Attorneys representing the Tempe mother of missing baby Gabriel Johnson filed a motion to dismiss a case against her on Friday, claiming her constitutional rights were violated when a San Antonio police detective interviewed her in May in a Maricopa County jail.
Nicholas Alcock and Adam Feldman, the attorneys representing Elizabeth Johnson, filed the motion with Maricopa County Superior Court Judge Paul McMurdie, claiming her Sixth Amendment rights were violated when the detective interviewed her at length without her attorneys present when she objected to the interview, according to a court document.
The attorneys claim their relationship with Johnson has been damaged beyond repair because of the interview and they no longer could ethically represent her, according to the court document.
“This is outrageous,” Alcock told the Tribune on Friday. “This was an exhausting interview, and by the end of it, she was clearly disturbed.”
Alcock also alleges that the detective acted as “an agent” for the Tempe Police Department, which investigated the case early on and provided them with information from his interview.
Alcock would not comment on specific details of what Johnson told the detective, but said he has not received any manuscript or the audiotape of the interview.
He said the detective got up close and personal with Johnson, touching her leg, holding her hand and crying with her.
The interview began with the officer telling her that he was her “friend,” but became more combative and aggressive as it progressed, with the detective telling her that she could be facing the death penalty, according to Alcock.
Johnson, 24, has been in Maricopa County’s Estrella jail on a $1.1 million cash bond since early January after her arrest in Miami Beach, Fla. on charges of kidnapping, child abuse, custodial interference and conspiracy to commit custodial interference in connection with the disappearance of her son in San Antonio on Dec. 26. The child turned 1 in May.
Johnson drove to San Antonio with Gabriel in mid-December in the midst of a custody battle with Logan McQueary of Gilbert, her estranged boyfriend and the boy’s father.
On Dec. 27, she told McQueary via text message and phone call that she had killed Gabriel, stuffed his body in a diaper bag and threw it in a trash bin.
She told authorities that she gave Gabriel to a couple at a motel in San Antonio a day after meeting them at a park there. Johnson has refused to reveal Gabriel’s whereabouts or his state of well-being since.
But on May 10, when San Antonio police detective John Salame was permitted to go inside the jail and conducted an “unauthorized” interview with Johnson for about three hours, the interview violated standard “free talk” procedures because constitutional law prohibits law enforcement officers from interviewing anyone in custody without her attorneys present, Alcock told the Tribune.
Alcock said this was in the midst of hearings to determine whether Johnson was mentally competent to stand trial and that Johnson was “heavily, heavily” medicated on Lithium prescribed to her by the jail when Salame interviewed her.
Alcock also said the Maricopa County Attorney’s Office told Salame that he could not independently interview her.
Johnson has not been charged with anything in San Antonio, and police there are investigating Gabriel’s disappearance as both a missing persons case and a homicide.
Officials from the San Antonio Police Department would not comment on Salame’s interview with Johnson, but Salame told the attorneys his jailhouse interview with Johnson on May 10 was unrelated to the case in Maricopa County Superior Court.
When Salame was contacted by the Tribune on Friday, he would not comment.
A Maricopa County Superior Court judge ruled that the detective must provide Johnson’s attorneys with information they obtained from the interview, but Salame has declined to talk further with Johnson’s attorneys.
“The detective already had been told by the county attorney’s office he could not interview Elizabeth and knew that he was dealing with somebody who could have been mentally unstable,” Alcock said.
A hearing date on the attorneys’ pending motion will be scheduled after it is filed.
Johnson has been deemed competent to stand trial and next will appear in Maricopa County Superior Court for a hearing on Oct. 25.
Amy Williamson posted at 12:55 pm on Fri, Oct 8, 2010.
I am very disappointed in this article. I have GREAT RESPECT for Detective Salame. I have said this months now: God forbid any of you have a missing child or loved one- or a murdered child or loved one. If you are ever so unfortunately stricken, God bless you if you are lucky enough to be blessed enough with a detective like Detective Salame. He is honorable and compassionate. He is more dedicated and driven than most. This man spends countless hours off the clock pouring over the many cases he has because he has such great compassion for the victims. I canNOT imagine him ever being inappropriate in any way, shape or form with regard to his duties or acting in the interest of justice being served. Likewise, I canNOT imagine him being inappropriate in any way, shape or form outside of his duties. And if he cried......Why did he cry? Because that is a detective who truly cares!
Amy Williamson posted at 1:03 pm on Fri, Oct 8, 2010.
