UPDATED: BrianDMitchell GUILTY of kidnapping Elizabeth Smart

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UPDATED: BrianDMitchell GUILTY of kidnapping Elizabeth Smart

Postby olympic » Thu Oct 01, 2009 2:05 am

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Seven years since she was abducted from her Salt Lake City bedroom by knifepoint, Elizabeth Smart will be in the same room on Thursday as her alleged kidnapper, Brian David Mitchell.

Smart, now 21, wanted to testify about her nine-month ordeal before she leaves on an 18-month mission to Paris for the Mormon church in early November. Although Mitchell's latest competency hearing isn't scheduled until Nov. 30, U.S. District Dale Kimball ruled Monday that Smart could testify early about her interactions with the self-avowed prophet, who allegedly wanted her as a plural wife.

Wants Justice Served
"It's not something she's looking forward to, but she wants to see justice served," says Smart's father, Ed Smart, who plans to accompany his daughter to court on Thursday. "It's been frustrating for all of us to see it drag on for so many years. Elizabeth has said to me a number of times, 'It's amazing how justice isn't being served. It's obvious that he did what he did - there is absolute evidence that he did what he did.'"

Federal defender Robert Steele says he has no problem with Elizabeth testifying, but he argued that the court should not allow her to give her opinion about Mitchell's sanity. The judge ruled on Monday that "none of Ms. Smart's proposed testimony suggests that she will be opining on anything other than her lay observations."

Ed Smart tells PEOPLE he believes that Mitchell is competent and is simply "manipulating the courts to the nth degree." "There's been no headway – we're ready to finally proceed," he says. "Let's get this done and move on."

Mitchell, who allegedly abducted Elizabeth late on the night of June 5, 2002, from the bed she shared with her younger sister, Mary Katherine, has been in and out of court for competency hearings since his arrest with alleged accomplice Wanda Barzee. The pair were found walking with Smart in a Salt Lake City suburb after living for several months in an abandoned trailer in Lakeside, Calif.

Forced to Wear Veil
At previous competency hearings, Mitchell has been removed from the courtroom for disrupting the proceedings by humming and singing religious hymns. Ed Smart hopes the same thing happens this time "so that he won't be able to see Elizabeth," he says. "Personally, though, I think he may sit there for a change and not say anything. Whatever happens, Elizabeth is prepared. It's amazing how strong she is."

It is expected that Elizabeth, who was forced to wear a white robe and veil and wasn't allowed to bathe or eat much more than bread during her months held captive, will answer questions from prosecutors and Mitchell's defense team for several hours.

"She's ready to tell what she knows and show that Mitchell knew exactly what he was doing," says her father. "Her comments to me have always been, 'Dad, there just really isn't question that he's guilty of what he did."


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Postby sarge » Thu Oct 01, 2009 6:37 am

What a strong girl! She was blessed with a close and supportive family and that has given her the strength to go through the horrible ordeal. Thank goodness she will be able to testify against these terrible people and bring them to justice.
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Postby SavannahStar » Thu Oct 01, 2009 1:07 pm

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Just look at her now! Wow, HUGE improvement.....no more "little girl" look to her; she's smart and sophisticated. Best I have EVER seen her look.
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Postby pax » Thu Oct 01, 2009 1:51 pm

Thanks for that photo. She looks great. Way back I speculated some wild theories about her kidnapping. Boy was I wrong. Bless her heart, and her loving family too.
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Postby gwen » Thu Oct 01, 2009 3:09 pm

Thanks for the photos! What a stunning girl she is and how incredibly brave!
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Postby gwen » Thu Oct 01, 2009 3:13 pm

Elizabeth Smart says abductor raped her daily
Utah woman testifies on 2002 ordeal, describes abductor as ‘evil, wicked’


SALT LAKE CITY - Elizabeth Smart says she was raped repeatedly each day after she was abducted from her bedroom seven years ago and told she would be killed if she yelled or tried to escape.

She described Brian David Mitchell, her alleged kidnapper, as "evil, wicked, manipulative, stinky, slimy, selfish, not spiritual, not religious, not close to God."

Smart testified in U.S. District Court in Salt Lake City as part of a competency proceeding for the man charged in her 2002 kidnapping.

Mitchell has twice been found incompetent for trial in state court. Mitchell and his estranged wife were found with Smart nine months after she disappeared from her Salt Lake City home.

A judge ruled earlier this week that testimony from Smart, now 21, is relevant to the mental competency of Mitchell, who was removed from the courtroom before Smart arrived and taken to a holding cell where he could listen to the proceedings.

Smart was poised and composed while testifying for just under two hours.

Ordeal recounted
She was 14 when she was abducted from her Salt Lake City home at knifepoint in the middle of the night. Shortly after her abduction, Smart said Mitchell took her to a mountain camp and performed a ceremony she said was intended to marry the two.

"After that, he proceeded to rape me," Smart said.

She said he held her captive with a cable attached to her leg that had a 10-foot reach. That line was attached to another cable strung between two trees.

Smart said Mitchell plied her with alcohol and drugs to lower her resistance.

"He said that he would kill anybody that would come into the camp, or kill me if I ever tried to escape or yell out," Smart testified.

