The trial of a high-profile case involving two women connected to missing baby Gabriel Johnson will be delayed for at least another six weeks.
The trial, which was scheduled to begin Aug. 8, likely will not begin until October, according to information from Maricopa County Superior Court. The Maricopa County prosecutor assigned to the matter is working on an older ongoing case that takes precedence.
But the case is going to trial, according to Anne Phillips, the attorney for a Scottsdale woman who once was interested in adopting Baby Gabriel and is charged with forgery, custodial interference and conspiracy to commit custodial interference.
That woman, 39-year-old Tammi Smith, is being tried at the same time as the baby’s mother Elizabeth Johnson. Smith appeared in Maricopa County Superior Court on Tuesday for a settlement conference but decided not to plead guilty to avoid a trial.
Johnson, who turned 25 on Sunday, has been incarcerated in Maricopa County’s Estrella jail on a $1 million cash bond since January 2010 on charges of kidnapping, child abuse, custodial interference and conspiracy to commit custodial interference.
Results from Johnson’s second psychological evaluation during the course of the court proceedings are pending and will determine whether she is competent to stand trial or be committed to a state mental hospital.
In mid-December 2009, the Tempe woman took Gabriel to San Antonio in the midst of a custody battle with her estranged boyfriend and Gabriel’s father, Logan McQueary of Gilbert.
Johnson has both said she has killed Gabriel and gave him away to a couple she did not know.
• Contact writer: (480) 898-6533 or msakal@evtrib.com
Dale Whiting posted at 2:54 pm on Tue, Jul 26, 2011.
For those of you out there who decry the Casey Anthony case out of Florida, let's compare and contrast.
Here Johnson was disputing custody with the Father who wanted to care for his little girl. Here Johnson admitted killing the child and disposing of it but then changed hers story. Here no body has been found, so bringing a murder charge will be problematic. Both women seem to have caved in under the pressure to care for a young child as a single parent.
Adoption was the solution for Anthony, Surrendering custody was the solution for Johnson. Anthony will walk, this due to reasonable doubt as to who actually did the killing. Here Johnson likely will not be charged for the killing. Should be interesting to see how inventive procecutors can be.
Both are sad cases. Both demonstrate how misserably society has failed.
kaonc posted at 5:51 pm on Tue, Jul 26, 2011.
I can tell Dale you have not been following this case at all. This case is nothing like the Anthony case. Casey Anthony did not have an over agressive person trying to adopt her child.
Elizabeth Johnson has stated almost from the beginning that Tammi Peters Smith and her husband Jack set up the pick up in the park. Resent released phone records show that at the time Gabriel was being handed off at 10:00 am. Jack Smith had made 11 phones call to his son. This is the about the same time that Tammi Smith was on the phone with Elizabeth Johnson giving her directions to the park. Even after Elizabeth was found in FL. Tammi Smith was still trying to get Logan to sign papers giving up his rights to his son. Why? IMO she has planned to have that child brought to her after Logan signed her papers.
PI Ken Gamble believes that Gabriel is alive. He also believes that SAPD went in the wrong direction and did not look at the phone records. Even Elizabeth said herself, "Why can't you find him, (Gabriel) You (LE) have the phone records? Elizabeth Johnson also kept a journal, which she wrote down the Smiths plan. The Smiths have been caught in several lies. One of which Tammi has been charged with forgery. Elizabeth being spitefull towards Logan called and said she killed him after the drop off in the park. Logan then called the police. So IMO Tammi plans fell through. What we need to know now is who picked him up and where is Gabriel now?
I suggest you read the 230 page police report. All roads point to Tammi and Jack. Also take a look at Tammi arrest papers. You can also find Ken Gamble's web page with his interview - Gabriel Johnson- Truth lies within the phone records.
Gabriel should never be adopted!!!!! He has a father who loves him and is working with LE to find him. Gabriel is Logan McQueary's son! Also Gabriel is a boy not a girl.