Johnson plays dress-up in court, attorney asks few questions - KMSP-TV

Elizabeth Johnson plays dress-up in court, attorney asks few questions

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PHOENIX -

The trial of baby Gabriel's mother is in recess until Monday. Thursday, a Tempe police detective testified about Elizabeth Johnson's cell phone activity.

The jury saw text messages Elizabeth Johnson sent when she was on the run. Her attorney said there's no real surprises -- no smoking gun.

He said the trial is going exactly how he expected it to go.

"Thank you judge we have no questions."

"No questions for this witness."

"No questions judge."

It's rare for Elizabeth Johnson's attorney Marc Victor to cross-examine witnesses called to the stand.

If he does, he asks few questions.

Victor is not only a defense attorney. Turns out he's running for senate as a libertarian.

Victor admits it's rare for attorneys not to cross-examine witnesses, but he says he doesn't want to waste the jury's time.

"This is a case where much of the facts are not disputed. We know where she went, we know where she was, we know what the texts say. They have the burden of proof and that's exactly what they're doing. I'm not an attorney who gets up and cross examines someone on points that don't matter," said Victor.

Victor also says he's not concerned about Elizabeth Johnson's appearance or changes to her appearance.

Some mornings her hair is up, after lunch it's down. One day she wore a shirt with cut-out shoulders, another day big earrings. Johnson is currently in jail, but gets to change into regular clothes for trial.

"What she wants to wear and how she does her hair or how she does her makeup are not issues I'm concerned with," said Victor.

Also Thursday, police in San Antonio searched a park for the body of baby Gabriel, after getting a tip the boy was buried there. But investigators haven't found any remains.

Johnson is on trial for kidnapping and custodial interference. She claimed she killed her son in 2009, but later said she gave him away to a couple in San Antonio.

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