Smart said Mitchell was motivated by sex and used religion to get what he wanted.

Mitchell's defense attorneys had sought to limit Smart's testimony to her experiences with Mitchell, without her opinions about his mental state.

The defense objected to the 39 so-called "lay witnesses" proposed by prosecutors, including Mitchell's family, friends or workers at Utah State Hospital, because they lacked the expertise to evaluate competency.

In a ruling Monday, U.S. District Judge Dale Kimball rejected the argument as it relates to Smart, saying her testimony may help the court settle differences in the findings of experts who have evaluated Mitchell.

Federal charges of kidnapping
Experts have split opinions over Mitchell's competency and have relied on statements from others — including Smart — and past evaluations to prepare reports for the court. Kimball's ruling said Mitchell has been uncooperative with evaluators and refused to participate in diagnostic tests.

In the state court system, Mitchell was twice found incompetent to stand trial.

Smart was rescued nine months after her abduction when a motorist spotted her walking through a suburb with Mitchell and his estranged wife, Wanda Eileen Barzee.

Last year, Mitchell was indicted by a federal grand jury on charges of kidnapping and unlawful transportation of a minor.

Once an itinerant street preacher, Mitchell is said to have wanted Smart as a polygamous wife and may have taken her to fulfill a religious prophecy he laid out in a 27-page manifesto drafted in April 2002.

http://www.msnbc.msn.com/id/33123258/ns ... nd_courts/
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Postby PerryPeabody » Thu Oct 01, 2009 3:30 pm

Thanks, gwen.
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Postby gwen » Thu Oct 01, 2009 3:59 pm

PerryPeabody wrote:Thanks, gwen.


You are welcome.
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Postby sarge » Thu Oct 01, 2009 4:37 pm

Thanks, Gwen,

Makes the cold chills and anger rise too. She was so young and so innocent.
She is a lovely young woman and so strong.
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Postby gwen » Thu Oct 01, 2009 5:02 pm

sarge wrote:Thanks, Gwen,

Makes the cold chills and anger rise too. She was so young and so innocent.
She is a lovely young woman and so strong.


Y/W. It sure does, sarge!
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Postby prolific » Fri Oct 02, 2009 1:35 pm

She is an amazing young lady.

Her testimony:

http://www.sltrib.com/ci_13462888

It's long otherwise I would have copied it over.
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Postby PerryPeabody » Mon Nov 16, 2009 4:27 pm

Woman in Smart case [Wanda Barzee] to plead guilty
Nov. 16: The woman at the center of the Elizabeth Smart kidnapping case is expected to enter a guilty plea Tuesday at a scheduled federal arraignment.
msnbc tv

updated 30 minutes ago

SALT LAKE CITY - Court papers say the woman charged in the 2002 abduction of Elizabeth Smart has reached an agreement with prosecutors and is expected to plead guilty in federal court on Tuesday.

Image

The court papers do not specify the terms of the agreement or which charge or charges Wanda Eileen Barzee will plead to.

A spokeswoman for the U.S. attorney's office says she cannot comment beyond what is contained in the court papers filed Monday with the U.S. District Court in Salt Lake City.

Both Brian David Mitchell and Barzee, Mitchell's estranged wife, were indicted on federal kidnapping charges in March 2008.

Smart was taken from her Salt Lake City home at knifepoint in 2002. She was found nine months later with Barzee and Mitchell on a suburban street.

Last month, Smart testified as part of Mitchell's competency hearing that she was raped repeatedly each day after she was abducted from her bedroom seven years ago. She said she was told she would be killed if she yelled or tried to escape.

She described Mitchell, her alleged kidnapper, as "evil, wicked, manipulative, stinky, slimy, selfish, not spiritual, not religious, not close to God."
http://www.msnbc.msn.com/id/33972846/ns ... nd_courts/
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Postby pax » Mon Nov 16, 2009 4:36 pm

What a remarkable story. I admire Elizabeth Smart's courage. I truly wish her and her family all the best.
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Postby Lee1949 » Mon Nov 16, 2009 4:55 pm

Amen to that, pax.
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Postby PerryPeabody » Tue Nov 17, 2009 3:22 pm

Woman pleads guilty, to cooperate in Smart kidnapping case
November 17, 2009 3:10 p.m. EST

(CNN) -- Wanda Eileen Barzee pleaded guilty Tuesday to federal charges stemming from the 2002 abduction of Utah teenager Elizabeth Smart and agreed to cooperate in state and federal cases against her husband, prosecutors said.

Barzee, 64, pleaded guilty to kidnapping and unlawful transportation of a minor, Brett Tolman, U.S. attorney for Utah, said in a statement.

Tolman said, "Ms. Barzee has agreed to fully cooperate with the United States and the state of Utah in the prosecution of Brian David Mitchell," her husband.

In exchange for that cooperation, authorities have recommended a sentence of 15 years in prison. "We believe a sentence of 15 years is just and fair under the circumstances," Tolman said.

The plea agreement depends on Barzee's cooperation in the case against Mitchell, 56, in state and federal courts, Tolman said.

"We will ask that her sentencing date be continued to allow for her continued cooperation with the government," he said. "If Ms. Barzee fails to fully cooperate, we will move to withdraw the plea agreement."

