http://www.azfamily.com/home/related/Elizabeth-Johnsons-initial-court-appearance-81147937.html
Elizabeth Johnson first court appearance in Maricopa County Superior Court, 1-11-2010.
KEY: EJ is Elizabeth Johnson, defendant.
Judge is the judge hearing the case.
AW is Arabella Whitney, County Attorney.
Judge: Johnson. Would you come forward, please? Would you, uh, state your name and dae of birth?
EJ: Elizabeth Johnson. 7-24-86.
Judge: Alright, Maam. Youve been arrested on a direct complaint warrant alleging custodial interference, a class 4 felony. Youve also been arrested on new charges, alleging, uh, child, uh, abuse, a class 2 felony and one count of kidnapping a class 2 felony. Im going to appoint the public defender to represent you, and, uh, do the state wish to be heard?
AW : Yes, Your Honor. Good morning, Arabella Whitney for the state. Your Honor, in this case, the state is requesting that the defendant be held on a one million dollar cash only bond. The defendant in this case is currently facing charges of kidnapping, a class 2 dangerous crime against children, child abuse and custodial interference. Your Honor, while these are the only charges that the defendant is currently facing, there is a real potential that she could face more serious charges in the future. This is because in her own words, she stated that she killed Gabriel. Your Honor, I just want to briefly touch on the facts in this case which warrant a high bond. Your Honor, on December 11th of 2009, the defendant and Logan McQueary, the parents of Gabriel, met with Judge McVeigh (SP) in Family Court. At this time, they both agreed that they would share joint custody of their son, Gabriel. On December 27th, 2009, the date that Logan was supposed to get Gabriel from the defendant, he received a text message from her, stating that Gabriel was dead. In a subsequent conversation with Logan, the defendant told, the defendant told Logan that she had killed Gabriel, that she had put him in a diaper bag and thrown him in the dumpster. Your Honor, I do want to point out that the defendant in this case has also admitted, through a media interview that she did send that text message to Logan, stating that Gabriel was dead.
Judge: Im sorry. Through a what?
AW: Through a text message. She admitted that she sent the text message to Logan, saying that Gabriel was dead.
Judge: And she admitted that to?
AW: In a media interview.
Judge: Media interview. Thank you.
AW: Yes. Your Honor, after the conversation with Logan, where she told him that she put him in a diaper bag and threw him in a dumpster, she told him that she was not going to tell him Gabriels location until she was out of the country and in a safe location. From this point, the search for the defendant and Gabriel ensued. The defendant refused to tell investigators, or Logan, where she was located and investigators began a nationwide search. If it werent for the hard work of the Tempe police department and the FBI in this case, the defendant would probably still be on the run. She did everything she could to conceal her identity. She paid in cash and she used a different name, a false name. Your Honor, if the defendant in this case gets out of custody there is no question that sh, shes a flight risk. Not only are the facts of this case, the fact that she has, she has already fled, raised a risk for her flight, but the fact that she knows that she is currently facing higher charges in this case because Gabriel cant be found. Your Honor, one of the most important reasons that she is deserving of the million dollar cash bond is the danger that she poses. To this date, Gabriel has not been found. The search for him is still on. The defendant is the only person that knows where Gabriel is and if he is dead or alive, and she refuses to cooperate and tell anyone where Gabriel is. Your Honor, theres two victims in this case, Logan McQueary, Gabriels father, and eight month old Gabriel. And I want to point out the harm that is caused to both of those people in this case. The defendant took Gabriel from his father, concealed him, ran to Texas and somewhere in Texas, says she left Gabriel with strangers and/or killed him. We have no idea the harm that Gabriel has suffered or is continuing to suffer in this case, because the defendant refuses to tell anyone where he is or if he is dead or alive. And there is a real possibility, that Gabriel is not alive to this date. He may be dead, he may be alive, and if he is alive, there is no telling the danger that he is currently in. And this is all because of the defendant. Your Honor, the charges that the defendant is facing in this case, the fact that she is an extreme flight risk, the danger that she poses and the harm to the victims in this case, all warrant a bind of a million dollars, cash only. Thank you.
