A judge who postponed Elizabeth Johnson's competency hearing until Aug. 11 said Tuesday he is concerned that four of five doctors who have examined Baby Gabriel's mother have found her incompetent to stand trial.
Johnson, 25, is charged with kidnapping, child abuse and custodial interference in the December 2009 disappearance of her son, Gabriel Johnson. She again refused to be transported to court Tuesday.
The next step is for attorneys, if they choose, to interview the doctors who examined Johnson.
Maricopa County Superior Court Judge Paul McMurdie said he hopes the attorneys' discussions with the evaluating physicians include plans for restoring Johnson to competency.
"I want to make sure there is a plan to make her restorable," McMurdie said.
Johnson must be present for her competency hearing, McMurdie said.
In the most recent examinations, two doctors found Johnson incompetent and one found her competent. Of the two who found her incompetent, one said she is restorable, and one said she is not, said defense attorney Marci Kratter.
Previously, two other doctors found her incompetent to stand trial, but also found her restorable.
"I think there is a real issue on whether she is restorable," Attorney Dan Raynak said. "We will be focusing on whether or not she is restorable."
Kratter, too, said she fears that Johnson's mental health is deteriorating. She has previously been restored to competency, only to again be found incompetent to cooperate with her attorneys.
The defense argues that Johnson is unable to cooperate with attorneys because of a jailhouse visit from a San Antonino detective. The detective, Jesse Salame, gave Johnson candy, had her unshackled, touched her legs, and told her she could not trust her attorneys, Raynak said.
"He has so fractured her ability to trust anybody," said Kratter of the detective.
Should McMurdie rule that Johnson is incapable of ever cooperating with attorneys, she could be committed to a psychiatric facility instead of facing a jury trial.
Meanwhile, Tammi Smith, 39, the Scottsdale matron who wanted to adopt Baby Gabriel, faces forgery and custodial interference charges in the baby's disappearance.
Her trial was continued until Oct. 5, her attorney said, but because of professional and personal issues involving several attorneys in the case, the trial start may be pushed into 2012, said her attorney, Anne Phillips.
Smith's trial will follow Johnson's, if Johnson has one.
Phillips has requested that the state provide emails and correspondence from people who have a negative opinion of Smith. Such a public opinion might jeopardize a jury pool, she said.
Read more: http://www.azcentral.com/news/articles/2011/08/02/20110802baby-gabriel-case-mother-postponed-elizabeth-johnson.html#ixzz1UI6ttfr0
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