Sentencing was set for May 19, but a sentence will not be imposed until Barzee's cooperation against Mitchell is complete, said Melodie Rydalch, spokeswoman for the U.S. attorney's office.

Under terms of the plea agreement, Barzee also will plead guilty to a state charge of conspiracy to commit aggravated kidnapping, court documents said.

The couple is accused is accused of abducting Smart at knifepoint from the bedroom of her family's Salt Lake City home in June 2002.

The girl was found nine months later, walking down a street in the Salt Lake City suburb of Sandy in the company of Barzee and Mitchell, a drifter and self-described prophet who calls himself "Emmanuel." He had done some work as a handyman at the Smarts' house.

In court, Barzee admitted that she and Mitchell planned Smart's kidnapping and that she encouraged him to carry it out. When he returned to the couple's outdoor camp with the girl, then 14, "I aided and abetted Mitchell in the confinement, control and sexual assault of Elizabeth Smart," according to the plea agreement.

Barzee said she also assisted in transporting Smart to California from Utah in October 2002 and back to Utah in March 2003 "with the intent that she engage in sexual activity for which any person can be charged with a criminal offense," according to the agreement.

"Today's agreement means that Elizabeth Smart will not have to testify at trial against Ms. Barzee," Tolman said. "It is our belief that this outcome will begin to bring long-awaited closure to Elizabeth and her family."

During Tuesday's hearing, Barzee offered an apology to Smart, according to CNN affiliate KSTU-TV in Salt Lake City.

"I'm greatly humbled as I realize how much Elizabeth Smart has been victimized and the role I played in it," she said, according to the station. "I'm so sorry, Elizabeth, for all the pain and suffering I caused you and your family."

Elizabeth Smart was not in court. Her father, Ed, told reporters afterward, "I certainly believe that Wanda was a victim to a point. But she chose to be that victim. ... I think that was her choice."

[Watch father's reaction to the apology - on video clip cited below]

After the hearing, defense attorney Scott Williams told reporters, "Wanda is a person who is a different person than the person who was arrested. ... The person she is now is someone who wants to accept responsibility, cooperate."

Barzee has been housed at the Utah State Hospital while courts determined her competency as well as Mitchell's. After years of being declared incompetent, she recently was declared competent to stand trial, according to the Salt Lake Tribune newspaper.

A state court had ruled she could be forcibly medicated, and that ruling led federal prosecutors to proceed with bringing a case against the couple, the Tribune said.

At a competency hearing for Mitchell last month, Smart, now 21, testified she was held captive in Utah and California during that time. Just after her abduction, Mitchell took her to a wooded area behind her home and performed a mock marriage ceremony with her, she said. During the nine months of her captivity, no 24-hour period passed without Mitchell raping her, Smart testified.

Mitchell's competency hearing is set to continue November 30. His attorneys asked that it be delayed further, but U.S. District Judge Dale Kimball denied their motion Monday.

Smart, a student at Brigham Young University and a member of the Church of Jesus Christ of Latter-day Saints, testified in October because she was set to leave on a mission, something typical for young Mormon men but becoming more common for women as well.
http://www.cnn.com/2009/CRIME/11/17/sma ... index.html
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Postby gwen » Mon Dec 07, 2009 7:57 am

Elizabeth Smart Suspect: Insane or Faking?
Judge Must Decide Between Experts for Defense saying He's Delusional and for Prosecution, Saying he's Devious


(AP) A psychiatrist is expected in federal court Monday to discuss the religious writings of Elizabeth Smart's alleged abductor, a self-proclaimed prophet who is said to have claimed in his work that she went with him willingly as a young girl and with the permission of her parents.

Brian David Mitchell drafted the "Book of Immanuel David Isaiah II" after his arrest and interrogations by police in March 2003, according to Dr. Michael Welner, of New York. In the work, Mitchell addresses the charges levied against him and writes that no weapons or violence were used when Smart was taken from her home in June 2002.

"He clothes his defense in a religious document," Welner said Friday in U.S. District Court. "But it's advocacy, he's making his best argument."

Welner has been paid $500,000 to evaluate Mitchell for federal prosecutors. A 10-day hearing is being held in Salt Lake City to determine whether Mitchell, 56, is competent to stand trial. The competency hearing enters its second week Monday.

Welner said the "Book of Immanuel David Isaiah II" is an addendum to a 27-page manifesto written a few months before Smart's abduction.

That tome, the "Book of Immanuel David Isaiah," outlines Mitchell's beliefs, drawing heavily from the Bible and the Book of Mormon, while also including ideas from a New Age spiritualist, a lymphologist and other writers.

Mitchell, who claimed in his first book that God had made him head of The Church of Jesus Christ of Latter-day Saints, was indicted in March 2008 by a federal grand jury on charges of kidnapping and unlawful transportation of a minor across state lines.

If ever convicted, he could spend the rest of his life in a federal prison.

The competency decision rests with U.S. District Judge Dale Kimball.

Utah's U.S. attorney's office contends that Mitchell is competent - a conclusion his federal public defenders dispute.