Furthermore, everyone has known for some time now that EJ has been emotionally unstable. And if we have to base certain elements of this story second or third hand- initially stemming from what she claims- then how can anyone believe whole heartedly that Detective Salame would have acted dishonorably? (touching her leg) I do NOT buy it for one second. I know him. I know how hard he has worked on this case. I know the many GREAT efforts that S.A.P.D. has put into this case- and it makes me livid to hear that there is ANY false accusation of Det. Salame having tainted anything. Like I said- God forbid any of you have a missing or murdered loved one ever- however, you could not be more blessed than to have this man assigned to the case should such evil befall you or a loved one.
INSIDER posted at 1:49 pm on Fri, Oct 8, 2010.
I'll tell you all how this case got tainted. I'll even say IN MY OPINION ONLY to avoid any slander or libel accusations and threats.
SO IN MY OPINION ONLY-----------------------------------------------------We have Tammi Peters Smith and Jack Smith who have been shady from the beginning. Caught in multiple lies. Falsifying court documents. Not telling all that they know. Becoming media starlets. Thinking they are smarter than the cops & everyone else. BUT WAIT! They have a good excuse to explain that away! Not to mention they can quote scripture & pray their way out of this according to them. As an added bonus "THEY" are the victims of Elizabeth and Logan. Forget a little baby who is the victim. Moving on we have Logan McQueary and his family who do nothing shy of slam law enforcement & every private investigator who has helped them for free. Heck they don't even like to go to law enforcement with tips or leads. You read that right. Everything has to be hush hush. What family does that when looking for a baby? Then we have the online clubs who do nothing but stir up drama, gossip & point the finger. That gets us no where. They are chasing puppy dog tails and not even on the scent of a sweet baby. IN MY OPINION ONLY the family, the Smiths, Elizabeth Johnson & a few select Gabriel Johnson online groups have tainted this case beyond true justice ever being served. San Antonio Police? They have done a fine job. They have done everything in that baby's interest. Shame on this article. Shame on the many people who have obstructed justice----IN MY OPINION ONLY!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
IceCat posted at 3:36 pm on Fri, Oct 8, 2010.
[sad] This really must be Arizona, we actually have someone here that supports the illegal actions of Det Salame, who is now disregarding an order from a Superior Court Judge, which can cause the entire case getting tossed, and the lowering the chance of every finding out what happen. Priceless.
INSIDER posted at 4:14 pm on Fri, Oct 8, 2010.
Don't think the man did anything illegal. They have a right to do their investigation for possible charges out of Texas. Doesn't mean they were there on business pertaining to Tempe's case and/ or jurisdiction. They have a right to work the case from their neck of the woods and on their end. As far as illegal activity? Look at Logan and his whole clan Sandy Peteres included. Look at Mr. and Mrs. Jack Smith. Elizabeth too. Look at all of 'em.
smackermack posted at 4:16 pm on Fri, Oct 8, 2010.
[sad] I know that the first two posts are made by someone from Texas. He needs to turn over a copy of the tape to Elizabeth's lawyers.
smackermack posted at 4:16 pm on Fri, Oct 8, 2010.
[sad] I know that the first two posts are made by someone from Texas. He needs to turn over a copy of the tape to Elizabeth's lawyers.
smackermack posted at 4:19 pm on Fri, Oct 8, 2010.
[sad] You do not interview a prisoner without the lawyer present. It is a basic thing. And if more people were there when this happened, they need to be disciplined.
smackermack posted at 4:19 pm on Fri, Oct 8, 2010.
[sad] You do not interview a prisoner without the lawyer present. It is a basic thing. And if more people were there when this happened, they need to be disciplined.
smackermack posted at 4:21 pm on Fri, Oct 8, 2010.
You do not interview prisoners without their lawyer present.
smackermack posted at 4:21 pm on Fri, Oct 8, 2010.
You do not interview prisoners without their lawyer present.
Amy Williamson posted at 4:29 pm on Fri, Oct 8, 2010.
@smackermack - I am a FEMALE from Texas [beam] Look me up and you will know what my affiliation with this particular case was.
This is all hogwash and smoke screens- Det. Salame is about as honorable as it gets.
ElizabethJ posted at 7:27 am on Sat, Oct 9, 2010.
At the end of the day, whether Detective Salame overstepped professional or legal boundaries and whether attorney Alcock is going public with this as a smokescreen to cover for the fact that his client filed a handwritten motion asking to fire him for a laundry list of complaints bordering on legal malpractice, GABRIEL JOHNSON IS STILL MISSING! Let's not forget the sweet little boy who is at the center of all this and must be found! He's been gone for far too long; can the authorities not stop all this infighting and work together to get him home?