gabe biel s body was not found. she is charged with kidnapping custodial interphones and conspiracy and lawyers are moving for dismissal on those charges because of technicalities. kidnapping charge requires the state to prove that joms son was worried about imminent fiscal danger to gabe real. johnson said she already killed him which the lawyer notes is not an imminent injury. rulings on that motion and a few others a due out later today. the trial resumes tomorrow with closing arguments. elizabeth johnson did not testify in her own defense. if she is convicted of only custodial interference she would walk out of jail only on parole, jon. jon: what a unbelievable story. patti ann browne. thanks. the middle east is falling apart. they re trying to spin what happened in libya, the truth of the matter al qaeda is alive and well and counter attacking n iraq there is doubling of al qaeda