Elizabeth Johnson Shocker: She Agreed to Return Home with Baby Gabriel

Jack and Tammi Smith urged Elizabeth Johnson to return home with her then eight-month-old son, Gabriel Johnson. The shocker is that, according to the Smiths on CNN's Nancy Grace show, Johnson agreed. "Sunday morning, she was going to come back. We had offered to help her with an attorney so that she could keep the custody and the custody would not go to the father," said Tammi Peters Smith. The young mother had run away with her son for a week in December 2009 from San Antonio Texas to Tempe Arizona, as reported by CBS. How did the Smiths convince her to return? And why didn't she? At the end of this article, there is a link to Johnson's jailhouse interview, in which she talks about what she did with Gabriel and why.

Johnson agreed to return when Jack and Tammi Smith made a tempting offer, which later circulated on the Internet. They told her they would adopt her. They urged her to return to Arizona with Gabriel (see authentic e-mails on last page of article). They would give Johnson and her son a home- and Johnson could finish school. The Smiths would assist with her custody battle (see first paragraph with embedded source) and they would do Gabriel's visitation exchanges with the alleged father, Logan McQueary.

But on December 26, something changed Johnson's mind. It was to become the last day that Gabriel was seen, with his mother. What triggered Johnson's flight with Gabriel to Texas and what happened during their last week together?

Johnson's Texas expedition was partially triggered by the decision made on Thursday December 17 by the Superior Court of Arizona, Maricopa County, to award joint custody of Gabriel to Johnson and McQueary. Temporary Parenting Time Orders were also given (reported in my 1/18/2010 article). The court document, which is public record and which I have in my possession, shows the following- "until the [March 26] trial, the child shall reside with Mother from Wednesday morning at 8:00am until Sunday morning at 8am and with Father from Sunday at 8am through Wednesday at 8am".

On Friday December 18, the day after the court decision, Johnson asked Scottsdale couple Jack and Tammi Smith to return Gabriel to her. The Smiths, who had guardianship of Gabriel per Johnson, dropped off Gabriel at Johnson's trailer. This is true because all the news media outlets have reported that Johnson left Tempe with Gabriel in her grandfather's Oldsmobile. (Here is just one of the many sources).

According to the aforementioned court order, McQueary was to start his segment of parenting time with Gabriel on the Sunday morning of December 20. But it was on that Sunday that Johnson arrived with Gabriel in Texas- and booked a hotel room for a week. According to a friend close to the Smiths, during the weekend, Tammi Smith called the landline at Johnson's Tempe trailer home several times. Johnson didn't answer. Smith left messages.

The Smiths were worried about Elizabeth and Gabriel Johnson, so stated my source. When Monday came, they went to McQueary's workplace to ask about the mother and son. McQueary was not at work and the manager did not have a phone number for him. From home, Tammi Smith researched numbers and reached Logan McQueary's father, who notified Logan- who then telephoned Tammi Smith that afternoon and told her how to contact Johnson in Texas.

The Smiths told CNN's Nancy Grace that Johnson told them that McQueary was agreeing to the Smiths' adoption of Gabriel and then he wasn't, then he was, then he wasn't... Tammi Smith has said that Frank and Logan McQueary were trying to do something to Elizabeth Johnson (see 12/29 e-mail at the end of this article- this is ). Frank allegedly wanted Logan to hurt Elizabeth by taking Gabriel away from her.

During her week in Texas, Elizabeth Johnson sought help from women's organizations. Meanwhile, the Smiths urged her to return home with Gabriel. Some people who heard the Smiths say this in their interviews with CNN's Nancy Grace disbelieved them. However, several e-mails between Tammi Smith and Johnson support the Smiths' public statements. A few of those actual e-mails are included at the end of this article.

Sometime between December 21 and December 25, the Smiths convinced Johnson to return home with Gabriel. Their attorney, Ken Schutt, started drawing up the legal papers for her adoption. He also agreed to attend the custodial hearing for Johnson, scheduled on December 28, in Phoenix.

But on December 26, Logan McQueary started calling Johnson. And when Johnson next talked to Smith, she told her that she was not returning to Arizona with Gabriel after all. And she told her not to send her attorney to the custodial hearing. At this point, only Johnson and McQueary can say what they talked about. But the result was that December 26 became the last day that Gabriel Johnson was seen, with his mother.

On December 27, Johnson and McQueary exchanged more phone calls and text messages. And it was on this day that Johnson told McQueary that she had killed Gabriel. Then, McQueary called the police and reported Johnson's 'death' messages. No one has yet revealed exactly what McQueary wrote or said to Johnson. But we do know that Johnson said that McQueary (see the last paragraph for the KPHO news story link) at some point told her that she would be arrested for kidnapping- she said so on the KPHO video, the link is embedded in the last paragraph as 'listen to it now'.

