To this day, no one knows where the baby is or if he's even alive.
Prosecutors said the baby was used to get back at the father after he broke up with her.
The baby's father is expected to take the stand Monday.
Thursday, on the first day of her trial, Elizabeth Johnson was in tears as prosecutors said she used her 8-month old baby, Gabriel, as a pawn.
"Gabriel Johnson was a pawn. He was a tool, he was a piece in a game, and the object of that game to her was to keep Gabriel Johnson from Logan McQueary--was to retaliate against Logan McQueary for breaking up with her," said prosecutor Elisa Ramunno.
Johnson is charged with kidnapping, custodial interference and conspiracy to commit custodial interference.
She originally told the baby's father she killed the 8-month-old, but recanted, telling police she gave the baby to a San Antonio couple.
The baby's father, Logan McQueary, is expected to take the stand Monday.
"You'll see Logan McQueary, I'm sure he will be quite effective as he was in the Tammy Smith case," said Marc Victor, Johnson's attorney.
McQueary's testimony helped convict Tammy Smith of conspiring to commit custodial interference earlier this year.
The Scottsdale woman planned to adopt baby Gabriel before he disappeared.
"I think things will become apparent at some time during the trial," said Victor.
In this case, Johnson's attorney said he won't dispute many of the facts, including a text message Johnson sent to the baby's father saying she killed the baby.
This is not a murder case. Johnson's attorney said the state has to prove its case.
"This case is not about whether or not she's innocent, this case is about whether or not the state presents evidence to prove beyond a reasonable doubt that she's guilty," said Victor.
Baby Gabriel would be 3-years-old. The trial is expected to last until November.
Wednesday, May 22 2013 1:00 PM EDT2013-05-22 17:00:29 GMT
An emotional funeral service has been held for a Hofstra University student who was accidentally shot by police.
An emotional funeral service has been held for a Hofstra University student who was accidentally shot by police. Andrea Rebello's family followed the pastor Wednesday as he led her white cloth-draped coffin to the altar at St. Teresa of Avila Church in Sleepy Hollow, N.Y.
Wednesday, May 22 2013 12:55 PM EDT2013-05-22 16:55:01 GMT
Jersey shore town is celebrating a milestone as it rebuilds from Superstorm Sandy. Belmar officials will reopen their 1.3-mile boardwalk that was destroyed by the October storm.
Jersey shore town is celebrating a milestone as it rebuilds from Superstorm Sandy. Belmar officials will reopen their 1.3-mile boardwalk that was destroyed by the October storm.
Wednesday, May 22 2013 12:27 PM EDT2013-05-22 16:27:26 GMT
Black and Hispanic men are more likely to be stopped in the Bronx and Brooklyn than other boroughs, according to an analysis of police street stop data released Wednesday by the New York Civil Liberties Union.
Black and Hispanic men are more likely to be stopped in the Bronx and Brooklyn than other boroughs, according to an analysis of police street stop data released Wednesday by the New York Civil Liberties Union.
Wednesday, May 22 2013 12:10 PM EDT2013-05-22 16:10:42 GMT
The NYPD arrested a suspect in the latest anti-gay attack in the city, said police.
The NYPD arrested a suspect in the latest anti-gay attack in the city, said police. The incident Monday night involved two men, who police say, had met at the Bowery Mission and went out drinking together in the East Village. Roman Gornell, 39, was arrested on Wednesday.
Wednesday, May 22 2013 8:23 AM EDT2013-05-22 12:23:21 GMT
Ex-congressman Anthony Weiner whose career imploded after raunchy tweets said in a YouTube video announcement that he's in the New York City mayoral race.
Ex-congressman Anthony Weiner whose career imploded after raunchy tweets said in a YouTube video announcement that he's in the New York City mayoral race. A poll released Wednesday placed Weiner in second place behind City Council Speaker Christine Quinn in a Democratic primary.
Wednesday, May 22 2013 8:10 AM EDT2013-05-22 12:10:21 GMT
Commuter rail service from Connecticut to New York City, along with Amtrak service between Boston and New York, was back on schedule Wednesday morning on one of the nation's oldest and most heavily traveled railways.
Commuter rail service from Connecticut to New York City, along with Amtrak service between Boston and New York, was back on schedule Wednesday morning on one of the nation's oldest and most heavily traveled railways.
Wednesday, May 22 2013 7:42 AM EDT2013-05-22 11:42:24 GMT
The National Weather Service is looking into whether a tornado touched down in a rural eastern New York county during a series of severe thunderstorms that rumbled across the upstate region.
The National Weather Service is looking into whether a tornado touched down in a rural eastern New York county during a series of severe thunderstorms that rumbled across the upstate region.
Logan McQueary