Judge: Alright, thank you. And she was, uh, apprehended in Texas?
AW: In Miami, Your Honor.
Judge: In Miami.
AW: She was actually, she was located in Texas, but she wasnt found until she had made it to Miami.
Judge: Alright. Uh, maam, I have appointed the public defender to represent you. I noted you shaking your head and disagreeing with the comments of the
EJ: Yes. Everything she was saying was completely false.
[EJ talking over the judge]
Judge: Please do not interrupt. I, uh, I noted that you were disagreeing by nodding, er, by shaking your head back and forth with comments made by the county attorney at various, uh, times during her statement. Uh, while I recognize that you may have a different view of, uh, of what was said, um, Im gonna urge you to, uh, urge or ask you to not make any statements here this morning, uh, given that you have been appointed an attorney and obviously that attorney is not present. Um, that said, if you elect to cooperate and, and, and talk to people, that, that is up to you, but understand that anything can, you say in here is, is, um, may be used against you. This is all being recorded. All that said, is there anything you want to ask me or tell me?
EJ: Um, ask you? I dont really know what to say, but everything is so false, from the fleeing to everything that she said is so completely false. I
Judge: Alright.
EJ: I dont know what else to say, but that.
Judge: Alright. Very well. Thank you. Um, I have reviewed the Form Fours, Ive, uh, considered the, uh, statements of the state and the, the recommendation made by the county attorney, and given the gravity, uh, of the, of this case and the serious, very serious allegations, as well as the concerns for the continued welfare of this child, uh, it is ordered setting a million only bond of a million dollars. Uh, that million, uh, how, there are actually, uh, two different cases at this point. Are they on the same case number?
AW: Your Honor, I do not believe that they are.
Judge: Theyre not.
AW: They are not, Your Honor. The direct complaint does have a different case number. I believe she, the charges that will go forward from this point are the new case number that shes just been page 2ed on.
Judge: Alright. Well, I, I, Im going to set a million dollar cash only bond, uh, as youve recommended. That said, I dont want to set a million dollars cash only in both cases. Um, [audio cuts out]
Judge: Well, if number 26 on our calendar gets, does not get pursued by the, uh, by the, by the state, then only the one bond will apply?
AW: Yes, Your Honor. And number 26, at this point, that would be the custodial interference?
Judge: Right.
AW: That only is not, that one will not be pursued. Its going to be the new, new charges.
Judge: Alright. Youre not making it, youre not withdrawing it at this time?
AW: Were not withdrawing it at this time, no.
Judge: Alright. Alright, Im going to set a million dollars cash only bond with respect to, uh, number 27 on the calendar.
Judge: The other matter, being a class 4 and the court being advised that the, uh, the state will likely be proceeding under number 26 alone, uh, its ordered setting, um, a hundred thousand dollar cash only bond as to that case.
Judge: So at this point, theres a million, one hundred thousand dollar cash only bond. Um, in these two cases.
[Audio cuts out]
Judge: And, uh, were going to set these matters in the Regional Court Center in the Southeast Facility. Uh, and my clerk will give you the paperwork. Youre going to need date time and location of those hearings. Should you post these bonds, uh, you are not to leave this jurisdiction. Youre not to have, uh, any contact with the father, and um, is there anything else?
AW: Not from the state. Thank you, Your Honor.
Judge: Alright. Thank you. Thank you, maam.
EJ: When do I get a lawyer?
Judge: Im sorry.
EJ: When do I get a lawyer? I dont understand.
Judge: Youre appointed a lawyer now. Were going to give you instructions on how to contact your lawyer.
EJ: Okay.
Judge: Thank you.
End of tape.
(I'm sorry, it's 6 pages long and the kids have been up and about.
)