The defense is expected to begin its rebuttal of the case Tuesday. Defense attorneys plan only to call about five witnesses - all psychologists or psychiatrists who have evaluated or treated Mitchell. The experts include Dr. Jennifer Skeem, an associate professor of psychology and social behavior from the University of California-Irvine. In 2004, she diagnosed Mitchell with a rare delusional disorder during competency proceedings for a state case.

Skeem said Mitchell believed he would be held in jail for seven years until a day of judgment when he would be rescued by God and reunited with Smart and his now-estranged wife, Wanda Eileen Barzee. Last month, Barzee pleaded guilty to charges in the federal case.

A timeline offered by prosecutors Friday said it was after Skeem's finding - which noted Mitchell could not behave appropriately in court - that Mitchell began repeatedly singing or shouting during court proceedings. The practice routinely gets him removed to a holding cell.

Welner, who prepared a 205-page report on Mitchell, disputes Skeem's diagnosis. His report is not yet public, but excerpts included in publicly-filed court papers show Welner believes Mitchell is competent and malingering - or faking an illness - in order to avoid prosecution.

On Friday, Welner said, he believes Mitchell has the capacity to participate in his own defense.

The testimony followed that of some two dozen other prosecution witnesses who have painted Mitchell as a highly intelligent but self-absorbed, controlling and temperamental man. According to the testimony, Mitchell's history includes an abusive, troubled childhood, failed marriages and allegations of sexual abuse involving young girls that date back to his adolescence.

Welner attempted to interview Mitchell in April, but over five hours, Mitchell mostly sat silently in a chair with his eyes closed.

In a tape of the interview played in court Friday, Mitchell is passive, except for a period of hymn singing, when he aggressively shouts the refrain, "Repent for the kingdom of heaven's at hand." He also reacted when Welner played a video recording of Smart's interview with police. Mitchell's eyes pop open after hearing Smart's voice, he spins his chair around and inches it closer to the screen. His expressions change only slightly - raising eyebrows and wrinkling his forehead - as he listens to Smart describe her abduction.

Smart was just 14 when she was taken from her bedroom in June 2002. She was recovered in March 2003 walking a suburban street with Mitchell and Barzee. In October, she testified that she was taken at knifepoint, forced to marry Mitchell within hours of her abduction and raped daily throughout her captivity.

http://www.cbsnews.com/stories/2009/12/ ... nContent.2
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Postby gwen » Mon Mar 01, 2010 3:00 pm

Alleged Elizabeth Smart Captor Competent
Judge Rules that Brian David Mitchell, 56, Can Stand Trial for 2002 Kidnapping and Rape of 14-Year-Old


(CBS/AP) A federal judge says the man charged in the 2002 kidnapping of Elizabeth Smart is competent to stand trial.

In a ruling issued Monday, U.S. District Judge Dale Kimball says 56-year-old Brian David Mitchell does not suffer from a mental disease or defect that harms his ability to understand the proceedings against him
.

The ruling follows a 10-day competency hearing held for Mitchell last year. Experts who testified at the hearing split in their opinions about Mitchell's competency.

Mitchell's defense attorneys have argued that the former street preacher could not participate in his own defense.

A court hearing is scheduled on March 26 to set a trial date.

Smart was 14 when she was taken at knifepoint from the bedroom of her Salt Lake City home in 2002, sparking a search that riveted the nation. Nine months later, in March 2003, Brian David Mitchell and female accomplice Wanda Eileen Barzee were arrested after they were spotted walking on a suburban street with Smart.

It was only later that the horrifying details came to light: Smart was forced into a ritual marriage and repeatedly raped.

Mitchell was indicted in 2008 on charges of kidnapping and unlawful transportation of a minor across state lines.

In November, Barzee pleaded guilty to kidnapping and unlawful transportation of a minor in a plead deal with federal prosecutors.

The 64-year-old Barzee could face a life sentence for the kidnapping charge and up to 15 years for the second charge.

Terms of Barzee's plea deal have not been made public reports CBS News correspondent Whit Johnson but the big question on everyone's mind is, will she testify against her estranged husband?

Smart, now 21, was forced to relive her gut-wrenching ordeal at a competency hearing for Mitchell in October.

The next day her father, Ed Smart, told CBS' "The Early Show," "I feel there's greater prospect of this nightmare coming to an end."

http://www.cbsnews.com/stories/2010/03/ ... ?tag=stack
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Postby AC » Tue Mar 02, 2010 8:03 am

Thanks, Gwen!
Hillary Clinton in 2003:
“I am sick and tired of people who say that if you debate and you disagree with this administration somehow you're not patriotic. We should stand up and say we are”
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Postby gwen » Fri May 21, 2010 2:54 pm

Elizabeth Smart Kidnapper Barzee Gets 15 Years
Wanda Barzee Pled Guilty to 2002 Kidnapping of 14-Year-Old; Will Testify Against Husband Brian David Mitchell


AP) A federal judge on Friday ordered a woman who pleaded guilty to kidnapping then-teen Elizabeth Smart of Utah to spend 15 years in prison, with credit for about seven years she's already served.

Smart, whose abduction captured the attention of Americans, was 14 in 2002 when she was kidnapped at knifepoint from her bedroom. She was found nine months later, in March 2003, walking the streets of a Salt Lake City suburb with her captors.

