8 Oct 2010 - Elizabeth's attorneys move for dismissal

[BeanE]

I dunno, w/o a body, and murder evidence, can they just charge her with murder?

They can and will if and when the DA feels confident of a conviction.

My thought was this, was this detective in love with her and wanted to help her go free by intentionally violating these rules? I can't imagine WHY else on earth he'd do this, given he's in LE. Did he really mean it that he's her "friend" and wanted to help her, and this is how he is going to help her get out

ummmm... no. Just... no. Detective Salame is from SAPD. SAPD believes Elizabeth murdered Gabe. If homicide charges are brought, they will be brought by San Antonio, the jurisdiction in which they believe she killed him. Note Chief McManus' comment in the WOAI video interview in which he says that Salame thought it was okay to interview her because it was in regards to the San Antonio charges (homicide), versus the Tempe charges (kidnapping etc).

Also, even if the detective did violate certain rules, WHY would this end in EJ's kidnapping charges being dropped? Did she NOT kidnap Gabrile and possibly kill him? I mean, why does GABRIEL end up paying for it when the detective made a legal error? Why does Elizabeth go FREE if the detective made a legal error? Punish the detective or void the evidence from the interview?

It is SO bizarre to me that this would be a possible outcome.
would someone please explain WHY an error of the detective, would result in EJ being freed and GABRIEL getting no justice for being missing or dead? Why does the detective's mistake make EJ's actions OKAY?

1 more thing - I wonder WHY is this coming out only now? i remember a while back, when EJ wanted to fire Alcock, she said that her grandma had paid them 50k (?) or something because they promised they'd get her off on a procedural error but that never happened. i guess this is what she is talking about... i don't recall where i saw it, does anyone have the link? Is this Alcock's strategy to protect his own reputation, or a timed attempt to save EJ after the insanity plea did not work out?

Also, even if the detective did violate certain rules, WHY would this end in EJ's kidnapping charges being dropped? Did she NOT kidnap Gabrile and possibly kill him? I mean, why does GABRIEL end up paying for it when the detective made a legal error? Why does Elizabeth go FREE if the detective made a legal error? Punish the detective or void the evidence from the interview?

It is SO bizarre to me that this would be a possible outcome.
would someone please explain WHY an error of the detective, would result in EJ being freed and GABRIEL getting no justice for being missing or dead? Why does the detective's mistake make EJ's actions OKAY?

AZlawyer could explain it better than I could, but it is because it was a violation of her constitutional rights if the detective interviewed her about any of her current charges without her attorney present. He knew she had an attorney. He knew he could not interview her about those charges without her attorney present.

Based on McManus' comment, if Salame interviewed her *only* in regard to San Antonio charges, specifically homicide, then there *may* be a chance her current charges wouldn't be dropped. I'm not confident of this though, because the charges are so closely related.

1 more thing - I wonder WHY is this coming out only now?

It was reported in MSM some time ago.

 

[Ransom]

http://www.kpho.com/news/25361989/detail.html

Elizabeth Johnson Confident She Will Soon Be Set Free​

PHOENIX -- Elizabeth Johnson hadn't talked to her grandfather in months, but she called him from behind bars last Friday in good spirits, happy and confident that she will soon be set free. It was just last week that Elizabeth Johnson's attorneys filed a motion to have all of the criminal charges against her dropped.

and later in the article

CBS5 News spoke with Logan McQueary, Gabriel's father. He said he talked with Detective Salame on the phone for more than an hour Monday. McQueary was not happy that Salame may have damaged the case against Johnson, but after the call, he said Salame convinced him that the interview with Gabriel's mother was proper.

 

[BeanE]

Elizabeth Johnson Confident She Will Soon Be Set Free
Johnson Told Grandfather She Is Happy, Hopeful
POSTED: 10:15 pm MST October 11, 2010
UPDATED: 10:45 pm MST October 11, 2010

Elizabeth Johnson hadn't talked to her grandfather in months, but she called him from behind bars last Friday in good spirits, happy and confident that she will soon be set free.

snip

He also told CBS5 News that she seems much more stable now that she is taking anti-anxiety medicine. But he said she would still rather stay in jail than see Gabriel safely returned to his biological father, Logan McQueary.

