Elizabeth Johnson Trial - Day 7 - 6th Day of Prosecution's Case - Tuesday, Oct 2

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artsy1 said:
Looks like Marc Victor filed a motion to drop the kidnapping charges.

https://d1nyaafz93r8iu.cloudfront.net/pdf/motion-to-strike-dangerous-crimes-e-johnson.pdf
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"Gabriel was merely the instrumentality of the crime not the victim."

OMG!!!! That line made me sick! Are you freaking kidding me????? This child was merely an instrument - not a victim? So prove to the court that Gabriel has not been "victimized".

Reminds me of the Wizard of Oz . . .. "pay no attention to that man behind the curtain".....Let me distract you over here so you don't remember why we are all here!

Now this sweet little boy has been reduced to an "instrument" - he doesn't even get to be called a "victim". EJ's only motive was to hurt Logan . . . . well seems to me the best way to hurt Logan would be to do exactly like she said she did . . . Kill Gabriel.

I am so angry! This baby deserves so much more than being called an "instrument". Although - sadly ..... that is exactly what EJ treated him like. Oh the horror!:maddening:
 
pcrum12 said:
most have multiple pacifiers IMO. So that doesn't do it for me.... yet.
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It's nice to have hope, but I have lost mine for that and all the other things I have learned about EJ and observed from her behavior. She is one evil entity. She considered Gabriel "a thing"....hows that for a mother's love.

snipped
Jurors did not learn, for example, that Johnson destroyed two of the couple’s apartments in fits of rage, or that McQueary once got an order of protection against Johnson for himself and Baby Gabriel after she threatened to hurt the child. The jury also won’t hear that after one argument, McQueary has said, he was leaving when Johnson told him, “Take that thing with you,” referring to their son.

http://www.hlntv.com/article/2012/09/25/text-baby-gabes-mom-i-killed-him
 
WTF???? this one is actually thinking that motion will fly? Unbelievable. UNLESS there is legal basis for it- do we have any verified lawyers following the case with us that we can consult?
 
seattlechiquita said:
WTF???? this one is actually thinking that motion will fly? Unbelievable. UNLESS there is legal basis for it- do we have any verified lawyers following the case with us that we can consult?
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I'm not an attorney, but from a legal standpoint, I think he's got a good argument (unfortunately). It explains why MV didn't want any testimony allowed in the case about EJ being a bad mother, but did want testimony of how EJ was meaning to hurt LOGAN. I read the kidnapping law last night, and I think MV's argument is a valid one from a legal standpoint - her INTENTION was to hurt Logan (an adult) and not Gabriel. Gabriel turned out to be the unintentional 2nd victim, so, from a layperson's view, MV is spot on with that one.

I just wish I knew why the judge disallowed any testimony about EJ being a bad mother, when that all went to show the validity of the kidnapping charge. Because based on what the jury has been allowed to hear, I think MV will win on that one, too.

No matter what anyone thinks of MV, I have to admit he knows the law - and unlike Jose Baez who used smoke and mirrors to confuse the issue, MV is a stickler for the legal wording of the charges.
 
This is the bombshell a motion??????? Please, a bombshell would have been they found the baby or they figured out who TP really is ...not legal jargon. Unfortunately this case has no concrete evidence, like the Anthony case, which ended in a not guilty verdict because of the lack of it according to the jury and people unfortunately walk because of it. Speculation, did she kill Gabriel or was she just trying to hurt Logan by saying she did it but didn't? That question needs to answered with evidence otherwise, IMO this is over.
 
I sent a shout out to AZLawyer and posted these questions on our "verified Atty" thread.

I am still so angry at the Defense calling Gabriel "a mere instrumentality. . not a victim"!!!!!
 
