Elizabeth Johnson's attorney believes missing "Baby Gabriel" is alive

PHOENIX - The attorney representing Elizabeth Johnson, the mother of missing 'Baby Gabriel', is firing back at what is being said about his client.

"She wants the truth to come out," said Daniel Raynak while sitting in his central Phoenix office.  "She's not a monster, she's a young woman who cares deeply about her child."

Raynak agreed to sit down with me for an interview to answer questions about the case of missing Baby Gabriel and what he called, his frustrations about news stories about his client.

"She's not the person being portrayed in the media, I think she's a young person who has a lot of positive and good qualities. I think she's just very scared," said Raynak.

Johnson's son, Gabriel, vanished in San Antonio, Texas shortly after Christmas in 2009.

Since his disappearance, Johnson has refused to say where her son is.

I asked Raynak why his client won't say where the boy is and he replied, "She has tried to help authorities and point them in the right direction, she's been very cooperative in that regard."

As we've previously reported, detectives disagree and say Johnson has not been forthcoming with information on Gabriel's whereabouts.

When asked if she's been forthcoming with Raynak, he answered, "Yes, I have no problems with Elizabeth, she's very concerned about her case and she's very involved in her case."

Raynak would not talk about any details surrounding what Johnson has said to him regarding Gabriel's whereabouts or what she says happened.

"I don't discuss what I discuss with my clients," said Raynak.

Previously there had been reports Johnson was being held in isolation and under suicide watch, but Raynak told me that's not the case, at least anymore, and Johnson is in constant contact with his office.

"She's certainly able to communicate with us and call us on a regular basis which she does," said Raynak.

While he wouldn't discuss what he and his client have talked about, he told me he thinks the boy is alive.

"She (Elizabeth) tells me Gabriel is alive and I have no reason to doubt her," said Raynak. 

Raynak told me he plans to request the case against Johnson be dismissed, alleging her rights were violated when a San Antonio police officer questioned her without an attorney present.

"I think what the detective did was outrageous and I think that once we're able to show that to the judge we're hoping that he does dismiss the case," said Raynak.

Raynak is now trying to depose the detective involved and says he will ask for the dismissal following a deposition.

If it were dismissed, Johnson would be released from jail within 24 hours of the ruling, however, Raynak is planning for a trial.

"She (Elizabeth) wants to go to trial, and again, she wants the truth to come out."

At the end of my interview I asked Raynak if he believes we will see Gabriel again, he responded saying, "That's my hope and that's everyone elses hope as well."

A court hearing involving the case is scheduled for early next month and Raynak said his client will be in the courtroom.