Elizabeth Johnson, the mother of missing baby Gabriel Johnson, learns her fate Friday

PHOENIX - With her son still missing, Elizabeth Johnson could walk out of jail Friday.

Since 'Baby Gabriel' vanished the day after Christmas in 2009, Johnson has refused to say what exactly she did with the boy.

Gabriel was 8 months old at the time and last seen in San Antonio, Texas.

At one point, Elizabeth said she killed the boy, then later changed her story, saying she gave him away to a couple in a Texas park.

This afternoon, the Tempe mom will be sentenced which could range from time served to probation to more jail time.


At Johnson's last court appearance, the judge alluded to more prison time for her on top of the three years she's already served in jail.

However, Johnson's attorney, Marc Victor, said he'll be pushing for probation.

"She's served three years at this point, what really makes sense is to put her on probation. If she messes up on probation, if she violates probation, you can always put her back in prison at that point," Victor told ABC15.

He said he gets e-mails from people angry with Johnson, but also people who support her and are offering to take her into their homes.

Victor said he expects Johnson will address the judge today.

"She's remorseful, she feels terrible, she wishes she could take it back, have a redo," Victor said.

Victor feels the evidence is "very solid" that Johnson did give the baby to a couple in Texas.

"She doesn't have the ability to say 'Look here's where the baby is.' If she did, she would love to see Gabriel, she would love to undo the giving of the baby to that couple in Texas."

Last month Johnson was convicted of unlawful imprisonment, custodial interference and conspiracy to commit custodial interference.

She was found not guilty on a kidnapping charge.

At the time, Victor described the situation as a win for Johnson.

Johnson has been in custody since her child's disappearance.

If Elizabeth is released, her grandfather Bob Johnson told ABC15 she won't be going to his house.

"If she should be so lucky to get out of there, she's got to go into obscurity," Bob Johnson said during an interview Thursday night. "She cannot come to live with me or her brother, it's unsafe for her, it's unsafe for us."

Bob Johnson said it's unsafe for him because he said many people don't like Elizabeth and it creates a safety concern.

Bob went on to say his granddaughter is not a bad person, only a person who has made bad decisions, but admits we may never know what happened to Gabriel.

"She did what she did and whether she's paid enough for it or not, that's to be determined," Johnson said. "I think that there's a real good possibility that we will never, I repeat, never know what happened."

Bob Johnson and Marc Victor both believe Gabriel is alive.

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