The attorney for Elizabeth Johnson has filed a motion to dismiss a kidnapping charge against the mother of missing baby Gabriel Johnson.
Marc Victor said in a motion filed Friday morning that Arizona does not have the jurisdiction to prosecute Elizabeth Johnson for kidnapping. [Read full motion (PDF)]
The motion comes four days before the defense was to present its case in Johnson's kidnapping trial in Maricopa County Superior Court.
The state rested its case Oct. 2.
[CBS5AZ.com is scheduled to carry live video streaming coverage every day of the trial.]
Gabriel Johnson has been missing since he was last seen in San Antonio, TX, in December 2009. He was 8 months old at the time.
Victor's motion states Johnson legally traveled to Texas with her son and every element the state presented in the kidnapping case would have occurred in Texas, outside the jurisdiction of Arizona.
Victor also filed a motion for acquittal.
Johnson's trial was scheduled to resume Tuesday. Johnson's defense attorneys said Johnson will not take the stand.
[SPECIAL SECTION: Elizabeth Johnson, Baby Gabriel.]
A spokesperson in the Maricopa County Attorney's Office said it is fairly common for defense attorneys to file motions such as those by Victor.
The spokesperson said the county would file a response, but did not specify when. The judge in the case, Joseph Kreamer, will then rule on the motions.
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