U.S. District Judge Dale Kimball said Wanda Barzee will serve the sentence at the Federal Medical Center, Carswell, in Fort Worth, Texas.

Barzee, 64, pleaded guilty in November to federal charges of kidnapping and unlawful transportation of a minor across state lines in Smart's abduction. She also faces sentencing Friday in state court, where in February she pleaded guilty, but mentally ill, in the attempted kidnapping of Smart's cousin, Olivia Wright, about six weeks after Smart's abduction.

Barzee has agreed to testify in pending state and federal cases against her now-estranged husband, Brian David Mitchell.

"I know the gravity of my crimes and how serious they are," Barzee said in court Friday. "I'm just so sorry again for all the pain and suffering I caused upon the Smart family."

Kimball also ordered Barzee to serve five years' probation and register as a sex offender. Barzee will be about 70 when she's released from prison.

Elizabeth's mother, Lois Smart, spoke in court for the first time ever Friday.

"Wanda, what you did to our family and to our girl Elizabeth was wrong," Lois Smart said directly to Barzee. "It was wrong and it was evil. ... Wanda, we suffered, but more than that, Elizabeth suffered. She was tortured and tormented."

Smart, now 22, is serving a mission for The Church of Jesus Christ of Latter-day Saints in Paris.

Barzee's cases have been repeatedly delayed because she was twice deemed incompetent to stand trial.

Barzee was court-ordered by a state judge to undergo treatment with anti-psychoctic medications, and last fall doctors at the Utah State Hospital said her competency had been restored. The finding prompted plea negotiations with state and federal prosecutors.

Mitchell, 56, is scheduled for a federal court trial beginning Nov. 1. A state case has been stalled because Mitchell was also deemed incompetent for trial. A state judge declined to order forced medication in his case.

At a federal court hearing last year, Smart said she was taken from her home to a mountain campsite where she was forced into a polygamous marriage with Mitchell and endured repeated rapes and other abuse. She was held captive for nine months.

A one-time itinerant street preacher, Mitchell allegedly wanted Smart as a second wife so that he could fulfill a religious prophecy laid out in a 27-page manifesto he drafted in early 2002.


http://www.cbsnews.com/stories/2010/05/ ... ?tag=stack
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Postby gwen » Mon Nov 01, 2010 9:30 am

Elizabeth Smart Trial to Begin 8 Years After Kidnapping

SALT LAKE CITY -- The man charged in the abduction of Elizabeth Smart is finally headed to trial, after years of delays caused by questions about his mental health and a jump from state to federal court.

Brian David Mitchell, 57, faces federal charges of kidnapping and unlawful transportation of a minor across state lines -- for allegedly taking Smart to San Diego in the 2002 abduction. If convicted, he could spend the rest of his life in a federal prison.

Jury selection is scheduled to begin Monday in Salt Lake City's U.S. District Court in the trial of the one-time itinerant street preacher.

The court action should finally conclude Smart's saga -- a tale of loss, a family's fears and an improbable recovery that has long riveted the nation.

"It's certainly been a long time coming," Ed Smart, Elizabeth's father said Thursday. "We're very confident in the prosecution."

A 2003 state case -- in which Mitchell was charged with aggravated kidnapping and aggravated sexual assault -- stalled after Mitchell was diagnosed with a delusional disorder and deemed incompetent to stand trial. A state judge rejected a request to force Mitchell to be treated with medications, saying she didn't believe the drugs would work.

The ruling left Mitchell incarcerated in the state hospital -- where he had refused treatment -- before federal prosecutors stepped in to take a run at the case.

Mitchell was judged competent to stand trial in federal court earlier this year after an expert witness for the government said he believed Mitchell was "malingering," essentially faking a mental illness to avoid prosecution.

With prosecutors expected to call as many as 22 witnesses, the trial could take up to six weeks. Just picking a jury could take several weeks. Defense attorneys have argued that publicity of the case has tainted the pool of more than 200 jurors called for consideration, but efforts to move the trial out of Utah were rejected by both the U.S. District Judge Dale Kimball and the 10th Circuit Court of Appeals in Denver.

Mitchell's federal public defenders maintain that he is ill and unable to participate in his own defense. In court papers, defense attorneys have said they'll mount an insanity defense, claiming Mitchell was so impaired at the time of the alleged crime that he can't be held legally responsible.

As evidence the defense is expected to rely on testimony from mental health experts who have evaluated Mitchell and will likely point to a 27-page manifesto drafted by Mitchell -- "The Book of Immanuel David Isaiah" -- as evidence of his delusions.

The rambling tome drafted a few months before Smart's June 5, 2002, kidnapping lays out Mitchell's own brand of religion that mixes revelations from early Mormon theology with excerpts from the King James version of the Bible and the writings of several New Age philosophers. The manifesto, an addendum to which has been written since Mitchell was arrested in March 2003, proclaims Mitchell a prophet and predicts his wife, Wanda Eileen Barzee, will take "seven times, seven sisters," an apparent endorsement of polygamy.

