The new attorney for the Tempe mother of missing ‘Baby Gabriel' Johnson is seeking a court order from Texas to require a San Antonio police detective to testify regarding an interview he had with Elizabeth Johnson.

Whether or not a Texas court will allow the detective to provide information during both an active homicide and missing persons investigation within its jurisdiction, remains to be seen.

Maricopa County Superior Court Judge Paul McMurdie granted the request by Johnson's attorney, Daniel Raynak, during a hearing Thursday to sign an out-of-state subpoena for Detective Jesus Salame.

Salame interviewed Johnson, 24, at the Maricopa County Jail in May without her legal counsel present. That prompted her attorneys, Nick Alcock and Adam Feldman, to contend that her Sixth Amendment rights were violated and that the case should be dismissed.

In mid-December of last year, Johnson drove to San Antonio with Gabriel, then 8 months old, in the midst of a custody battle with Logan McQueary, 25, of Gilbert, her estranged boyfriend and father of the boy. Gabriel was last seen at a San Antonio motel on Dec. 26, and the following day, Johnson told McQueary during a phone call and via text message that she killed him and threw his body in a dumpster.

When she was arrested in Miami, Fla. three days later without her son, she told an FBI agent that she gave Gabriel to a couple at the motel a day after she met them at a park in San Antonio, according to court records.

Since early January, Johnson has been incarcerated in the Maricopa County Estrella Jail on a $1.1 million cash bond on charges of kidnapping, child abuse and custodial interference in connection to the disappearance of her son.

A trial date is tentatively scheduled to begin in early May on her charges here.

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