CBS5 News has also learned that after the interrogation, that lasted more than three hours and involved crying, praying, touching and hand-holding, San Antonio Detective Jesse Salame went straight to the Tempe Police Department to debrief local investigators.

snip

CBS5 News spoke with Logan McQueary, Gabriel's father. He said he talked with Detective Salame on the phone for more than an hour Monday.

McQueary was not happy that Salame may have damaged the case against Johnson, but after the call, he said Salame convinced him that the interview with Gabriel's mother was proper.

McQueary said of Johnson's attorney, "I think Alcock is talking it up. This is all a show because he knows this is the only way she will get out of jail anytime soon. We are still looking for Gabe. We don't know what happened to him, and she shouldn't be let out until we know the truth."

http://www.kpho.com/news/25361989/detail.html

 

[kappy50]

They can and will if and when the DA feels confident of a conviction.




ummmm... no. Just... no. Detective Salame is from SAPD. SAPD believes Elizabeth murdered Gabe. If homicide charges are brought, they will be brought by San Antonio, the jurisdiction in which they believe she killed him. Note Chief McManus' comment in the WOAI video interview in which he says that Salame thought it was okay to interview her because it was in regards to the San Antonio charges (homicide), versus the Tempe charges (kidnapping etc).








AZlawyer could explain it better than I could, but it is because it was a violation of her constitutional rights if the detective interviewed her about any of her current charges without her attorney present. He knew she had an attorney. He knew he could not interview her about those charges without her attorney present.

Based on McManus' comment, if Salame interviewed her *only* in regard to San Antonio charges, specifically homicide, then there *may* be a chance her current charges wouldn't be dropped. I'm not confident of this though, because the charges are so closely related.




It was reported in MSM some time ago.

well I know I have slept since this case began, but have charges been filed against her in SA ? I know they talked about possible "Aggrivated Homicide"...but did they ever do it ?

 

[BeanE]

well I know I have slept since this case began, but have charges been filed against her in SA ? I know they talked about possible "Aggrivated Homicide"...but did they ever do it ?

No, no charges filed.

 

[iluvmua]

I'm confident EJ will eventually be charged with Murder.

 

[OneLove]

Was a cadaver dog ever used in Elizabeth's hotel room and her car in San Antonio?

 

[TXHOPE]

Respectfully snipped:

ummmm... no. Just... no. Detective Salame is from SAPD. SAPD believes Elizabeth murdered Gabe. If homicide charges are brought, they will be brought by San Antonio, the jurisdiction in which they believe she killed him. Note Chief McManus' comment in the WOAI video interview in which he says that Salame thought it was okay to interview her because it was in regards to the San Antonio charges (homicide), versus the Tempe charges (kidnapping etc).

SAPD believes Elizabeth murdered Gabriel? I thought they were unsure and that is why a missing persons case has been left open as well. Has something changed?

 

[kappy50]

Elizabeth Johnson Confident She Will Soon Be Set Free
Johnson Told Grandfather She Is Happy, Hopeful
POSTED: 10:15 pm MST October 11, 2010
UPDATED: 10:45 pm MST October 11, 2010

Elizabeth Johnson hadn't talked to her grandfather in months, but she called him from behind bars last Friday in good spirits, happy and confident that she will soon be set free.

snip

He also told CBS5 News that she seems much more stable now that she is taking anti-anxiety medicine. But he said she would still rather stay in jail than see Gabriel safely returned to his biological father, Logan McQueary.

I'm not discounting the reporters story here, but I would really be interested to know if in fact Grandpa said this.. or if they took this information from older reports and incorprated it in this one. Just curious...

 

[noopy]

I am so digusted with this if she really gets away with possib murder after something so trivial. What kind of message is this sending to our society, no wonder so many babies go missing or get killed every year, cuz apparently, it's A-OKAY. She reminds me of Joran Van Der Sloot, my opinion is 100% he killed those 2 women, yet he's also crying about his rights being violated. It seems if you kill someone, and just deny it and keep yapping about attorneys, then you will never be charged. Is that the message here to other criminals?

adding: How can that Alcock sleep at night?

 

[kappy50]

I'm still scratching my head how all this happened. Something happened between mid April and May 10th that prompted Det. Salame to go to AZ. May have been a hunch or something. I don't know. But what seems to be apparent lots of LE were involved on both sides...and knowing protocol...didn't follow that...therefore they had to know what the end results could be...if indeed exposed...now if this turns into a mis-trial..it's no one's fault but LE...good intentions gone bad possibly....but should have know better. And she could actually walk out a free person...hummmmm...