In Smart's first public testimony during a competency hearing last year, Smart said after being led from home in her pajamas and tennis shoes to a mountainside campsite she was forced to become Mitchell's second wife in a quickie religious ceremony and raped. During her captivity, Smart said Mitchell read frequently from his manifesto, sang hymns and laced his daily conversations with religious language.

"He told me he was a prophet," said Smart, who was given a religious name and was forced to wear a long, white robe, head scarf and two veils across her face. "He said he was the voice of God on Earth and that he would reign over God's children until Jesus came."

Smart said she believed Mitchell's religious devotions were a ruse. Religious revelations came conveniently when he wanted something or when he was trying to calm Barzee, Smart said.

Smart was 14 when she was abducted in the middle of the night. The disappearance transfixed the country as thousands of Utahns turned out to comb Salt Lake City and the surrounding mountains to search for her.

She was rescued nine months later after motorists spotted her walking the streets of a Salt Lake City suburb with Mitchell and Barzee.

Now, 22, Smart is expected to return to Utah from France where she is serving a mission for The Church of Jesus Christ of Latter-day Saints to testify against Mitchell.

Not on the prosecution's list of 22 possible witnesses is Mitchell's now-estranged wife, Barzee, who also was charged in both state and federal court with crimes related to the kidnapping.

Like Mitchell, Barzee was twice deemed incompetent for trial in state proceedings. Ordered to undergo forced treatment with anti-psychotic medications, Barzee's competency was restored last year.

She pleaded guilty to federal kidnapping and unlawful transportation of a minor charges in federal court last year and was sentenced to 15 years in prison. State authorities dropped Barzee's pending case related to Smart's kidnapping in favor of her guilty plea in a companion case involving the attempted abduction of one of Smart's cousins.

As part of a deal with prosecutors, Barzee agreed to cooperate with prosecutors.

In court papers filed late Friday, defense attorneys list Barzee among the 24 people they plan to call to testify on Mitchell's behalf.

http://www.foxnews.com/us/2010/10/31/el ... idnapping/
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Postby bbeba103 » Thu Nov 04, 2010 12:03 pm

November 4, 2010 10:27 AM
Elizabeth Smart Update: Opening Arguments Expected Today in Kidnap Trial...

SALT LAKE CITY (CBS/ AP) Opening arguments are expected to begin Thursday in Salt Lake City in the Elizabeth Smart kidnapping trial.

After 8 years of delays Brian David Mitchell's trial on kidnapping and unlawful transportation of a minor charges began Monday in U.S. District Court. The trial is expected to last at least five weeks.

If convicted, Mitchell could spend the rest of his life in prison U.S.

District Judge Dale Kimball has narrowed the jury pool to 32 people.

He's expected to seat 12, plus two alternates to hear the case Thursday morning.

Opening arguments will begin once a jury is sworn in. The first witness for the prosecution could also take the stand Thursday.

Smart was 14 in 2002 when she was taken from her Salt Lake City home. She was rescued nine months later walking the streets of a Salt Lake City suburb with Mitchell.

Now, 22, Smart is expected to return from serving a mission in France for the Mormon church to testify against Mitchell.

http://www.cbsnews.com/8301-504083_162- ... tag=latest
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Postby Fashionista » Thu Nov 04, 2010 2:27 pm

<center>Elizabeth Smart Kidnapping Trial Comes to a Halt
By Sara Hammel

Thursday November 04, 2010 01:55 PM EDT


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Elizabeth Smart Arriving to Court</center>


The Elizabeth Smart kidnapping trial was halted Thursday after a ruling by a Denver appeals court abruptly stopped proceedings.

The prosecution in the trial of Brian David Mitchell finished their opening statements – which included some harrowing details of the alleged crime – and the defense was just beginning when the ruling from Denver's 10th Federal Circuit Court of Appeals was announced in the courtroom.

The Denver court has agreed to hear more evidence regarding a request from Mitchell's attorneys to change the trial venue because they say their client cannot get a fair trial in Utah.

Judge Dale Kimball told the court he was "unhappy" about the ruling, and excused the jury, saying, "We'll probably see you next week."

Elizabeth and her father, Ed Smart, appeared extremely frustrated by the news. Elizabeth quickly left the courtroom with her sister, Mary Katherine, holding her arm.

While the defense was happy about the ruling, they were concerned about the timing.

Mitchell's attorneys told ABC 4 that since the jurors heard the entire opening by the prosecution and very little from the defense, so will have more time to consider the prosecution's arguments.

Mitchell, a self-proclaimed Utah prophet, is standing trial for the horrifying nine-month abduction of Elizabeth Smart. Charges against him include the kidnapping and sexual assault of Smart when she was 14.


A Nine Month Nightmare
Before proceedings ceased for the day, the prosecution summarized the terror of what allegedly happened to Elizabeth and her family that night, and during the months after, to a hushed courtroom.

"On June 5, 2002, Elizabeth Smart was awakened from her sleep and forced into a nine-month nightmare, taken from her own home – her own bed – by the defendant, Brian David Mitchell," federal prosecutor Felice Viti told the court.

"For the next nine months [she] was held captive, forced to engage in conduct so contrary to what she knew, conduct that flew in the face of all she had learned, all she had been taught, all she believed," Viti said. "She was threatened, sexually abused, degraded and humiliated."

