 3 times in total
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Post by Guest Sat May 08, 2010 12:34 pm

And...I do believe that EJ does not know who she gave Gabriel too, but I'm willing to bet that TS does. If TS doesn't know herself, then she knows who does know.
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Post by Guest Sat May 08, 2010 12:39 pm

by BJ in OR Today at 10:36 am
I don't have any idea why my last post is full of all the backwards /////////s.

Lol. I didn't even notice them when I read your post!
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Post by TerryRose Sat May 08, 2010 2:17 pm

Withpurpose, I have agreed with your take on things from day one of this case regarding the amount of trust put into what EJ says as opposed to what TS says. I have viewed TS as the mastermind manipulator and EJ as the mixed up little girl of a woman relying upon her for advice and following whatever she dictated to her to do. I feel rather sorry for EJ because of her difficult life and I think there is something very wrong with her mentally because of the early life she has had. I probably wouldn't want to be around her myself because of her rages, but I hope that she can get some help she needs and can overcome her personal demons. I have not viewed her as a murderess and I can be wrong in my views of course, but still there is no proof that she is one. I think, in spite of her nastiness, she wanted to provide a good life for her baby and thought this was the way to do that. If Logan hadn't applied for custody and she had never met TS, she may even have given him up through legal channels. I think she felt pushed by TS and her own situation to adopt him out illegally through underground means. She seems different to me than the other murdering young mothers we have been following here. Maybe it is wishful thinking on my part right along, but LE doesn't seem too convinced that she would have murdered him either.
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Post by Guest Sat May 08, 2010 2:29 pm

I think the best thing for EJ and society would be for her to receive intensive therapy and behavior modication. I'm afraid the longer she's in prison, the worse she's going to be when she comes out and that isn't a good thing for her or society. IMO, EJ has told all she knows, but LE isn't buying it and continues to say she's not cooperating because she's not telling them what they want to hear or what they are hoping she knows. I still believe TS holds the key to finding baby Gabriel. That woman is a menace that preys on young women for her own wants and desires.
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Post by Guest Sat May 08, 2010 3:02 pm

by WithPurpose Today at 12:32 pm
If you know any good men that have had children out of wedlock, you may want to recommend that they have a paternity test to legally establish their paternity and legal rights to that child.

I agree
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Post by Nama Sat May 08, 2010 3:11 pm

QUOTE:by WithPurpose Today at 12:39 pm
Lol. I didn't even notice them when I read your post!

Thank Goodness for the edit button! I fixed it.
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Post by artgal16 Fri Jun 04, 2010 9:50 am

Elizabeth Johnson declared incompetent to stand trial!

Court-appointed doctors say mother of missing Arizona baby is incompetent to stand trial
Associated Press
06/03/10 11:55 PM EDT
TEMPE, ARIZ. — Two court-appointed doctors say the mother of a missing Arizona baby is incompetent to stand trial.

A Maricopa County judge ruled Thursdy that 23-year-old Elizabeth Johnson could be tried at a later date after treatment and therapy. A hearing on Aug. 12 will decide the length and conditions of the rehabilitative process, which could take up to nine months.

Tempe police say Johnson originally claimed she killed the baby and later said she gave the child to a couple in San Antonio.

If alive, Gabriel would now be a year old. Johnson remains in a downtown Phoenix jail on $1.1 million cash bond. She is charged with kidnapping, child abuse, custodial interference and conspiracy to commit custodial interference.

Information from: East Valley Tribune/Scottsdale Tribune, http://www.eastvalleytribune.com
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Post by TerryRose Fri Jun 04, 2010 10:28 am

If she suffers from mental or emotional illness, I am so glad to hear that it has been recognized as such and that they will be giving her the help she needs. Had she gotten the help she has needed a few years sooner, then this whole episode with Gabriel might never have happened.
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Post by artgal16 Fri Jun 04, 2010 10:39 am

They just said she was incompetent - without any other diagnoses. I believed she had broken with reality
a while ago. I wonder if they will take her out of the jail and put her in a medical facility now?
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