 

[noopy]

hmmmm....... Makes me wonder if this detective from SA was really close to getting a confession out of her.

even if he did get a confession on that day, i'm sure EJ would reneg it (she did confess on the very first day to logan in a text!)... or her attorneys would whine about it to no end until either the evidence was thrown out or the whole case dropped.

 

[kappy50]

I am so digusted with this if she really gets away with possib murder after something so trivial. What kind of message is this sending to our society, no wonder so many babies go missing or get killed every year, cuz apparently, it's A-OKAY. She reminds me of Joran Van Der Sloot, my opinion is 100% he killed those 2 women, yet he's also crying about his rights being violated. It seems if you kill someone, and just deny it and keep yapping about attorneys, then you will never be charged. Is that the message here to other criminals?

adding: How can that Alcock sleep at night?

noopy...I so understand your passion...unfortunately....this was just a big BOO BOO by LE that should have never happened. Sad to say for sure.

 

[momtective]

I am so digusted with this if she really gets away with possib murder after something so trivial. What kind of message is this sending to our society, no wonder so many babies go missing or get killed every year, cuz apparently, it's A-OKAY. She reminds me of Joran Van Der Sloot, my opinion is 100% he killed those 2 women, yet he's also crying about his rights being violated. It seems if you kill someone, and just deny it and keep yapping about attorneys, then you will never be charged. Is that the message here to other criminals?

adding: How can that Alcock sleep at night?

I don't see how anyone involved in this travesty sleeps at night...least of all the people who have Gabriel or those who assisted EJ. :banghead:

 

[noopy]

noopy...I so understand your passion...unfortunately....this was just a big BOO BOO by LE that should have never happened. Sad to say for sure.

i still don't understand the logic why 2 wrongs make a right... how is she ever able to walk free when gabriel is missing or dead? whatever the detective did doesn't change the fact that we don't know where gabriel is and she is the only suspect.

i don't follow many cases, but i guess there are the likes of joran van vds who killed then walked and killed again and will prob walk again.

 

[BeanE]

I am so digusted with this if she really gets away with possib murder after something so trivial. What kind of message is this sending to our society, no wonder so many babies go missing or get killed every year, cuz apparently, it's A-OKAY. She reminds me of Joran Van Der Sloot, my opinion is 100% he killed those 2 women, yet he's also crying about his rights being violated. It seems if you kill someone, and just deny it and keep yapping about attorneys, then you will never be charged. Is that the message here to other criminals?

adding: How can that Alcock sleep at night?

BBM. Alcock? What did he do? It's the detective who appears to have done something very, very wrong that caused this current situation.

 

[BeanE]

i still don't understand the logic why 2 wrongs make a right... how is she ever able to walk free when gabriel is missing or dead? whatever the detective did doesn't change the fact that we don't know where gabriel is and she is the only suspect.

i don't follow many cases, but i guess there are the likes of joran van vds who killed then walked and killed again and will prob walk again.

Yes, it happens, that people who commit horrible crimes go free, when the legal process is violated. That's what makes it so hard for me to understand how Salame could do such a thing.

I am just sick over this.

 

[iluvmua]

Respectfully snipped:


SAPD believes Elizabeth murdered Gabriel? I thought they were unsure and that is why a missing persons case has been left open as well. Has something changed?

It's possible they might have some sort of evidence that he was killed.
they are not going to reveal everything they know.

if they do have some sort of evidence, I hope they eventually charge EJ with First Degree Murder.

 

[jessicat]

Was a cadaver dog ever used in Elizabeth's hotel room and her car in San Antonio?

I have never heard here in SA on the local news if that was done or not but I can tell you given recent developments I would not be surprised if it did NOT happen. I'm disgusted by this turn of events and would really like Chief McManus to say something about what he plans to do about his detective that knew better. In my book there is no excuse for this. Salame could very well be the one who causes this case to implode and he should have to answer to that.:furious:

 

[TXHOPE]

Where in the MSM does it state that SAPD now believes Elizabeth Johnson killed Gabriel? I'm not finding it. Does anyone have a link?