Elizabeth Smart Testifies Against Captors/Brian David Mitchell Sentenced To Life In Prison

Elizabeth Smart To Testify Against Her Captors...

SALT LAKE CITY (Sept. 25) – Elizabeth Smart would tell a court the former street preacher accused of abducting her was motivated by sex, not religion, if she is allowed to testify at his competency hearing, a federal prosecutor said Friday.
If Smart's testimony is allowed, it would be the first time she has faced Brian David Mitchell in court.

Read more: http://news.aol.com/article/elizabeth-smart-may-face-alleged/688202

I agree with Ed Smart that Mitchell's antics are an act. Mitchell is a sexual deviant who needs to stand trial and do his time in prison.

What a strong, beautiful girl Elizabeth is. Somehow I knew she would be the kind of girl who would overcome this tragedy, as it appears she has.
Why hasn't this scumbag been sentenced?

http://news.yahoo.com/s/ap/20091001/ap_on_re_us/us_elizabeth_smart_1

oops. what happened to the video? It was on here earlier? Am I seeing things??

mimi4all wrote:oops. what happened to the video? It was on here earlier? Am I seeing things??

Hhhmmm, It's there. At least I see it, lol.

It's there. I saw it; then it was just scrambled codes for a minute, lol
Just heard on HLN that Elizabeth testified that she was raped repeatedly EVERY DAY by this monster.
It's amazing that she's been able to move on with her life like she has.

If you ever see scrambled code on this site, go to your profile and make sure you have html enabled. Here is a link showing how to enable it. http://www.realitychatter.com/site-help-suggestions-f5/please-enable-html-in-your-profile-t518.htm

I'm glad Elizabeth is doing well. I hope Brian David Mitchell is ruled competent to stand trial so he can pay for his crimes.

This just posted about what Elizabeth testified. Disgusting and sickening.

Elizabeth Smart says she was raped daily
Posted 1h 23m ago | Comments 16 | Recommend 1 E-mail | Save | Print |


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SALT LAKE CITY (AP) — Elizabeth Smart testified Thursday 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.

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.

http://www.usatoday.com/news/nation/2009-10-01-elizabeth-smart-testifies_N.htm?csp=34

Don't you know this was horrible for her parents to have to listen to also? After seeing her father, Ed, on the video earlier, saying that they hadn't ever even asked her about what happened during that time...

It is totally disgusting what Mitchell did to Elizabeth. I can't imagine what the parents are going through listening to that. I hope Elizabeth's testimony helps get the court to rule that Mitchell is competent to stand trial.

Thanks for posting the link Mimi. Here's another article on her testimony. It's so sad that she would have to testify, as well as her parents having to sit there & listen to it. They are all so very brave.

http://abcnews.go.com/US/elizabeth-smart-testifies-raped-kidnapper/story?id=8724302

Oh, I KNOW, fysty. Can you imagine what that was like for her to have to look at that creep, much less talk about it with her parents sitting there? What a nightmare. Her story (and Jaycee) is the only reason that I hold out just a tiny hope for HaLeigh.
I can't believe that creep gave her drugs and alcohol to "have his way" with her.
I know it appears she seems to be doing great under the circumstances, but wonder if anyone is really EVER over something so traumatic.

Smart said Mitchell plied her with alcohol and drugs to lower her resistance.
http://www.usatoday.com/news/nation/2009-10-01-elizabeth-smart-testifies_N.htm?csp=34

He had her for 9 months. Wouldn't she have been addicted to certain drugs by then, depending on what they were? Doesn't take but a couple of weeks to become addicted to pain meds/anxiety meds if taken on a regular basis.
I can't imagine what this girl went through after her return back home.

You know, it was probably better that she was drugged or plastered with booze. Think about it. At least some of what was happening to her could have been fogged out. JMO. I can't even imagine living through something like this.

Elizabeth is obviously a very strong young woman. She wanted to protect her parents, save them from absolute heartache, by not revealing what she had to endure at the hands of this sick beast. I know someone very much like her, no details until in front of a grand jury. I can't tell you how shocking and devastating it can be to learn in great detail what was done to a child. I truly wish her parents great strength in having to come to terms with this information. I hope Elizabeth will continue to move forward with her young life. I cried when I saw her father on TV this morning. Unfortunately, it's not something you put behind you and move on, it can be a great challenge for many, many years.

Ed Smart on Elizabeth: Elizabeth was amazing; Brian David Mitchell Is An Animal

http://abcnews.go.com/GMA/ed-smart-elizabeth-smart-brian-david-mitchell-gma/story?id=8730857

Ed Smart said today that he was "incredibly proud" of his daughter Elizabeth Smart after she took the stand Thursday to testify against her alleged abductor, and that he had "no idea of the scope" of the abuse she underwent at the hands of Brian David Mitchell.


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The 21-year-old says she was raped daily during her nine months in captivity.

More Photos"I couldn't believe that anyone would be such an animal," Ed Smart told Diane Sawyer today on "Good Morning America." "I couldn't believe anyone could be so abusive, so self-absorbed and so selfish."

