ELIZABETH SMART - 14 yo (2002) - Federal Heights UT

A federal jury has reached a verdict in the 2002 kidnapping of Elizabeth Smart.
The verdict in the case of Brian David Mitchell will be read Friday in U.S. District Court in Salt Lake City.
The jury started deliberating just after 5:30 p.m. Thursday.
The 57-year-old street preacher is on trial for taking Smart from her Utah home at knife point and holding her captive for nine months when she was 14. He is charged with kidnapping and unlawful transportation of a minor across state lines for the purposes of illegal sex.
Mitchell's attorney doesn't dispute the facts but says his client's actions were colored by delusional beliefs. He has asked the jury to find Mitchell not guilty by reason of insanity and send him to a prison mental hospital.

A federal jury in Utah on Friday convicted an itinerant street preacher, Brian D. Mitchell, in the 2002 abduction of Elizabeth Smart, disregarding defense claims that he was insane.


Colin E. Braley/Associated Press


Brian D. Mitchell was convicted in the 2002 kidnapping.

Ms. Smart was taken when she was 14 from her home in an upper-middle-class neighborhood in Salt Lake City and held for nine months. The jury found Mr. Mitchell guilty of kidnapping and transporting a minor across state lines with the intent to engage in sexual activity. The case galvanized parental nightmares nationwide, but subsequently underscored the power of human resilience with the recovery and return to life that Ms. Smart appears to have made. The detailed description of the captivity at a mental competency hearing last year for Mr. Mitchell, and again last month in the trial itself — how she was repeatedly raped, forced to drink alcohol against the teachings of her Mormon faith and sometimes kept chained — was given even greater poignancy by her aura of mental toughness. She had returned to Utah from a mission for the Church of Jesus Christ of Latter-day Saints to testify. “I hope that not only is this an example that justice can be served in America, but that it is possible to move on after something terrible has happened,” Ms. Smart said after the verdict was read, according to The Associated Press. To a great extent the trial was not about guilt or innocence but Mr. Mitchell’s mental state. His lawyers did not contest the facts of his actions, but instead asked the jury to find him not guilty for reasons of mental illness — that he is a delusional man who believed he was acting under God’s instruction. Prosecutors told the jury that Mr. Mitchell’s professed religious zealotry was simply a front for his violent sexual impulses. His estranged wife, Wanda E. Barzee, had also been charged in the case, but she pleaded guilty but mentally ill to conspiracy to commit aggravated kidnapping in another case — an attempted abduction also in 2002. She then cooperated with prosecutors and testified against Mr. Mitchell at his trial, saying she knew he was a manipulator and a liar. Mr. Mitchell, The A.P. said, could receive up to life in prison when he is sentenced on May 25.

Elizabeth Smart speaks out on Mitchell's sentencing

9:17 p.m. MDT, May 18, 2011
SALT LAKE CITY—

Elizabeth Smart spoke out about her abductor saying she plans to speak directly to Brian David Mitchell during his sentencing.
Smart decided to speak with members of the press a day after Brian David Mitchell and his legal defense proposed a lighter sentence.
Mitchell's attorneys say that Smart came away from her traumatic abduction with no significant psychological damage and used that as reasoning to persuade the judge against a life sentence for Mitchell.
FOX 13 spoke with Smart Wednesday and got her reaction of what will become of the man who was found guilty of abducting, raping and keeping her captive over a nine-month period.
When asked whether if she will be able to look him in the eye she responded saying it will be a question if Mitchell can look her in the eye.
Smart says it is not up to her to decide whether Mitchell’s life sentence is just.
“When it comes down to it, it doesn’t matter what I think, it matters what the judge thinks. And so I can only hope and pray that the right thing will happen," Smart said. “Whether he gets his just punishment here, it will come one day,”
The defense is still pushing for a decision to have Mitchell serve time in a mental health facility. Smart says she leaves this choice up to the judge and hopes that "right thing will happen."
Elizabeth Smart was 14 when she was taken from her bedroom at knifepoint in 2002 and held captive by Mitchell, a homeless street preacher, and his wife, [url=http://www.justice4caylee.org//topic/crime-law-justice/crimes/criminals/wanda-eileen-barzee-PECLB00434122244.topic]Wanda Eileen Barzee[/url], for nine months. Mitchell forced her to "marry" him in a polygamous union.
Smart recently came back from France after completing a mission for the LDS Church.

