Woman Charged in Death of Fifth-Grader

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Gifford said neither she nor her daughter, who ABC News could not immediately reach, had any idea who this mystery woman may be.

An Amber Alert was issued for Jonathan Foster Monday afternoon, which Gifford said was far too late.

"Regardless of how this turns out, my goal is to get the Amber Alert law changed," she said. "There should not be criteria for an Amber Alert that depends on whether cops think the kid has run away.

"The cops kept thinking [Jonathan] ran away," she said. "But he had waited too many years to go back with his mama, that's what he wished for on his birthdays, to be back with his mama.

"That doesn't sound like a kid who wants to run," said Gifford.

Smith defended the timing of the Amber Alert, saying that conflicting accounts of what happened the day Jonathan went missing made the case even harder for investigators.

While he wouldn't specify what the conflicting stories were about in great detail, Smith said that the mother had originally said that Jonathan was home with a babysitter when he went missing but later said he had been at home alone.

Only when they could pin down an accurate description of the boy, as well as identify the person who might have been with him at the time of his disappearance -- a woman with a raspy voice -- the officers issued an Amber Alert.

"If we issued an Amber Alert on every case we'd be inundating the public with alerts for children who really did just run away," said Smith.

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