Elizabeth Smart appeared composed and calm on the stand Thursday as she recounted nine months of horror. She testified that she was raped "on a daily basis up to three or four times" by Mitchell, the homeless preacher who allegedly kidnapped Smart when she was 14 and held her captive for nine months.

Smart and wife Lois accompanied their daughter to court, and he visibly winced as his daughter described how she was treated during her captivity

A woman accused of helping kidnap Utah teenager Elizabeth Smart from her bed in 2002 apologized to the young woman Tuesday as she pleaded guilty to federal charges.

"I'm greatly humbled as I realize how much Elizabeth Smart has been victimized and the role I played in it," Wanda Eileen Barzee said during a court hearing Tuesday.

"I'm so sorry, Elizabeth, for all the pain and suffering I have caused you and your family," she said, according to a court transcript. "It is my hope that you will be able to find it in your heart to forgive me one day."

Barzee, 64, pleaded guilty in federal court to kidnapping and unlawful transportation of a minor, and she said she will plead guilty in state court to conspiracy to commit aggravated kidnapping. She also agreed to cooperate with prosecutors in the state and federal cases against her husband, Brian David Mitchell, said Brett Tolman, the U.S. attorney for Utah.

Read the plea agreement

The couple is accused of abducting Smart, then 14, at knifepoint from her bedroom in her family's Salt Lake City home in June 2002. Smart was found nine months later, walking down a street in the Salt Lake City suburb of Sandy, Utah, in the company of Barzee and Mitchell, a drifter and self-described prophet who calls himself Emmanuel and had done some handyman work at the Smarts' home.

Smart was not in court Tuesday to hear the apology, but her father, Ed Smart, said 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."

Asked about Barzee's apology, Ed Smart said, "I just hope that it was sincere and that she will continue on that track and prove that through the rest of Brian Mitchell's trial, or whatever happens. ... I felt it was sincere. I hope it was sincere."

Read more: http://www.cnn.com/2009/CRIME/11/17/smart.plea/index.html

Ed Smart is right. Barzee chose to be the victim. She also admitted that she encouraged Brian David Mitchell to carry out the kidnapping.

Ms. Barzee appears to have a makeover as well.... barfee

Federal judge rules Elizabeth Smart suspect competent to stand trial

March 1, 2010 5:24 p.m. EST

(CNN) -- Brian David Mitchell, accused of kidnapping Utah teenager Elizabeth Smart in 2002, is competent to stand trial, a federal judge ruled Monday.

Carlie Christensen, acting U.S. attorney for Utah, released a statement saying she was pleased with U.S. District Judge Dale Kimball's ruling, calling it "a significant step toward holding the defendant accountable for his conduct."

Mitchell, now 56, is accused of abducting Smart, then 14, at knifepoint from her bedroom in her family's Salt Lake City home in June 2002. Smart was found nine months later, walking down a street in the Salt Lake City suburb of Sandy, Utah, in the company of Mitchell and his wife, Wanda Eileen Barzee. Mitchell, a drifter and self-described prophet who called himself Emmanuel, had done some handyman work at the Smarts' home.

In November, Barzee, now 64, pleaded guilty in federal court to kidnapping and unlawful transportation of a minor in connection with Smart's abduction. As part of her plea deal with prosecutors, she entered a guilty plea to a lesser charge and agreed to cooperate in the state and federal cases against her husband.

Smart, now 21, testified at a competency hearing for Mitchell in October, saying she had been held captive in Utah and California after her abduction. Just after she was kidnapped, she testified, Mitchell took her to a wooded area behind her home and performed a mock marriage ceremony with her, then raped her. She said that during the nine months of her captivity, no 24-hour period passed without her being raped by Mitchell.

State court proceedings against Mitchell had been on hold pending the outcome of the federal case against him.

Read the judge's opinion

"Elizabeth Smart, her family and this community have waited many years for resolution of this case," Christensen said in the statement.

"While we have great respect for the state court efforts in this case, we believe that the additional in-depth testimony of both fact and expert witnesses presented to Judge Kimball in the federal competency proceedings was instrumental in his decision-making process," she said. "Many of these fact and expert witnesses testified for the first time during the federal competency hearing."

As a next step, Kimball will set a date for Mitchell's trial to begin, she said. His ruling on Mitchell's competency cannot be appealed until after the case concludes.

Barzee had been housed at the Utah State Hospital while courts determined her competency as well as that of her husband. After years of being declared incompetent, she was found competent to stand trial, according to The Salt Lake Tribune. A state court had ruled she could be forcibly medicated, and that ruling led federal prosecutors to bring a case against the couple.

Last month, Barzee pleaded guilty but mentally ill in state court in the attempted kidnapping of Smart's cousin a month after Smart's disappearance. In exchange for her plea to one count of conspiracy to commit aggravated kidnapping, state prosecutors dropped charges against her in Smart's abduction, according to Nancy Volmer, spokeswoman for Utah state courts.

Federal prosecutors have recommended that Barzee serve a 15-year prison sentence but asked that her sentencing date be continued to allow for her prosecution in the case against Mitchell. She faces between one and 15 years in prison on the state charge, but prosecutors agreed to allow that sentence to run concurrently with the federal sentence. Sentencing is set for May 21 on the state charge.

