Elizabeth Johnson Baby Gabriel Case

The Elizabeth Johnson trial and the Baby Gabriel mystery

Attorney Marc J. Victor of the Attorneys For Freedom Law Firm represented Elizabeth Johnson, an Arizona woman charged in the disappearance of her infant son Gabriel Johnson in what became a National high-profile case, with the trial being Nationally televised for months.

Johnson pleaded not guilty to kidnapping, custodial interference, and conspiracy to commit custodial inference in the December 2009 disappearance of her then-8-month-old son, Gabriel. She faced up to 27 years in prison if convicted on all counts.

Defense attorney Marc Victor told jurors they probably were angry at Johnson but shouldn’t be swayed by their emotions. “This is not a case about whether or not you like Elizabeth Johnson,” said Victor, who called no witnesses on behalf of his client at the trial. Victor conceded the jury likely would convict Johnson on the custodial interference charge because she violated a judge’s custody order. But he said prosecutors failed to prove their case on the other two charges.

Victor later described Johnson as an unsophisticated single mother who was under a lot of stress, was in a volatile relationship with the boy’s father, and was being manipulated by a woman who wanted to adopt Gabriel.

“Does she wish she had a redo?” “Absolutely, Victor said.”

Authorities say Johnson told the boy’s father Logan McQueary that she killed Gabriel and dumped him in a trash bin in San Antonio, Texas, the city where the child was last seen. But authorities say Johnson later recanted and told police she gave the baby to a couple at a San Antonio Park.

She had been fighting with McQueary about whether to put Gabriel up for adoption. Johnson signed over temporary guardianship to a Scottsdale couple for about 10 days before she picked up the boy and left Arizona. McQueary opposed putting the baby up for adoption. The would-be adoptive mother from Scottsdale, Tammi Peters Smith, was accused of lying on a court document about the child’s possible paternity in an effort to keep Gabriel from his father. Smith was convicted of forgery and conspiracy to commit custodial interference.

Victor presented no defense witnesses at trial. He had said the jury likely would convict Johnson on the custodial interference charge because she violated a judge’s custody order. But he argued prosecutors otherwise failed to prove his client’s guilt.

Jury finds Elizabeth Johnson not guilty on the kidnapping charge

The jury found Elizabeth Johnson guilty of unlawful imprisonment, custodial interference, and conspiracy to commit custodial interference in the case of her son’s disappearance but was found not guilty of kidnapping, the most serious charge against her in the case. Victor said he would try to seek probation for his 26-year-old client, noting she already has spent nearly three years in jail. “That took the wind substantially out of the case,” Victor said of the lesser conviction.

Victor was the fourth attorney in this case and the only one that Elizabeth Johnson felt like she could trust. In the end, Mr. Victor’s handling of the case kept Johnson from spending decades in prison on a kidnapping conviction.





Lindsay H
Lindsay H
1708629075
My experience with Attorneys For Freedom was exceptional. Andy Marcantel was understanding to my... circumstances and always brought a thoughtful and results-oriented approach. He was amazingly knowledgeable, transparent and respectful. He will tell you exactly what to expect in your situation. It was a relief knowing Andy and his team were in my corner fighting for me every step of the way and getting me the best possible outcome. I am forever grateful to everyone at Attorneys For Freedom.read more
Christopher J.
Christopher J.
1707856832
Had a self defense situation on a late Friday night. Called the emergency hotline and got in touch... with someone right away. Didn't matter how late it was. Once they understood the situation they gave me fantastic advice and steps and where fully prepared to spring into legal action on my behalf if they needed to. Throughly impressed. I'm heading to Chicago for the next month and I feel a lot better doing so with Attorneys For Freedom on my side. Chicago very much is a third world now and if I have to defend myself I can worry about keeping myself alive and safe rather than the legal part of it. I know that for sure.read more
Ricardo F.
Ricardo F.
1706852240
Switched over from USCCA as soon as you went national 👍🏼 Semper Fi
Michael B.
Michael B.
1706667435
My story, I was facing multiple felony charges and a prosecutor who would only settle for time in... prison! I contacted Andy and his team at Attorneys for Freedom and they got to work on my case. I was able to walk away from the courtroom with probation! Fantastic work from these guys! Don't settle for amateurs. Call the BEST!read more
Nathan E.
Nathan E.
1706143239
I was extremely please with Rachel and Vicky! They were easy to talk to, professional and helped me... get all my ducks in a row to get my case dismissed. Very happy with their service!read more
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