Maricopa County Superior Court Judge Paul McMurdie today set a Sept. 16 competency hearing for 25-year-old Elizabeth Johnson and ordered her to attend.
Johnson has refused to go to many hearings in her case.
The Arizona Republic says McMurdie denied motions that would have removed the county Attorney's Office from the case and allowed Johnson to be released on house arrest with a monitor.
Johnson is charged with kidnapping, child abuse, conspiracy to commit custodial interference and custodial interference. She's been jailed without bond since January 2010.
Johnson's 8-month-old son Gabriel was last seen with her in San Antonio, Texas. Authorities don't know whether the boy is alive.
The mother of "Baby Gabriel," Elizabeth Johnson, put him in a car and drove him to Texas over a year ago, but her stories as to what happened to him once they got to San Antonio are all over the map. But Elizabeth Johnson also told CBS affiliate KPHO, in a phone interview, that she gave Gabriel to a couple she didn't know at a San Antonio park, and that she only said she killed the boy to get back at McQueary.
"It pisses me off to see her," said Logan McQueary, Gabriel's father who saw her for the first time in May of this year. "I've thought about it that way that I may never see him again and we may never know what happened to him and I don't know what I would do. I still have to think about that fact that I don't know if I'll ever give him a funeral or if he's out there. I didn't even get to celebrate his first birthday with him," said McQueary.
Elizabeth Johnson, admits to killing the child in a phone call to the baby's father.
In the phone conversation, recorded by McQueary when Johnson was on the run with Gabriel in Texas last December, she tells her former beau that "you destroyed my life...you made me kill my baby boy."
Below is the rest of the conversation:
"Where are you and where is Gabriel?" asks McQueary.
"Gabriel is in a Dumpster," Johnson responds.
"No, he's not," said McQueary.
"You want to talk to girls, that's the price you pay," said Johnson.
|Cops believe this was taken the last day he was seen. Notice how drowsy he looks while holding the medicine bottle.|
At the time, Johnson and McQueary had broken up because McQueary was reportedly flirting with other women via-Facebook.
The conversation continues:
"I killed him this morning," claimed Johnson.
"No, you didn't," said McQueary.
Johnson responded with, "I couldn't do it anymore, I couldn't do it alone. You made it impossible for me to have my own life. You made it impossible for me to have Gabriel. You were going to take the only thing I had left. You wanted to take from me. You wanted to make me miserable. So find some new girl to make your new baby."
"Don't you care about me? All you care about is Gabriel. And he's gone now. You know what I'm capable of and you pushed me anyway. You destroyed my life," said Johnson.
"I haven't destroyed anything," said McQueary.
"Yes, you have, Logan. You made me kill my baby boy," said Johnson.
"You made me do this," Johnson tells McQueary.
"You did not hurt Gabriel," said McQueary.
"Yes, I did. I suffocated him. I suffocated him and he turned blue. I put him in a diaper bag and put him in a trash can," said Johnson.