PHOENIX, Jan. 24 (UPI) -- Arizona police would have trouble bringing homicide charges against missing baby Gabriel Johnson's mother if the child is never found, legal experts say.
Elizabeth Johnson has been charged with kidnapping, child abuse and custodial interference, but prosecuting a homicide case without a body would be difficult, The Arizona Republic reported Sunday.
Johnson allegedly first told the child's father, Logan McQueary, 25, in text messages and phone calls that she had smothered Gabriel, put his body in a bag and placed it in a trash bin on Dec. 27 after fleeing Tempe, Ariz., with the child during a custody dispute.
She then changed her story, saying she gave the child to a couple she met in a park in San Antonio, Texas, the Republic said.
To corroborate Johnson's initial statements about killing the child, police would need evidence that could include the child's body before pursuing homicide charges.
"In court, the prosecutor has to tell a story to the jury, and the problem with not having a body is you're missing part of the story," retired Tempe Police Detective Allen Reed said.