I don't know if anyone (especially newcomers to the case) have ever read EJ's MySpace blog, but this entry is very appropriate - even years after it was written:


Nov 10, 2006
i'm sorry

Current mood:guilty

One of the things i wish i could change about myself is not to have such a bad temper. I'm sorry i'm soo mean sometimes. I can't believe how bad i can be sometimes. It kills me, the guilt. everyone says how mean i am sometimes. I don't think i am..i think i'm really nice inside i just have a problem. I have this rage inside of mean that has to get out. I've tried many times to controll it, and boy was that a mistake. If I try to hold it in one second longer than its meant to be held, it gets ten times worse. One of my fears use to be going crazy and now a suspect I'm partly crazy. But i don't fear it anymore. i don't fear anything now except losing anymore people i love. I just need to stop letting things get to me so much, but i care soo much. I just can't say i don't care i'm not upset. I'm sorry..I'll make it up to you i swear and anyone else I wasn't fair too, that is my promise and goal.. cause i do care.
 
Just an update . . . AZLawyer answered our questions on the "Questions for Atty's" thread! Inquiring minds wanted to know and now we have some answers!
 
artsy1 said:
Looks like Marc Victor filed a motion to drop the kidnapping charges.

https://d1nyaafz93r8iu.cloudfront.net/pdf/motion-to-strike-dangerous-crimes-e-johnson.pdf
Click to expand...


Just an odd thing. The motion has an attestation at the end that says the motion was filed with the court (and hand delivered to Angela Andrews) on October 2. The press release states that the motion was going to be filed on October 4. As of close of clerk's office yesterday, this does not show on the docket as having been filed. I'll check again on Monday.
 
It appears MV is saying that Gabriel has no value as a human. Gabriel is a victim as well. He has been deprived of his family, taken from his father who clearly wanted to raise him. jmo
 
I knew it, MV is prefacing his argument by stating that EJ legally took Gabriel to Texas. He is fighting the charges on a technicality. Also, she took him out-of-state when Logan had joint custody. I have to go hunt down AZ's reply!

ETA: Whew! Thanks AZ!
 
I was trying to find AZlawyers comments (haven't found the thread yet) could someone please provide a link to that and while doing that I came across an old astrology thread on this case. I forgot that the astrologers were still casting charts back in 2010. All my instincts about this case were confirmed. Seems she's telling the truth now, she did sell him. I'm not sure if I'm allowed to post the location of the thread but if not the mod will just remove it. Read the first page, incredible!

Forensic Astrology - GABRIEL JOHNSON last seen San Antonio, TX
 
Oldsoul2 said:
I was trying to find AZlawyers comments (haven't found the thread yet) could someone please provide a link to that and while doing that I came across an old astrology thread on this case. I forgot that the astrologers were still casting charts back in 2010. All my instincts about this case were confirmed. Seems she's telling the truth now, she did sell him. I'm not sure if I'm allowed to post the location of the thread but if not the mod will just remove it. Read the first page, incredible!

Forensic Astrology - GABRIEL JOHNSON last seen San Antonio, TX
Click to expand...

[ame="http://www.websleuths.com/forums/showthread.php?p=8422464#post8422464"]Questions for our verified Lawyers - Websleuths Crime Sleuthing Community[/ame]
 
http://www.kpho.com/story/19806500/elizabeth-johnsons-attorney-files-for-dismissal

Elizabeth Johnson's attorney files for dismissal

PHOENIX (CBS5) -
The attorney for Elizabeth Johnson has filed a motion to dismiss a kidnapping charge against the mother of missing baby Gabriel Johnson.

Marc Victor said in a motion filed Friday morning that Arizona does not have the jurisdiction to prosecute Elizabeth Johnson for kidnapping. [Read full motion (PDF)]...

...Johnson's trial was scheduled to resume Tuesday. Johnson's defense attorneys said Johnson will not take the stand...

More at link.
 
http://www.abc15.com/dpp/news/regio...fy-closing-arguments-set-in-baby-gabriel-case

Elizabeth Johnson will not testify, closing arguments set in Baby Gabriel case
By: Corey Rangel

PHOENIX - As her trial wraps up, Elizabeth Johnson, the mother of Baby Gabriel, will not testify in her defense and closing arguments will begin Tuesday according to her attorney.
ABC15 has also learned Marc Victor filed several last minute motions he hopes will get his client out of jail...

...Victor admits he does not think the judge will drop the kidnapping charges but, if it happened, Johnson would be parole eligible and could walk out of jail even if she’s convicted of the two custodial interference charges.

ABC15 will be in court on Monday to cover the judge’s decision on Victor’s motions.


More at link.
 
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