8 Oct 2010 - Elizabeth's attorneys move for dismissal

[saba]

http://www.eastvalleytribune.com/local/article_9c24c5d6-49cc-11e0-86dc-001cc4c03286.html
Texas Judge Orders Detective to Testify in Arizona Baby Gabriel Case



Those pesky Texans may appeal.

Michael Bernard, San Antonio City Attorney adds:

"...With what is supposedly said on the tape during the interview, I wouldn't know why the defense would want it. Be careful what you ask for."

 

[iluvmua]

I hope Texas does eventually charge her with murder without a body.
She's confessed three times already (That we know of).

and if she gets a trial I'm sure Logan will have to testify about the phone call and text message.

EJ should just : :truce: she's NOT going to win.

 

[saba]

http://www.myfoxphoenix.com/dpp/new...sing-arizona-baby-set-to-testify-apx-05252011



Updated: Wednesday, 25 May 2011, 8:40 AM MST
Published : Wednesday, 25 May 2011, 8:40 AM MST

PHOENIX - The mother of a missing Arizona baby is expected to testify in Maricopa County Superior Court.

Elizabeth Johnson's grandfather says he expects the case against her to be dismissed.

A motion filed by the 24-year-old Johnson's attorney is scheduled to be argued in court Wednesday.

Johnson claims the charges against her in the disappearance of her son Gabriel should be dropped because of an "illegal" jail house interview by a Texas detective who knew Johnson was not represented by an attorney.

She was charged with kidnapping, child abuse, conspiracy to commit custodial interference and custodial interference in the disappearance of her son in December 2009.

Since January 2010, Johnson has been held in a Phoenix jail on a $1.1 million cash bond.

 

[saba]

https://twitter.com/#!/courtpio


Hearing on Defendant's Motion to Dismiss in progress and expected to go all afternoon. Psychologist now on the witness stand.

 

[momtective]

Thank you Saba! I had no idea there was even a hearing today.

 

[momtective]

I wonder if the case is dismissed, if EJ will reunite with Gabriel...I believe she knows exactly where he is.

 

[saba]

Thank you Saba! I had no idea there was even a hearing today.

Hi Momt-

There was a partial ruling last week:

5/19/2011

RULING-


Defendant's 6th amendment rights were violated.

Court rejects the argument that this case is so egregious that dismissal is the only remedy available. The general remedy is suppression of the evidence.

At hearing, Defendant may demonstrate prejudice of any kind, either transitory or permanent, for present counsel's ability to provide adequate representation in these criminal proceedings.

The State has conceded that the interview and evidence derived from that interview cannot be used against the Defendant. Defendant may present evidence at the hearing which would show that the concession is not enforceable.

http://www.courtminutes.maricopa.gov/docs/Criminal/052011/m4732083.pdf

 

[momtective]

Now I'm thinking EJ is going to walk.

 

[saba]

https://twitter.com/#!/courtpio


Hearing on Motion to Dismiss is stayed pending the result of the Rule 11 evaluation.


Next court date- June 7 at 8:30 am. Elizabeth will not attend.


WOW! A new competency evaluation?

 

[kissdegirl]

https://twitter.com/#!/courtpio


Hearing on Motion to Dismiss is stayed pending the result of the Rule 11 evaluation.


Next court date- June 7 at 8:30 am. Elizabeth will not attend.


WOW! A new competency evaluation?

Sounds like it, with a court appointed psychiatrist.

Baby Gabriel's mother didn't get the ticket to freedom she had hoped for Wednesday, but she got the next best thing: A second shot at being found incompetent to stand trial.

After listening to testimony about a San Antonio detective whose "over the top" tactics during a jailhouse interview deeply affected Elizabeth Johnson, a Maricopa County Superior Court judge ordered her to undergo a second competency evaluation. Johnson was seeking to dismiss the charges against her.

"A dismissal in a situation like this is a last resort," Judge Paul McMurdie said. "If she is not cooperating with her lawyers, she needs to be restored. If she can't be restored to competency, there is a civil remedy."

That remedy would be to commit her to a psychiatric facility for treatment, said her current attorney, Daniel Raynak. If it is determined Johnson cannot ever be restored to competency, Raynak said, criminal charges could be dropped.

Read more: http://www.azcentral.com/community/...torney-client-relationship.html#ixzz1NQCZEi3E

 

[saba]

http://www.kpho.com/news/28028116/detail.html

Baby Gabriel's Mom Ordered Back For Psych Tests (with slideshow and video)

...After hearing testimony from Dr. Daniel Gaughan, a psychologist, about Johnson’s state of mind since the interrogation with the detective, the judge ordered her to undergo another psychological evaluation by court approved doctors.

...Gaughan said he did not think Johnson was competent to stand trial because Salame convinced her not to trust her attorneys, which makes her incapable of participating in a defense with them.

...Our position has always been that detective Salame exacerbated the problems that this young lady had and because of that it's come to the point that she's not going to be able to effectively assist her defense in this particular case.” Raynak said.

Really? Mr Raynak's previous comments from an interview in February:

...When asked if she's been forthcoming with Raynak, he answered, "Yes, I have no problems with Elizabeth, she's very concerned about her case and she's very involved in her case."

...She's certainly able to communicate with us and call us on a regular basis which she does," said Raynak.

http://www.abc15.com/dpp/news/regio...rney-believes-missing-"baby-gabriel"-is-alive

 

[saba]

Minute Order 5/25/2011

http://www.courtminutes.maricopa.gov/docs/Criminal/052011/m4740774.pdf


IT IS ORDERED staying the hearing on the Defendant’s Motion to Dismiss.

On the Court’s own motion,

IT IS ORDERED referring this matter to Rule 11. A separate minute entry shall issue.

IT IS ORDERED vacating the Status Conference on July 1, 2011, the Final Trial
Management Conference on August 1, 2011 and Trial on August 8, 2011 in this division.

IT IS ORDERED setting a Status Conference on June 7, 2011 at 8:30 a.m. in this
division. Defendant’s presence is waived.

IT IS ORDERED that no time be excluded. LAST DAY REMAINS: September 24,
2011.

IT IS ORDERED affirming prior custody orders.

 

[saba]

http://www.courtminutes.maricopa.gov/docs/Criminal/052011/m4743536.pdf

Minute Order 5/25/2011

HEARING-RULE 11-NOTICE OF APPOINTMENT

IT IS ORDERED appointing Dr. Gwen Levitt, Dr. Thomas Geen and Dr. Bruce Kushner to conduct an evaluation of the above named defendant pursuant to Arizona Rules of Criminal Procedure 11.3 and A.R.S. § 13-4509.

IT IS ORDERED that counsel for the defendant shall provide the above-named experts
with all police reports, charging documents, the competency screening evaluation report, and all
other available medical, mental health and criminal history records within two (2) weeks of this date.

IT IS FURTHER ORDERED that the experts submit their signed original reports to the
Superior Court Forensic Unit no later than July 15, 2011.

IT IS FURTHER ORDERED that a competency hearing is set before Judge Paul
McMurdie on August 2, 2011 at 10:30 a.m.

 

[saba]

http://www.courtminutes.maricopa.gov/docs/Criminal/052011/m4743537.pdf

Minute Order 5/27/2011

The parties asked the Court in chambers if the Rule 11 experts should get a copy of the redacted or unredacted interview. After reviewing the interview, the Court finds that the experts should get the unredacted version of the interview.

...

The Court will hold in abeyance the question regarding whether the State's expert, if they elect to hire one, is entitled to the unredacted interview.