At her plea hearing, she apologized to Smart and her family, saying, "I'm greatly humbled as I realize how much Elizabeth Smart has been victimized and the role I played in it.

"I'm so sorry, Elizabeth, for all the pain and suffering I have caused you and your family," she said, according to a court transcript. "It is my hope that you will be able to find it in your heart to forgive me one day."

Smart was not in court to hear her apology. But her father, Ed Smart, told reporters afterward, "I just hope that it was sincere, and that she will continue on that track and prove that through the rest of Brian Mitchell's trial, or whatever happens."

http://www.cnn.com/2010/CRIME/03/01/elizabeth.smart.suspect/index.html?eref=rss_crime&iref=nancygrace

Elizabeth Smart amazes me. I have the utmost respect for her. She survived abuction, captivity and continuous rapes. She stood bravely and told her story. And thank goodness they were finally able to state he was faking his mental illness and will have to stand trial.

I was very happy to find out that they ruled Mitchell competent to stand trial. Now he can finally pay for his crimes.

Elizabeth Smart kidnap suspect to stand trial in November

March 14, 2010 10:58 a.m. EDT

(CNN) -- A November 1 trial date has been set for Brian David Mitchell, who is suspected in the 2002 kidnapping of Utah teenager Elizabeth Smart, said a spokeswoman for federal prosecutors.

U.S. District Judge Dale Kimball set the trial date at a scheduling conference Friday, said Melodie Rydalch, spokeswoman for the U.S. attorney's office in Utah. Mitchell was not in court that day, she said.

The trial is expected to take two weeks, according to the case file. Mitchell's defense attorneys have apparently indicated they will file a motion asking for a change of venue, as the case file said Kimball set a May 26 deadline for the motion and agreed to hear arguments before July 11.

Mitchell is accused of abducting Smart, then 14, at knifepoint from her bedroom in her family's Salt Lake City, Utah, home in June 2002. Smart was found nine months later, walking down a street in the Salt Lake City suburb of Sandy with Mitchell and his wife, Wanda Eileen Barzee. Mitchell, a drifter and self-described prophet who called himself "Emmanuel," had done some handyman work at the Smarts' home.

Barzee, now 64, pleaded guilty in November to kidnapping and unlawful transportation of a minor. As part of a plea deal with prosecutors, she agreed to cooperate in the state and federal cases against her husband.

Earlier this month, Kimball ruled Mitchell, now 56, is competent to stand trial. State court proceedings against him have been on hold pending the outcome of the federal case.

Smart, now 21, testified in October as part of Mitchell's competency hearing that after kidnapping her, Mitchell took her to a wooded area behind her home and performed a mock marriage ceremony with her before sexually assaulting her. She testified that in the nine months of her captivity, no 24-hour period passed without Mitchell raping her.

Kimball's ruling on Mitchell's competency cannot be appealed until after the case concludes.

Barzee had been housed at the Utah State Hospital while courts determined her competency as well as that of her husband. A state court had ruled she could be forcibly medicated, and that ruling led federal prosecutors to file charges against her.

Last month, Barzee pleaded guilty but mentally ill in state court in the attempted kidnapping of Smart's cousin a month after her kidnapping. In exchange for the plea to one count of conspiracy to commit aggravated kidnapping, state prosecutors dropped charges against Barzee in Smart's abduction.

Federal prosecutors have recommended that Barzee serve a sentence of 15 years, but asked that her sentencing date be continued to allow for her participation in the case against Mitchell. She faces between one and 15 years in prison on the state charge, but prosecutors agreed to allow that sentence to run concurrently with the federal sentence.

http://www.cnn.com/2010/CRIME/03/14/elizabeth.smart.trial/index.html?hpt=T2

Feds seek 15 years for Elizabeth Smart's kidnapper

By Ashley Hayes, CNN
May 21, 2010 9:51 a.m. EDT

(CNN) -- Federal prosecutors are asking a judge to sentence a woman who kidnapped Utah teen Elizabeth Smart to 15 years in prison.

Wanda Eileen Barzee will be sentenced this afternoon in Smart's 2002 and for an attempt to snatch Smart's cousin a month later.

Barzee, 64, faces a sentence ranging from one to 15 years after agreeing to cooperate in the prosecution of her husband, Brian David Mitchell. He is awaiting trial.

Barzee pleaded guilty to federal charges of kidnapping and unlawful transportation of a minor in Smart's kidnapping. It is the federal case that exposes her to the most prison time.

Barzee and Mitchell were accused of abducting Smart, then 14, at knifepoint from her bedroom in her family's Salt Lake City, Utah, home in June 2002. Smart 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 and had done some handyman work at the Smarts' home.

Federal prosecutors have recommended Barzee be sentenced to 15 years in prison in exchange for cooperation against Mitchell.

In state court in February, Barzee pleaded guilty but mentally ill to one count of conspiracy to commit aggravated kidnapping in the attempted kidnapping of Smart's cousin. In exchange for her plea, prosecutors dropped state charges against her in Smart's abduction, said Nancy Volmer, spokeswoman for Utah state courts.