http://www.fox13now.com/news/local/kstu-elizabeth-smart-speaks-out-on-mitchells-sentencing-20110518,0,2427982.story

Defense says Smart not psychologically damaged



8:54 a.m. MDT, May 18, 2011
SALT LAKE CITY—

Lawyers for convicted kidnapper [url=http://www.justice4caylee.org//topic/crime-law-justice/crimes/criminals/brian-david-mitchell-PECLB00434122243.topic]Brian David Mitchell[/url] claim [url=http://www.justice4caylee.org//topic/crime-law-justice/crimes/crime-victims/elizabeth-smart-PECLB00434122242.topic]Elizabeth Smart[/url] is a "survivor" who was not significantly damaged psychologically by her abduction. They make the claim in a new federal court filing, in an effort to persuade a judge to give Mitchell a lighter sentence.
In the filing, they use some of Elizabeth Smart's words to bolster their case. Defense attorneys were objecting to a pre-sentence report prepared for Mitchell prior to his sentencing next week. The report was prepared by the United States Probation Office.
"Counsel does not agree that U.S.S.G 5K2.3, Extreme Psychological Injury [to the victim], is applicable to this case, since it's application is directly contradicted by the testimony of Ms. Smart and argumented by the government, who vigorously argued that Ms. Smart is a 'survivor' who has not been psychologically injured more than other victims of the offenses at issue," the attorneys wrote.
In an interview with Fox 13, Mitchell's defense attorney, Robert Steele, said that he was making a legal argument for the judge to consider other factors beyond the psychological impact to Elizabeth Smart.
"Even though there is extreme conduct on my client's part, Ms. Smart overcame it," Steele said. "Survived it. Triumphed over it. These are all words used by her and the government."
But Steele said he is focusing on his client's conduct and what factors the judge must consider before he is sentenced. Mitchell faces up to life in prison when he is sentenced. Defense attorneys are seeking to have him detained in a federal mental facility rather than prison.
"There was psychological impact on Ms. Smart," Steele told Fox 13. "There is no doubt about that. In a legal sense, the story is not the extreme psychological injury. The story is her overcoming the extreme conduct of my client."
Elizabeth's father, Ed Smart, said it was "outrageous" but acknowledged it was a legal maneuver on the defense's part.
"You just shake your head and wonder 'What in the world?' " Smart told Fox 13. "What was the psychological damage that was there? Certainly, he had her for nine months as a captive, basically under psychological manipulation."
At age 14, Elizabeth Smart was snatched from her bedroom at knifepoint in 2002. She was held captive by Mitchell, a homeless street preacher, and his wife, [url=http://www.justice4caylee.org//topic/crime-law-justice/crimes/criminals/wanda-eileen-barzee-PECLB00434122244.topic]Wanda Barzee[/url], for nine months. Mitchell forced her to "marry" him in a polygamous union.
Ed Smart said his daughter is indeed a "survivor." She has returned from an LDS mission to France, is completing her college degree and is planning to testify at Mitchell's sentencing. She has also launched "The Elizabeth Smart Foundation," a non-profit that will help victims of child abuse and crime.
"I thank the Lord that Elizabeth is doing so well and that she's able to move beyond this," Smart said. "But the bottom line comes down to, Mitchell has a significant problem. I truly believe that if he got out again, that he would do the same thing."

http://www.fox13now.com/news/local/kstu-elizabeth-smart-defense-smart-not-psychologically-damaged-20110517,0,5031830.story

Elizabeth Smart will speak directly to Brian David Mitchell today at his sentencing, almost nine years after she was kidnapped, raped and held captive.