Elizabeth's mother Lois and sister Mary Katherine Smart were expected to testify on Thursday, and Elizabeth is also set to take the stand when the trial resumes.

• Reporting by CATHY FREE



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Postby gwen » Mon Nov 08, 2010 6:24 pm


Elizabeth Smart Tells Court How She Survived Nine Month Abduction
Smart Took the Stand Today at the Trial of Alleged Abductor Brian David Mitchell


Kidnap victim Elizabeth Smart told a court today that she stopped resisting the kidnapper who raped her daily after repeated near misses by rescuers who were so close by that she could hear them calling her name.

Smart, now 23, testified in the trial today of accused kidnapper Brian David Mitchell that she pleaded with him and tried to prevent the rapes that occurred more than once a day while chained to a tree in Mitchell's forest hideout.

She was often tempted to scream out for help, especially when she heard rescue workers calling her name, she testified. Smart said Mitchell told her that if she yelled or screamed he would "duct tape my mouth shut and anyone who came in he said he would kill."

Finally her mindset changed where she decided to survive she should go along with their beliefs, said Smart. " [I told myself to] do everything he told me to do to live. I did that until the very end."

Smart's testimony riveted the Salt Lake City courtroom.

"I was crying a lot and I didn't realize what was happening at first," Smart said from the witness stand. "I begged him not to. I did everything I could to stop him. I pleaded with him not to touch me."

Smart, who was 14 at the time she was abducted, was no match for Mitchell's alleged attacks.

t's been eight years since Smart was snatched from her bed in Salt Lake City and forced to spend nine months on the run. After passersby reported spotting Smart in a Salt Lake City suburb, authorities arrested Mitchell and Wanda Barzee, charging them with Smart's kidnapping and sexual assault.

Now living in Paris while she works on a Latter Day Saints mission, Smart maintained her composure on the stand today at Mitchell's trial, appearing calm and collected, showing very little emotion while offering the public more insight into what happened during her kidnapping.

Smart said that she would lie on her stomach to try and make it harder for Mitchell to rape her, but that he did it anyway, despite her pleas.

"I felt like prostitutes had a better life than I did," said Smart. ""I told him I was just a little girl. A 14 year old girl against a grown man doesn't even out so much."

Kidnapping Survivor Elizabeth Smart Recounts Nine-Month Torture in Court

Often praying herself to sleep, Smart testified that she spent six weeks tethered to a tree by a metal cable that was tied around her ankle so she couldn't escape.

Mitchell would constantly remind her that her kidnapping was "the work of God."

"He said that I was very lucky and that I was being saved from the world," said Smart. "I had been called by God to be his wife."

Smart also recounted the details from the night she was kidnapped, telling the juror that she had taken the time to go around the house and close the windows before going to sleep.

"There was a window in our kitchen that I did not close because the smell of burned smoke still filled the air," said Smart.

The window had been left open to let out the smell of burned potatoes from her mother's cooking earlier that day. It was the very same window that Mitchell would allegedly climb through just hours later.

Describing how she woken up, Smart said, "There was a strange man's voice and I could feel something cold against my neck."

"I remember his saying I have a knife to your neck. Don't make a sound or I will kill you and your family. Get out of bed," said Smart. "I knew how deadly the situation was. I was scared. Extremely scared."

Ordering her to put on tennis shoes instead of slippers, Smart testified that Mitchell told her he was taking her "hostage for ransom."

"I was shocked. I felt I was having a nightmare. It was just incredible fear," she said.

As Mithcell was leading her down a path away from her home, he held the knife to her back, according to Smart. When a police car passed by about 10 feet away, Smart recalls Mitchell telling her, "If this is the work of God, let this police car pass."

Smart said Mitchell told her if she screamed out he would kill her. He pushed her into a bush and the police car passed by.

"I remember saying if he let me go right then we wouldn't press charges. He said he knew exactly what he was doing," said Smart.

"I remember praying and pleading to find a way to escape," she said.

Testimony by Smart is expected to resume Tuesday.

Brian David Mitchell on Trial After Judge Ruled He Faked Mental Illness

Smart's mother Lois Smart took the stand ahead of her daughter and told the court how she hired Mitchell to do work around the house in 2001, knowing him only as "Immanuel."

"He looked like a clean-cut, well-kept man that was down on his luck, who just needed some help to get on with his life," she testified.

Later, she recalled being woken up by her younger daughter Mary Katherine, then 9, who slept in the same room as her older sister. Mary Katherine told her mother that Elizabeth had been taken.

"She said a man has taken Elizabeth with a gun and that we won't find her," Lois Smart testified.

After running into the kitchen, Lois Smart spotted a screen sliced open.

"My heart sank," she said, "and I yelled out to Ed, 'Call 911, she's gone.'"

The kidnapping of the girl made national headlines, the idea that a child could be ripped from her own bed playing on fears of parents across the country.

For years after Smart's rescue, the prosecution of Mitchell was delayed with his defense attorneys arguing that he was not mentally competent to stand trial. In March, a federal judge declared that Mitchell was faking mental illness and ordered him to stand trial.