The month after Smart was kidnapped, prosecutors alleged, Barzee and Mitchell attempted to break into the home of her cousin, but were unsuccessful. The girl was 15 years old at the time, according to CNN affiliate KSL-TV. She is not named in court documents.

"Mr. Mitchell's attempt was thwarted when the minor child awakened, which caused Mr. Mitchell to flee," the court documents say.

After her arrest in 2003, Barzee told authorities that she and Mitchell went to the home to abduct the girl, and planned to hold her, along with Smart, in the couple's camp in the mountains, according to court documents.

Although Barzee faces up to years in state sentence to run concurrently with her federal sentence if she cooperates with the case against Mitchell, said Mark Biljanic, spokesman for the Salt Lake County district attorney's office.

The federal sentencing will be held first Friday, at 10:30 a.m., followed by the state court sentencing at 1 p.m.

When she pleaded guilty to Smart's kidnapping in federal court, Barzee apologized to Smart, according to a transcript.

"I'm greatly humbled as I realize how much Elizabeth Smart has been victimized and the role I played in it," she said. "I'm so sorry, Elizabeth, for all the pain and suffering I have caused you and your family. It is my hope that you will be able to find it in your heart to forgive me one day."

Barzee had 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 in October, Smart, now 21, testified that she had been held captive in Utah and California. 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, Smart testified, no 24-hour period passed without her being raped by Mitchell.

In March, U.S. District Judge Dale Kimball ruled Mitchell competent to stand trial. His federal trial is set to begin November 1. State court proceedings against him are on hold pending the outcome of the federal case.

http://www.cnn.com/2010/CRIME/05/21/utah.elizabeth.smart.kidnapper/index.html?hpt=T2

Woman Sentenced in Elizabeth Smart Case

By R. STICKNEY
Updated 1:45 PM PDT, Fri, May 21, 2010



The woman who kidnapped Elizabeth Smart, holding her in Lakeside for several months during the young girl's ordeal, has been sentenced to prison twice in one day.

Wanda Barzee was sentenced in federal court to 15 years in prison in the kidnapping of Smart, with credit for seven years already served. Then, hours later, Barzee was sentenced in state court to one to 15 years in prison in the attempted kidnapping of Smart's cousin about six weeks after Smart's 2002 abduction.

Smart was 14 in 2002 when she was kidnapped at knifepoint from her bedroom.

Several people reported seeing Smart and her abductors dressed in robes in Lakeside. Some believed they lived in a trailer. The man arrested for kidnapping Smart, Brian David Mitchell, was arrested for breaking into a Lakeside church. Mitchell gave deputies a fake name, Michael Jenson, and pleaded guilty to vandalism. He paid a fine and got probation.

"At the time we arrested him, at the time we released him, he was not identified as a suspect in the Elizabeth Smart case and we had no reason to believe that Elizabeth Smart was in the San Diego area," said a sheriff's spokesperson in 2002.

Deputies said they ran Mitchell's fingerprints and found he had no outstanding warrants.

Two weeks later, Mitchell was named as a suspect in Smart's disappearance.

State court Judge Judith Atherton ordered that Barzee's sentence be served concurrently with her federal sentence.

The 64-year-old Barzee pleaded guilty but mentally ill in state court in the attempted kidnapping of the cousin.

http://www.nbcsandiego.com/news/local-beat/Woman-Sentenced-in-Elizabeth-Smart-Case--94613399.html

McEntee: Lois Smart breaks her silence

By Peg McEntee
Tribune Columnist
Updated: 05/21/2010 05:51:15 PM MDT

Like a trellis intertwined with roses and thorns, the story of Elizabeth Smart is very much about the women who have been so important in her life.

Her mother, Lois, very privately kept hope and strength alive during the nine months her daughter was missing. One of her grandmothers, Dorotha Smart, played piano-and-harp duets with Elizabeth after she finally came home seven years ago.

On the other side, there's Wanda Barzee, whose descent into madness and religious zealotry took her away from her children and her mother, Dora Corbett. Now that Wanda has been treated successfully for her mental illness, she and her mother have reunited.

And in a tangential way, it's about all the other mothers, including me, who watched the terrible saga unfold and held our own daughters close.

Ed Smart has been the family's voice since the day Elizabeth was taken in 2002. Lois chose to remain in the background, praying for her daughter and being a good mother to the rest of her children, who were anguished in their own ways until their sister returned.

But on Friday, Lois stood straight and tall, looked Wanda in the eyes and gave her hell.

"Wanda Barzee, what you did to Elizabeth was wrong and evil in ways you'll never know," she said. "She was tormented, tortured and treated ill by a mother. Mothers don't do that."

Horrifically, they do. Ethan Stacy was beaten to death over five days in his mother's presence. Shelby Andrews died at her stepmother's hands; her father was complicit. Andrea Yates, also a mentally ill religious zealot, drowned her five children and remains in a Texas prison.

