Mother of 'Baby Gabriel' Elizabeth Johnson could be released from jail

PHOENIX - The mother of Baby Gabriel, Elizabeth Johnson, could walk out of jail on Thursday if a judge agrees to modify her release conditions.

Johnson is scheduled to be in court at 9:30 a.m. and is asking she be released on her own recognizance.

ABC15 has learned, if she is released, Johnson’s attorney is worried about Johnson’s safety because people have made threats online to hurt or kill her.

Johnson has been behind bars since December 2009. She’s currently behind held on a $1 million cash bond in connection with the disappearance of her son, Gabriel.

Earlier this month, a jury found Johnson guilty of custodial interference charges but not guilty of kidnapping and instead a less serious crime of unlawful imprisonment.

As a result, Johnson’s attorney, Marc Victor, filed a motion asking the judge to release Johnson until she is sentenced arguing the million dollar bond is too high because Johnson has no prior felony convictions. He added Johnson was only found guilty on charges that are all eligible for probation.

A lot of people across the county have been critical of Johnson since the beginning of the case and there have been multiple threats against Johnson made online.

“Her case is one of which people have polarized positions on,” said Victor. “We have a plan in place for if she's released - what to do with her [that] we hope would reasonably keep her safe if indeed there are crazy people out there who would intend to commit crimes on Elizabeth Johnson because they don't like the verdict,” said Victor.

Victor told ABC15 Johnson is aware of the concerns.

Victor would not elaborate on who Johnson would be staying with but added a judge would likely require her to remain in Arizona until her sentencing date which the judge will schedule at Thursday’s hearing.

Victor said Johnson is hopeful she’ll be released.

“She plans to do her best to get past this, to do good things in the world and to go as far as she can to sort of explain what happened in this case. There are lot of things for her to say that I think if people understood they would have a little bit different opinion of her,” said Victor.