As of December 27, Johnson would not phone Tammi Smith. She would only communicate via cell phone text messages and e-mails. She told her that the baby was fine. Smith said she knew Johnson hadn't harmed him. "I know you didn't kill him, but the police don't know that. They just need to verify he's not dead or hurt and you can live the rest of your life, not having to hide anymore,' wrote Smith in an e-mail. The Smiths contacted their attorney, Ken Schutt, about Johnson. On December 28, Schutt wrote to the Smiths (this is an excerpt of Schutt's ACTUAL letter)-

"I have concluded that your friend [Elizabeth] needs a family law attorney to lead [her] through the maze that is the family law court system. They have a completely different set of rule and procedures, none of with which I am familiar. Please immediately call one of the following attorneys/ firms for advice on how Elizabeth should handle today's hearing [the scheduled custodial hearing]."

The attorney gave the names and then went on to say that one of his references has much experience in 'family law matters, including domestic violence'.

When Smith was unable to reach her attorney later, she called Janet Morris (whose home the FBI were to later search for Gabriel) in Tennessee. In the adoption field, Morris works with attorneys who deal custody and adoption issues. She advised Smith that Johnson absolutely must return to Arizona.

But when Smith told her that she must return, Johnson was skeptical and refused. She told Smith that she would never call her again because she was going to disappear. Her plan- as her grandfather Bob Johnson would reveal in ensuing news reports- was to get fake social security numbers and IDs. According to KPHO, Bob Johnson said, "She had this cockamamie idea that she was going to change her Social Security number and name and his Social Security number and name and run forever."Johnson told Smith that she had found an underground shelter that would help her.

Those who watched the Smiths talk to Nancy Grace may recall the Smiths talking about jurisdiction. The idea was to change the jurisdiction for the December 28 custodial hearing. However, a simple Internet search shows that once a court hearing is started in Arizona, the jurisdiction cannot be changed. If Johnson had changed her mind that day about attending the hearing, she was too far away to make an appearance.

When Johnson was interviewed by telephone from her jail cell by KPHO, a CBS news affiliate, Jack and Tammi Smith were also on the line with the reporter. Listen to it now and reflect on what Elizabeth said in the early days after her arrest. Do they make more sense now?

Some sources are embedded.

These are just a few of the ACTUAL e-mails between Tammi Smith and Elizabeth Johnson. They are unchanged except that phone numbers are censored; also a very few punctuation marks are altered. You'll notice that Smith and Johnson communicate not only as if Gabriel is alive but also as if Johnson still has access to Gabriel, even though he was officially missing as of December 27. In fact, it almost sounds as if Johnson still has Gabriel with her.

12/29/2009 5:51 PM To: elizabeth

I believe in my heart that you would never hurt him, but the detectives have a recording of you telling Logan that you killed him and you sounded very scared and distraught. We are also distraught! We love Gabriel and You, and you are going to get yourself in a lot trouble if you don't come forward very, very soon. As we told you all this time, if you do the right thing, everything will work out for the good. I really mean that! The lead Detective on this case really feels for you and he wants to help you!!! You can call Detective Aguilera at xxx-xxx-xxxx. He truly wants to help you! He is also a Negotiator and he said that what Logan and his dad did to you was very wrong and uncalled for. He said so far you aren't in any trouble because you were technically never served yet. But if you don't come forward soon, you could be in some serious trouble. Just call detective Aguilera, Please...

12/29/2009 6:43 PM To: tammifay

tammi, i will never come forward, yes what i said was wrong but i wanted him to hurt like he hurt me so thats why i said all that. me and gabriel are fine, in fact great i just got a full time job under a fake name and the owner is very understanding of my situation, and is willing to help me get new id's and stuff. I can not let you or anyone else no where i am, just know i am getting lots of help, i am very smart and resourceful, and that i am one of the most compedant people you will ever meet. I have always taken care of myself by myself as long as i can remember. i can't call in fear of phone records. I am ever worried this email can be traced to where i am, so i probably won't email again, but i had to let you know we are all right because i know you must be worried sick, and i am soo sorry for that i really am. YOU and jack are such good people.

Elizabeth was Johnson was arrested on December 30. She may not have seen this next e-mail. She did not see the last one.

12/30/2009 7:49 AM To: elizabeth

Thank you so much for letting me know that your both are OK! I miss that little angel! I knew that you could never hurt him. A mother has to really love her child enough to give him up to a good family in order to give him a more meaningfully life.

Be safe,

Tammi

12/31/2009 10:09 AM To: elizabeth

Ok, I'm gonna try to help you here and I pray that you understand and do the right thing so you and Gabriel can be free forever!

Detective Patricia Ramirez came here yesterday to do an interview with us. She is now leading the investigation. Because she deals with Homicide and Sex Crimes. She said that if you go to any police officer (write down your name and Gabriel's name with Det. Ramirez name and phone # (xxx) xxx-xxxx on it and give to the officer) tell him to take a good look at you two and then once you leave he can call Det. Ramirez to let her know you two are both safe.