Statement by Baby Gabriel's mom can't be used

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By Alicia Barron By Alicia Barron

PHOENIX (AP) -- Jurors will never get to hear a statement made by the mother of a missing Arizona baby that she killed her son and dumped him in a Texas trash bin.

Maricopa County Superior Court Judge Paul McMurdie issued that ruling Monday in the upcoming trial of 25-year-old Elizabeth Johnson, saying that her constitutional rights were violated when a Texas detective interviewed her in a Phoenix jail without her attorneys being there or even knowing about the interview.

McMurdie threw out the statement and said it could not be used during trial. He declined Johnson's request to dismiss the case based on the constitutional violation.

Johnson has pleaded not guilty to charges of child abuse, kidnapping and custodial interference in the case of her missing son, 8-month-old Gabriel. She was not in the courtroom Monday.