Each case is like another slice into the heart of our collective parenthood, loving fathers and mothers alike. And, like Lois, we wonder how a woman could harm any child.

I do believe there is great good in this world, and great evil, and that none of us can escape their touch. Most of us, fathers and mothers, will do anything -- anything -- to protect our children.

Long ago, Wanda Barzee left her children for Brian David Mitchell. That sly, vicious man used her as a tool against Elizabeth, a fact Barzee now seems to recognize.

Barring the unforeseen, she'll be testifying against him at his trial, set for late this year.

Not for the first time, Wanda apologized for the "pain and suffering" she caused the Smart family.

Lois remained unmoved. Elizabeth, she said, is a bright, thriving young woman on a mission for her church, "no thanks to you."

"I hope," Lois said with ice in her voice, "you can make peace with your maker."

Our daughter is grown and thriving too, living in a California beach town. On days like this, having heard what I did, I want only to hold her close again and tell her how much I love her.

As I imagine Dora Corbett, sitting not 10 feet away from Wanda, also yearned to do.

http://www.sltrib.com/D=g/ci_15137256

Elizabeth Smart Update: No Change in Venue for Brian David Mitchell

August 17, 2010 2:57 PM
Posted by Edecio Martinez


Brian David Mitchell (AP Photo/Douglas C. Pizac)

SALT LAKE CITY (CBS/AP) A federal judge said Monday he won't move the upcoming trial of Brian David Mitchell, the man charged with kidnapping Elizabeth Smart - at least for now.

Defense attorneys had argued that intense publicity about the case had so tainted the jury pool that Mitchell could not get a fair trial in Utah.

U.S. District Court Judge Dale Kimball said the presumed prejudice against the former street preacher did not meet the constitutional standard that would require him to move the November trial to another venue.

However, Kimball said publicity surrounding the case does raise concerns over seating an impartial jury. He said court rules allow him to delay a final decision on moving the case until responses to a jury questionnaire can be reviewed.

Read more:
http://www.cbsnews.com/8301-504083_162-20013881-504083.html?tag=contentMain;contentBody

McEntee: For Elizabeth Smart, the final chapter begins

By PEG MCENTEE

Tribune Columnist
Published Oct 29, 2010 10:47PM

At last.

Eight years after Elizabeth Smart’s abduction, Brian David Mitchell will stand trial starting Monday.

All the anguish and joy, the fear and anger and relief, the legal maneuvering, mental evaluations and court rulings, have led to this day.

Barring a last-minute complication, Mitchell will be led into a federal courtroom, shackled and probably singing hymns, to face judgment.

“We’re anxious to see it over with,” said Ed Smart, adding that prosecutors have asked the family not to talk much about it.

“We have utmost confidence in what the prosecution has prepared for,” he said. “And Judge [Dale] Kimball has been very clear and reasonable.”

Elizabeth herself will take the stand again — she testified last October — as will her mother, Lois, her sister, Mary Katherine, and as many as 41 other witnesses. As always, her father and other family members will be in the gallery.

Read more: http://www.sltrib.com/sltrib/home/50570337-76/elizabeth-family-smart-mcentee.html.csp

Thank God, it's about time.

Mitchell only last 20 minutes in court before judge ordered him out, for singing the hymns as J4a predicted above.

Elizabeth Smart kidnap suspect kicked out of court

By JENNIFER DOBNER Associated Press Writer The Associated Press
Monday, November 1, 2010 1:39 PM EDT

SALT LAKE CITY (AP) — The man accused of the 2002 abduction of Elizabeth Smart was kicked out of a federal courtroom Monday for singing hymns as jury selection for his trial got under way.

U.S. District Judge Dale Kimball tolerated about a half-hour of Brian David Mitchell's soft hymns before ordering Mitchell to be taken to another room in Salt Lake City's federal courthouse to watch Monday's proceedings by remote video.

Kimball also rejected Mitchell's request to don the robes he was wearing when he was arrested with Smart in March 2003, nine months after the girl vanished from her bedroom.

Mitchell faces federal charges of kidnapping and unlawful transportation of a minor across state lines. He could spend the rest of his life in prison if convicted.

Federal prosecutors moved to take over the case in 2008 after a parallel state court case stalled over questions about Mitchell's mental health.

Read more: http://www.charter.net/news/read.php?rip_id=%3CD9J7F9480%40news.ap.org%3E&ps=1011

And you know, look how long this has taken to get to this point! YEARS!

~Snipped~

Barzee, 64, pleaded guilty last year to federal charges related to Smart's kidnapping and is serving a 15-year term in federal prison. The plea came after Barzee was ordered by a state judge to undergo forced mental health treatment at the Utah State Hospital to restore her competency to stand trial.

As part of a plea agreement, Barzee said she would cooperate with prosecutors in cases pending in state and federal court. But Barzee's name doesn't appear on the list of 22 witnesses the government plans to call in Mitchell's trial. Instead, court papers show Barzee listed among the 24 people defense attorneys plan to call to testify on Mitchell's behalf.

Wanda Barzee is on the defense list!!