Smart testified during Mitchell's October 2009 competency hearing that Mitchell forced her to walk three miles to a canyon where an impromptu marriage ceremony was performed between her and Mitchell. She told the court at the time that she was raped daily, and Mitchell prevented her from escaping by tying chains around her ankles. The chains were attached to nearby trees. "There wasn't an actual 24-hour period he wasn't able to rape me," she said last year, going on to describe how Mitchell began to rotate between her and Barzee when Barzee became jealous of his attention.

"Wanda would get very upset with him," said Smart. "She'd say 'All you do is lust after her.'"

Mitchell became known for his outbursts and courtroom oddities during the hearing and was repeatedly removed from the courtroom after spontaneously bursting into song.

Barzee, a mother of six, pleaded guilty in November 2009 to federal kidnapping charges. Later sentenced to 15 years in prison, also asked the Smart family for forgiveness.

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Postby gwen » Mon Nov 08, 2010 6:26 pm

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Postby bbeba103 » Tue Nov 09, 2010 2:46 am

Elizabeth Smart Testifies in Alleged Kidnapper's Trial..

Deborah Hastings Contributor AOL News Updated: 4 hours 45 minutes ago.

(Nov. 8) -- Elizabeth Smart took the stand today in the federal trial of her accused kidnapper and described how she awoke in the early morning hours of June 5, 2002, to feel a knife at her throat. The man holding it threatened to kill her and her family if she did not come with him, she said.

"He said he was taking me hostage, for ransom," Smart, now 23, testified according to The Associated Press. "I was shocked. I thought I was having a nightmare.

Smart was the third witness to testify in federal court in Salt Lake City in the trial of Brian David Mitchell. The self-proclaimed prophet "Immanuel" is accused of kidnapping Smart when she was 14 and repeatedly raping her during a captivity that lasted nine months.

Wearing a red jacket and black and white skirt, the blond young woman recalled the night she was abducted from the bedroom she shared with her ittle sister, Mary Katherine, then 9.

"I remember him saying that 'I have a knife to your neck, don't make a sound get out of bed and come with me or I will kill you and all your family,' " Smart testified.

Smart testified that the kidnapper ordered her to put on some shoes and then they left the house and walked for several hours until they reached a campsite, where Mitchell's wife, Wanda Barzee, washed her feet and made her take off her pajamas and robe and then ordered her to take off her underpants.

"She said if I didn't take them off she would have the defendant [Mitchell].

The Elizabeth Smart Case

She said Mitchell performed a sort of wedding ceremony and then, despite her protests and attempts to fight him off, he raped her.

Smart did not have to look at Mitchell during her testimony. U.S. District Court hymn. Mitchell is able to view the proceedings remotely from another room, hymn. Mitchell is able to view the proceedings remotely from another room, The Salt Lake Tribune reported.

Earlier, Lois Smart recalled the "utter terror" she felt when her younger daughter told her Elizabeth had been kidnapped during the night.

"Elizabeth is gone," Lois Smart said 9-year-old Mary Katherine, looking like "a scared rabbit," told her parents.

"My heart sank, and I called out to [husband] Ed, 'Call 911,' " Lois Smart testified, according to CNN. "It was utter terror. It was the worst feeling knowing that I didn't know where my child was. I was helpless."

In opening statements earlier today, public defender Parker Douglas told jurors that Mitchell was driven by escalating mental illness and extreme religious beliefs. Mitchell faces life in prison if convicted.

Testimony got under way today after a federal appeals court in Denver on Friday denied a defense request to move the trial out of Utah, The Associated Press reported.

Mitchell's attorneys had argued that pretrial publicity had tainted the jury poo and that empaneled jurors already believed Mitchell was guilty in a case that made national headlines.

His lawyers say they plan to use an insanity defense for their client. Mitchel claims to receive visions from God and has been repeatedly removed from the courtroom for loudly singing hymns.

Elizabeth Smart flew from Paris, where she was on a Mormon church mission to Salt Lake City late last month for the trial of her accused captor, who once worked as a handyman for the Smart family.

During the government's opening statements last week, Assistant U.S. Attorney Felice Viti told jurors that Elizabeth Smart was dragged from Utah to California to Nevada and back again during a "nightmare" in which she was constantly raped and drugged and forced to drink alcohol, smoke cigarettes and watch Mitchell and Barzee having sex.

In the weeks following her abduction, the girl was held between two trees by an ankle cable and given a bucket to relieve herself in.

"The once limitless horizons of Elizabeth's world went no further than the ength of the cable," Viti said, according to court transcripts posted by the Tribune. "She was nscri ordered to strip, was told she was married to a man she didn't know, raped and tied between two trees ... and told that this was her new life. That tent was her new home. That bucket her new bathroom."

Elizabeth was rescued in March 2003. She was found wearing long robes and wandering in a Salt Lake City suburb in the company of Mitchell and Barzee.

Barzee's case had been delayed for years after her attorneys claimed she was ncompetent to stand trial. A Utah judge approved forcibly medicating her with incompetent to stand trial. A Utah judge approved forcibly medicating her with antipsychotic drugs, and she pleaded guilty to kidnapping charges in November 2009. She is serving a 15-year sentence.

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