Logan McQueary Wins Custody of Baby Gabriel: Mom Elizabeth Johnson Cries Heartbreak Tears

According to a KPHO video, on March 26,2010, a Maricopa County Superior Court Judge Michael McVey awarded sole legal custody of missing baby Gabriel Johnson, now age ten months, to the alleged father, Logan McQueary. Elizabeth Johnson, the mother, was given no parenting time until such time that she petitions the court for it. When McQueary was asked by the judge if Johnson should be awarded parenting time at a future date, he said, "No."

The judge drilled Johnson as to the whereabouts of missing Baby Gabriel. As shown in another KPHO video, she took the Fifth Amendment and to each question repeated her right to remain silent. Her criminal attorney was with her and was telling her what to say. After Johnson returned to her seat, her brave face puckered up and teardrops ran down her cheeks.

Elizabeth Johnson may be protecting the child that she first said she killed- a statement that she had only ever said to McQueary, via text messages and phone calls. She has never told that story to anyone else. She in fact afterwards called Tammi Smith, the woman who had hoped to adopt Baby Gabriel, and told her that the baby was safe. Johnson has admitted that what she had said was wrong. Her second story, which seems to be the truth is that she gave away Baby Gabriel- whether he was illegally adopted through an underground adoption agency remains to be seen- as a CNN transcript shows. But the general consensus is that Baby Gabriel is alive.

As Johnson was about to enter the Maricopa County courthouse today, a KPHO reporter asked, "Why won't you tell us where the baby is? Did you give the baby away?" Johnson replied, "I told all that." The reporter then asked, just as Johnson was just to about to pass through the door, "Did you hurt your baby?" Johnson turned her head and said, "No."

Johnson seems to believe that Baby Gabriel is safer with the couple to whom she gave the baby than he would be with Logan McQueary, who was in jail during several months of her pregnancy according to court documents (see image excerpt included with this article). Johnson maintains that McQueary also spent some time in jail before her pregnancy and after Baby Gabriel was born.

According to KPHO, Johnson questions McQueary's paternity. On December 14, 2009, she filed a Paternity Petition. Since she was the one requesting the parentage testing, she was the one who must pay for it. However, on December 17 2009, the judge pronounced McQueary, also there in court, to be the natural father without ordering the parentage testing.

According to Tammi Smith in a Nancy Grace CNN transcript Johnson was receiving a monthly grant [worth $888.00] from The Special Supplemental Nutrition Program for Women, Infants, and Children (WIC). Stringent financial guidelines qualify participants. The Federal assistance program provided healthcare (immunizations and other health programs) and nutrition (food items) for Johnson and Gabriel. Her grant was given in either check-vouchers or an EBT card. It could only be used to buy WIC-approved items. This

While the cameras in the courtroom caught Johnson glancing McQueary's way, McQueary was never caught looking her way. Video of Ms. Johnson in court today. He seemed expressionless as he seemed to be staring straight ahead. KPHO reports that in the next few weeks, Judge McVey 'will consider holding Johnson in contempt of court for failing to answer his questions during the civil hearing today. Her attorney believes she will not be held in contempt because of the circumstance of her concurrent criminal case and her constitutional right not to incriminate herself'.