17 prospective jurors selected so far in Elizabeth Smart kidnapping trial

Published: Tuesday, Nov. 2, 2010 1:16 p.m. MDT
By Pat Reavy, Deseret News



SALT LAKE CITY — The slow process of selecting potential jurors for the Elizabeth Smart kidnapping trial continued Tuesday afternoon.

So far, 17 prospective jurors have been selected and 12 have been rejected.

U.S. District Judge Dale Kimball said he needs to retain 32 prospective jurors before proceeding to the next phase, when the jury pool will be whittled down to a 12-member panel with two alternates, who will decide the fate of Brian David Mitchell.

Once 32 people whom the judge believes to be appropriate candidates are selected, the defense will be allowed to eliminate 11 of those potential jurors while prosecutors will be allowed to eliminate seven.

The drawn-out procedure appears to be wearing Kimball's patience. He has encouraged attorneys to "move this along." He has also reminded the attorneys that the process is designed to "select a fair jury, not one favorable to one side."

Attorneys are currently questioning an average of three potential jurors per hour. Defense attorneys routinely question candidates for about 15 to 20 minutes, while prosecutors then spend and average of about two minutes asking basic yes or no questions.

So far, all prospective jurors have heard of Elizabeth Smart and all know she was found with Mitchell and — to various degrees — assume he's responsible for taking her. Defense attorneys have asked the judge to dismiss all but one of them, arguing that each already has a fixed belief about Mitchell.

But Kimball told defense attorneys Tuesday that using their standards, anyone who has ever read about any criminal case in the newspaper should be dismissed from a jury.

"The fact somebody read something about a case does not disqualify them," the judge said.

Read more: http://www.deseretnews.com/article/700078201/17-prospective-jurors-selected-so-far-in-Elizabeth-Smart-kidnapping-trial.html

Jury selection pace picks up; opening arguments in Elizabeth Smart kidnapping trial likely to begin Thursday

Published: Wednesday, Nov. 3, 2010 9:23 a.m. MDT
By Pat Reavy, Deseret News

SALT LAKE CITY — A day after a federal judge scolded attorneys in the Elizabeth Smart kidnapping trial for the slow pace of jury selection, the process noticeably picked up Wednesday morning.

If the pace continues, a 12-member jury panel with two alternates could officially be chosen before the day is over to decide the case against Brian David Mitchell.

By 10:30 a.m. Wednesday, six potential jurors were questioned, and all six were retained, bringing the total of prospective jurors to 28. The court's goal is to retain 32 prospective jurors. When that number is reached, then attorneys will narrow down that list to the final 12 jurors with two alternates.

Defense attorneys will be allowed to choose 11 to dismiss from the pool. Prosecutors will eliminate seven.

Five men and one woman were retained Wednesday morning.

Read more: http://www.deseretnews.com/article/700078438/Jury-selection-pace-picks-up-opening-arguments-in-Elizabeth-Smart-kidnapping-trial-likely-to-begin-Thursday.html

Court grants stay, halts Smart case in Utah !!!!!

updated 43 minutes ago 2010-11-04T17:49:42

SALT LAKE CITY — A federal appeals court on Thursday interrupted the trial for the man accused of kidnapping Elizabeth Smart to rule on a defense motion demanding that it be moved out of Utah.

A three-judge panel of the 10th U.S. Circuit Court of Appeals in Denver agreed to take up the question of whether Brian David Mitchell can get a fair trial because of publicity his lawyers say has tainted the jury pool.

http://www.msnbc.msn.com/id/40009414/ns/us_news-crime_and_courts/

This is unbelievable! A change in venue will not make a difference. The victim survived this hellish nightmare, she's there to tell what they did to her. This is a violation of her rights to keep dragging this out, for what?

I agree Piper. Justice is long overdue. It doesn't matter where this case is tried or whether the jurors have heard of this case or not, Mitchell will be found guilty. They need to get on with it already.

I don't know if they will find anyone who didn't hear about Elizabeth Smart when she went missing. It was nationwide, after all. It doesn't mean the jurors can't be fair and unbiased.

Mitchell committed the crime in Utah... why should he get any benefit of moving the trial out of Utah? You're right, Piper... what about Elizabeth's rights? Was Mitchell thinking about her rights when he kidnapped her from her bed in the middle of the night and repeatedly raped her for months on end???? I'm so sick of our justice system always worrying about the rights of the frackin criminal!

You know what? If you don't commit a crime... you don't have to worry about where your trial is held and whether or not you can get a fair trial!!!!

OK... I'm done.... for now.

Appeals court rejects effort to move Smart trial

Associated Press
Posted on November 5, 2010 at 11:00 AM
Updated today at 11:05 AM

SALT LAKE CITY (AP) — A federal appeals court has rejected a defense effort to move the Elizabeth Smart kidnapping trial out of Utah.

The 10th Circuit Court of Appeals in Denver ruled Friday that pretrial publicity didn't merit a change of venue, despite protests by attorneys for Brian David Mitchell.

http://www.azfamily.com/news/national/106776333.html

Oh, thank goodness!!!! The Appeals Court got this one right!!!

I'm glad The Appeals Court didn't waste any time. The trial resumes Monday.

