'Baby Gabriel' case: Mother Elizabeth Johnson will not be released at this time, judge says

PHOENIX - The mother of missing "Baby Gabriel" wanted to get out of jail Thursday, but a judge has denied her wish.

Elizabeth Johnson has been locked up for three years and her son is still nowhere to be found.

The judge ruled just before 11 a.m. that Johnson is "non-bondable" meaning she will not be released from jail at this time.

Her sentencing date has been set for Dec. 7.

Johnson's attorney, Marc Victor, is worried someone might try to hurt or even kill her if she were released.

"I hope that people would be sensible in terms of not committing crimes against her," Victor told ABC15.

She's been in jail since December 2009.

Earlier this month, a jury found Johnson guilty of custodial interference, but not guilty of kidnapping in the case.

She was held on a $1 million cash bond, which her attorney argues is too high because she has no other felony convictions.

The judge who denied Johnson's release request said he thinks she will probably face a prison term on top of the nearly three years she has spent in jail. She now faces two to nine years in prison.