Missing Ariz. baby's mom loses jail-release bid - FOX 10 News | myfoxphoenix.com

Missing Ariz. baby's mom loses jail-release bid

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Elizabeth Johnson on her sentencing day Elizabeth Johnson on her sentencing day
PHOENIX -

Thursday, the mother of missing baby Gabriel asked a judge to let her out of jail while she waits to be sentenced. That judge said no.

A few weeks ago, a jury found Elizabeth Johnson guilty of unlawful imprisonment and custodial interference in the disappearance of her son.

Her lawyer asked the judge to give her credit for the three years she's already served.

The judge denied that request, saying she could be sentenced to more jail time, longer than those three years she's already served.

So the judge ruled Johnson will stay behind bars without bond until she's sentenced.

Elizabeth Johnson smiled as she walked into court Thursday morning, hopeful she'd get out of jail. That didn't happen.

"As we stand right now… she's non bondable from my perspective," said Maricopa County Superior Court Judge Joseph Kreamer.

Judge Kreamer denied Johnson's release request. He said the case has aggravating factors, meaning she could get a harsher sentence than the average of two and a half years.

"I believe it was you [Johnson's attorney] who said in closing arguments telling the jury this could be the worst case of custodial interference, I think you said, in the history of the world. If I take you at your word -- that seems to be an aggravator."

Last month a jury found Johnson guilty of unlawful imprisonment. They also found her guilty of custodial interference.

"You could still say I'm going to give her probation," responded Johnson's defense attorney Marc Victor.

Johnson's attorney Marc Victor argued she should be able to bond out of jail because all the charges are eligible for probation. But the judge said Johnson's case is different from any other case and he rules on each case individually.

"I don't know where I'm going to land. I could see me giving her consecutive prison and giving her more time than she's spent," the judge said. "I want to make it clear to you and to Ms. Johnson I haven't made the determination yet."

That decision will be made at Johnson's sentencing on December 7th. She's facing two to nine years in prison – again, she's already served nearly 3 years.

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