Prosecutor: Elizabeth Smart's Testimony Beyond 'Disturbing'

November 5, 2010

~Snipped~

A prosecutor provided a sneak preview of Smart's story in his opening statement Thursday, saying Smart "was threatened, sexually abused, degraded and humiliated."

He acknowledged the story he was telling was "disturbing." It is even more troubling to hear, he said, in Smart's own words.

Smart had been scheduled to appear as the prosecution's third witness, following her mother, Lois, and sister, Mary Katherine. She had returned to Utah from France where she was on a mission, a rite of passage for all young people raised in the Mormon faith. Had things gone as planned, she likely would have been on the witness stand Friday.

But a defense challenge over the location of the trial won the attention of a federal appeals court, which halted the trial on Thursday. Smart was sitting with her family in courtroom, and the family had no comment as they left the courthouse.

On Friday, the court cleared the way for the trial to resume. Mitchell is charged with kidnapping and transporting a minor across state lines for improper purposes. It is not yet clear when Smart might begin her testimony.

Read more: http://www.cnn.com/2010/CRIME/11/05/utah.smart.trial/

Glad to hear the trial will resume on Monday, no respite for the sick SOB. What a waste of time, Elizabeth's and everyone else. She had traveled back home from France to testify only to push her testimony out even longer. I would think she wants this over with and behind her. She's a very brave and strong young woman. Her ability to move forward with her life in such a positive and constructive way just amazes me.

This is really terrible. But it's good to know that she's safe now. Brian David Mitchell gamed the system for years to avoid going on court for the abduction of Smart. More than eight years have passed since Smart went missing at age 14 in Salt Lake City. Court selection for Mitchell's court began Monday. Mitchell's wife was convicted last year within the Elizabeth Smart circumstance and might testify against him as his lawyers seek to portray the man as crazy.

Elizabeth Smart: I woke up to a knife on my neck

By JENNIFER DOBNER Associated Press
Story Updated: Nov 8, 2010 at 12:01 PM PST



SALT LAKE CITY (AP) - Elizabeth Smart told jurors Monday how she was awakened with a cold knife on her neck and initially thought her 2002 abduction was a nightmare.

"It was just indescribable fear," she said on the stand during the first day of testimony in the Salt Lake City federal trial of Brian David Mitchell, who is charged with kidnapping and unlawful transportation of a minor.

The case resumed after an appeals court rejected a request to move the case out of Utah.

Smart, who was 14 when she was taken, described her nine-month abduction, including how she was awakened by a man's voice.

"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 your family," she said.

Read more: http://www.komonews.com/news/national/106903463.html

Elizabeth Smart kidnapping trial

By Sheena McFarland and Aaron Falk
The Salt Lake Tribune
Published Nov 8, 2010 05:46PM

Note: Read a transcript of Elizabeth Smart’s testimony here: http://www.sltrib.com/sltrib/home/50632966-76/smart-viti-yes-award.html.csp

Note: Read the testimony of Mary Katherine Smart by clicking here: http://www.sltrib.com/sltrib/home/50632306-76/smart-cook-elizabeth-yes.html.csp

Elizabeth Smart on Monday told a packed Salt Lake City courtroom how she willed herself to survive nine months of captivity and sexual assaults at the hands of Brian David Mitchell.

Now 23, Elizabeth told jurors what her life as a 14 year old was like before Mitchell took her from her Federal Heights home on the night of June 4, 2002.

“I was interested in excelling in school,” she said of herself at the time. “I loved to read, loved to horseback ride, enjoyed running, I was very dedicated to playing the harp and learning how to perform with the harp.”

But that all changed, Elizabeth testified, when Mitchell used a cable to tether her in an outdoor camp where he and his wife hid her from the world. Soon, she said, he began raping her.

“He had succeeded in taking me up to his camp, he had threatened me and tethered me between two trees like an animal, and at that point I felt like it didn’t matter,” Elizabeth told the court. “I felt like because what he had done to me, I was marked, I wasn’t clean, I wasn’t pure, I wasn’t worth the same...I felt like I could take the risk of being killed and try to escape.”

Yet a time came when Elizabeth said she changed her mind.

“I started to think about my family, my parents, what my life had been before,” she testified. “It didn’t matter what happened to me, my parents would always love me, no matter what he did to me. That couldn’t be changed, that I was still a person of worth...No matter what it took, I would live, I would survive. I would do everything he told me to do to keep my life and my family’s life intact.”

Read more: http://www.sltrib.com/sltrib/home/50630799-76/brian-mitchell-debbie-beliefs.html.csp?page=1

Smart Tells Of Close Call With Detective
Smart Says Detection Tried To See Behind Veil But Backed Down

JENNIFER DOBNER, Associated Press
UPDATED: 2:45 pm CST November 9, 2010

SALT LAKE CITY -- Elizabeth Smart told jurors Tuesday how a Salt Lake City police detective tried to see behind her veil but backed down when the man accused of kidnapping her said her face was hidden for religious reasons.

