Elizabeth Johnson's Attorney Alleges Unlawful Questioning/ Lawyers file motion to dismiss on Friday/ Elizabeth Johnson Confident She Will Soon Be Set Free

Elizabeth Johnson's Attorney Alleges Unlawful Questioning/
Lawyers file motion to dismiss on Friday

Updated: Friday, 08 Oct 2010, 10:27 PM MDT
Published : Friday, 08 Oct 2010, 6:29 PM MDT

PHOENIX - Baby Gabriel Johnson has been missing since December 2009, and hasn't been seen since -- his mother is jailed in his kidnapping.

Elizabeth Johnson's attorneys want her case thrown out, claiming her rights were violated by a San Antonio detective who questioned her in jail.

Attorney Nicholas Alcock says that back in May, a detective went to the Maricopa County Jail and questioned Johnson for three hours, without telling her attorneys. He's now asking a judge to dismiss the kidnapping case against her, citing a now-tainted case.

"What happened here is outrageous, what happened here is completely unusual," says Alcock. "This detective was told don't go there, don't go visit Miss Johnson and he did."

According to court paperwork, Johnson was on lithium during the questioning. The detective allegedly removed her shackles, held her hand and touched her thigh, asking her about the whereabouts of baby Gabriel.

"The mood went from touchy-feely to very aggressive, and back to crying together. That's an outrageous set of circumstances and to not have your attorney present is unheard of."

Alcock says MCSO jail staff confirm that Tempe Police set up the interview for San Antonio. He claims both departments are working together and violated her rights by interviewing her without an attorney.

After the interview, Elizabeth Johnson allegedly described the detective as handsome and charming. Since then, Alcock says that Johnson refuses to trust her own attorneys.

"If the state interferes with the lawyer-client relationship to the point where they break it, which is what they've done here, the case can be dismissed and that's what we think should happen," he says.

Tempe Police and the County Attorney's Office told us they do not comment on ongoing cases.

http://www.myfoxphoenix.com/dpp/news/justice/elizabeth-johnson-unlawful-questioning-10-8-2010

Very Interesting Video - A Must See!!

I would like to see if they have this interview recorded! If they are going off of her word only, then I am sure it is all lies If it does turn out to be true, then SHAME on that detective and the Arizona Police Dept. for letting that happen! She will walk free and get away with giving away her son to some strangers or even possibly MURDER

I dont friggin believe this - if its true she will definitely walk.

mommyof3kids wrote:I would like to see if they have this interview recorded! If they are going off of her word only, then I am sure it is all lies If it does turn out to be true, then SHAME on that detective and the Arizona Police Dept. for letting that happen! She will walk free and get away with giving away her son to some strangers or even possibly MURDER

What the ever lovin' hell is going on in America, this Bit$ch either gave her baby away or murdered the angel and she gets to go on with her stupid life? It cannot be, there is no darn way. Like Shaniyah's mother, no one gets in real trouble anymore for giving away their children it seems. It is like we are so numb to these cases that no one in the court system seems to take them as seriously as the charges are.
I am not a violent person, that said, I wish someone would let me loose on her. I would get some answers. Her grandfather is treating her with kid gloves. I am going armed, with boxing gloves.

At the end of the video a LE officer admits the detective went to interview her on the Texas case not the Arizona. Yeah she is going to walk now if this interview was not recorded.

Damn that Detective!!!!!!!!!!!!!!!

Seriously so NOT professional of this detective to use his own personal experience that is SO not the same as what she did to her baby to "gain" her trust! This just eats at me! This poor baby could be ANYWHERE in America while she is going to get away with it.

I really think with all the publicity she has gotten from this case, no one.. NO ONE will want to have ANYTHING to do with her.... besides other sickos and freaks of the same nature!!

Elizabeth Johnson hadn't talked to her grandfather in months, but she called him from behind bars last Friday in good spirits, happy and confident that she will soon be set free. It was just last week that Elizabeth Johnson's attorneys filed a motion to have all of the criminal charges against her dropped.
They say an unauthorized interrogation by a San Antonio detective back in may violated her rights and irreparably damaged her attorney client relationship.
But with Gabriel still missing, could she really be set free without ever revealing what she did to her only child? Johnson seems to think so. She told her grandfather, Bob Johnson, that she is hopeful and confident she will be let go.
He also told CBS5 News that she seems much more stable now that she is taking anti-anxiety medicine. But he said she would still rather stay in jail than see Gabriel safely returned to his biological father, Logan McQueary.
CBS5 News has also learned that after the interrogation, that lasted more than three hours and involved crying, praying, touching and hand-holding, San Antonio Detective Jesse Salame went straight to the Tempe Police Department to debrief local investigators.
A Tempe police spokesman would not confirm who was at that meeting and what time of the night it took place, but it could indicate they knew Salame was with Johnson at the jail when he was not supposed to be, without her attorney present.
Johnson's attorney, Nick Alcock, said he is preparing federal motions to force Salame to share the recordings of what he learned in the jail that day in may.
CBS5 News spoke with Logan McQueary, Gabriel's father. He said he talked with Detective Salame on the phone for more than an hour Monday. McQueary was not happy that Salame may have damaged the case against Johnson, but after the call, he said Salame convinced him that the interview with Gabriel's mother was proper.
McQueary said of Johnson's attorney, "I think Alcock is talking it up. This is all a show because he knows this is the only way she will get out of jail anytime soon. We are still looking for Gabe. We don't know what happened to him, and she shouldn't be let out until we know the truth."

http://www.kpho.com/valleynews/25361989/detail.html

She seems fine and happy now that things are going in her favor. Quite the psycho actress when she needs to be.

Lets hope she doesnt walk on a technicality