Elizabeth Johnson's Court Hearings & Charges

5/19/2011

RULING


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

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.
 
I've been pretty busy with the casey anthony trial, so I decided to get in here early just so I could browse through Gabriels stuff . . . .


IT IS ORDERED appointing Dr. Gwen Levitt, Dr. Thomas Geen and Dr. Bruce Kushner
to conduct an evaluation of the above named defendant

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

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

---------------------------------------


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.


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

----------------------------------------------------


Defendant has submitted the interview conducted by Detective Salame for in camera
review. The Court has reviewed the objections noted by Defendant; and the objections are sustained except for the following. On page 10 of the interview, lines 17-25 shall be disclosed. On page 11 of the interview, lines 1-13 shall be disclosed. On page 21 of the interview, lines 23-25 shall be disclosed. On page 22 of the interview, lines 1-13 shall be disclosed. The remainder of the redactions shall not be disclosed to the State.

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




I cannot believe this has gone on this long and still NOTHING!
 
http://www.courtminutes.maricopa.gov/docs/Criminal/062011/m4756105.pdf

Minute Order 6/6/2011

Hearing-Rule 11-Notice of Appointment

IT IS ORDERED allowing Dr. Bruce Kushner and Dr. Thomas Geen to withdraw as mental health experts in the above-entitled matter and appointing Dr. Anne Harris and Dr. John Shaughnessy to conduct an evaluation of the above named Defendant pursuant to Arizona Rules of Criminal Procedure 11.3 and A.R.S. § 13-4509.
 
I don't understand the withdrawals of the mental health experts. Did ej's atty not like what they were saying?

What's really tragic here, is that there's a baby out there . . . . somewhere - who, if he is still alive, his life could be in danger - and we're STILL going through all these shenanigans. WHEN will someone put Gabriel first?!?!?!
 
The people involved in the criminal proceedings who SHOULD be putting him first are his mother and Tammi Smith, who have the information that LE and Gabriel's father need. No one can make them talk, unfortunately.
 
release what??

I think it's a motion to reduce Elizabeth's bond. A similarly titled motion was filed last fall (denied). Looks like the state's response was filed around the time the psych reports were due on the new Rule 11 evaluations.
 
In less than two weeks, Elizabeth Johnson will know whether she is deemed competent to stand trial in the case of her missing son Gabriel — or whether she is on her way to being committed to a state mental hospital.


Whole article at link.

http://www.msnbc.msn.com/id/43849186/ns/local_news-phoenix_az/

FWIW

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

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

This Rule 11 was initiated by the judge, not the defense. It came after expert psych testimony (for the defense) at the hearing on the Motion to Dismiss as a result of Det. Salame's interview and was to the effect that Salame destroyed EJ's ability to trust her attorneys.

AFAIK, the trial date was vacated as stated above.

A later Minute Order required the Rule 11 reports to be submitted by 7/15 so that should have been done already.
 
http://www.eastvalleytribune.com/local/article_49515e9c-b3f7-11e0-888f-001cc4c03286.html

"Johnson had planned to start over and live with her grandmother, who was in the process of moving to Florida from Boston."

Grandma Sylvia told LE on 1/1/2010 that she hadn't heard from
EJ in a long time (sounds like several months from her statement). So was this a plan in the works for months?

(docs part 1,page 101 of 153)

http://www.examiner.com/crime-in-na...eased-january-18-2011-missing-baby-case-video

(The pdf links no longer work- anybody have part 2?)
 

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