"I was mad at myself, that I didn't say anything," she said on her second day of testimony in the federal trial of Brian David Mitchell. "I felt terrible that the detective hadn't pushed harder and had just walked away."

Smart, now 23, was 14 when she was taken at knifepoint in June 2002 while sleeping. Nine months later, motorists spotted her walking in a Salt Lake City suburb with Mitchell.

Mitchell, 57, faces life in prison if he is convicted of kidnapping and unlawful transportation of a minor across state lines with the intent to engage in criminal sexual activity.

The close call happened months after her abduction.

The detective had approached a robed Smart sitting at a library table and asked if he could look under the veil she wore across her face.

"He said he was looking for Elizabeth Smart," Smart said.

Under the table, Mitchell's wife at the time, Wanda Eileen Barzee, squeezed Smart's leg - a sign, Smart said, that she should remain quiet.

Mitchell stood between Smart and the detective.

"He said that it was not allowed in our religion and that only my husband would ever see my face." she said.

The detective pressed.

"He asked if he could be a part of our religion for a day, just so he could see my face, just so he could go back (to the police station) and say, 'no it wasn't Elizabeth Smart'," she said.

Mitchell remained cool and calm, stating again firmly that it would not be allowed. The detective gave up and left, Smart said.

Read more: http://www.click2houston.com/news/25685489/detail.html

Elizabeth Smart details kidnapping for 2nd day at Mitchell trial

Ben Winslow, Reporter FOX 13 News
6:06 p.m. EST, November 9, 2010

SALT LAKE CITY — Elizabeth Smart gave detailed testimony on the second day of the federal trial of Brian David Mitchell, including a close call with a detective, an escape attempt, rape, drug use, her move to San Diego and her trip back to Salt Lake City.

Mitchell, 57, is facing charges of kidnapping and unlawful transportation of a minor across state lines. He could spend the rest of his life in prison if convicted.

Smart, then 14, was kidnapped from her bedroom back in 2002. She was found nine months later, in the company of the homeless street preacher and his wife, Wanda Barzee. Smart testified at a mental competency hearing for Mitchell that she was forced to "marry" him. She says she was raped almost daily during her ordeal.

The trial is scheduled to last until Dec. 10.

Catch up with our live blog here for the latest updates from Fox 13's Ben Winslow on the trial:

UPDATE at 2:11 p.m: WARNING: GRAPHIC TESTIMONY INCLUDED: Federal prosecutor Felice Viti has had Elizabeth Smart recap some things from her time in California. As the afternoon wore on, Smart's voice began to sound tired.

Read more: http://www.petoskeynews.com/news/nationworld/kstu-elizabeth-smart-trial-resumes-utah,0,2970308.story?page=1

I read an article last night in the Salt Lake Tribune, Salt Lake City, Utah about the Brian Davis Mitchell trial and the testimony that took place 11-8-10.

The Tribune indicated they would post the transcripts for the testimony of Elizabeth Smart. I read yesterday's transcript. Interesting!

This is today's current article from the Salt Lake Tribune:
~~~~~~~~~

Complete: The Nov. 9 testimony of Elizabeth Smart
By Sheena McFarland
and Aaron Falk

The Salt Lake Tribune
Published Nov 9, 2010 12:08PM
Updated 3 minutes ago Updated Nov 9, 2010 05:18PM

To read part one of Elizabeth Smart’s testimony on Nov. 8, click here: http://www.sltrib.com/sltrib/home/50632966-76/smart-viti-yes-defendant.html.csp

Elizabeth Smart continued testifying about her 2002 kidnapping Tuesday in U.S. District Court in Salt Lake City.

Smart began testifying Monday about her ordeal at the hands of Brian David Mitchell and his wife, Wanda Barzee. She described how she was taken from her home in the middle of the night, forced to a campsite in the foothills above her home and held captive and raped repeatedly for several weeks.

The Tribune is continuing to produce its own transcript of the testimony via its reporters at the courthouse. This is a complete account of Tuesday’s testimony. Smart will again take the stand on Wednesday.

WARNING: The testimony contains graphic language, including curse words and explicit depictions of sexual abuse.
Brian David Mitchell enters the courtroom singing the hymn of “Reverently, Quietly” but with different words. He then begins singing Jesus Once of Humble Birth.

Read more: http://www.sltrib.com/sltrib/home/50639245-76/smart-viti-yes-cable.html.csp

My heart goes out to Elizabeth and her courage to survive. She lived with a threat, from the moment of abduction, that she and/or her family would be killed if she didn't comply. I don't know if anyone else here has experienced the agony of a child in your family, or yourself, that has experienced such threats upon their life and the lives of their family thrust upon them during the freaking acts of molestation and rape. Those threats are very real to that child. It's so real it will keep them silent in a chamber of horror, if not only in their mind, but in captivity as well. It's strong enough to keep them from running, or exposing the molester. My family has experienced that and I am so sorry that the horrid details of the rape and sexual slavery that Elizabeth endured, on a daily basis, is now out there and documented for all the world to see. It is still very private and humiliating, the grand jury had all those details. Best of luck to you, Elizabeth. I admire you. You are one amazing young lady!