On
Dec. 10, a federal jury convicted Mitchell, 57, a former street
preacher, of kidnapping and transporting a minor across state lines for
the purpose of illegal sex. He faces a possible life sentence in prison
today at the hearing scheduled for 2:30 p.m.It is not clear what exactly Smart will say to Mitchell. Last week
she spoke to FOX 13 one day after defense attorneys proposed a lighter
sentence.Smart says it is not up to her to decide whether a life sentence for Mitchell will be just.“When
it comes down to it, it doesn’t matter what I think, it matters what
the judge thinks. And so I can only hope and pray that the right thing
will happen," Smart said. “Whether he gets his just punishment here, it
will come one day."Defense attorneys claim Smart is a "survivor"
who was not significantly damaged psychologically by her abduction.
They are seeking to have Mitchell detained in a federal mental facility
rather than prison."There was psychological impact on Ms. Smart,"
Steele told Fox 13. "There is no doubt about that. In a legal sense,
the story is not the extreme psychological injury. The story is her
overcoming the extreme conduct of my client."The prosecution has asked for the maximum sentence of life in prison.U.S. District Court Judge Dale Kimball will decide Mitchell's fate this afternoon at the sentencing.At
age 14, Elizabeth Smart was snatched from her bedroom at knifepoint in
2002. She was held captive by Mitchell, a homeless street preacher,
and his wife, Wanda Barzee, for nine months. Mitchell forced her to "marry" him in a polygamous union.Ed
Smart said his daughter is indeed a "survivor." She has returned from
an LDS mission to France, is completing her college degree and is
planning to testify at Mitchell's sentencing. She has also launched "The
Elizabeth Smart Foundation," a non-profit that will help victims of
child abuse and crime."I thank the Lord that Elizabeth is doing
so well and that she's able to move beyond this," Smart said. "But the
bottom line comes down to, Mitchell has a significant problem. I truly
believe that if he got out again, that he would do the same thing."
http://www.chicagotribune.com/news/nationworld/kstu-elizabeth-smart-elizabeth-smart-to-speak-today-at-mitchells-sentencing-20110525,0,58591.story

Nearly nine years after being kidnapped and held in a state of sexual
slavery she describes as "my nine months of hell", Elizabeth Smart
addressed her former captor face-to-face in a packed Salt Lake City
courtroom, just moments before he was sentenced to life in prison.
Brian David Mitchell, the homeless street preacher convicted of
kidnapping Smart, sang a hymn and gently rocked in his chair as
Elizabeth's father Ed and then Elizabeth herself took turns addressing
him.
"I hope at some time in your life you find what you have done is wrong,"
said Ed Smart. "Whether during your time on earth or in eternity,
you're going to have to face the guilt."
Next, Elizabeth slowly walked to a podium to pick up a microphone before
calmly turning to face Mitchell, who continued singing. It was the
first time the 23-year-old has directly addressed Mitchell, who did not
appear to look at her as she spoke.
"I don't have very much to say to you," Elizabeth Smart began. "I know
exactly what you did. I know that you know what you did was wrong. You
did it with a full knowledge. I also want you to know that I have a
wonderful life now."
"You took away nine months of my life that can never be returned," she
continued. "But in this life or next, you will have to be held
responsible for those actions, and I hope you are ready for when that
time comes."
Addressing reporters outside the courthouse after the hearing, Elizabeth appeared relieved.
"Today is the ending of a long chapter and the very beginning of a new chapter," she said, her father standing by her sid.
Smart said she recently completed a mission for the Mormon church and
plans to continue working as a child advocate to help stop and prevent
kidnapping and sexual abuse.
Before Wednesday's sentencing hearing got underway, Elizabeth sat with
her parents, brothers and sisters in the front row of the packed
courtroom. She smiled and seemed in good spirits.
When Mitchell was brought into the courtroom wearing a tan prison
jumpsuit, handcuffs and shackles, Smart sat stone-faced, staring
straight ahead.
Mitchell began singing as soon as he walked in, providing a bizarre
background soundtrack for the remainder of the proceedings until he was
led out.
The sentence of life in prison was handed down by U.S. District Court
Judge Dale Kimball. Before sentencing, Kimball asked Mitchell if he had
anything to say. Mitchell continued singing and did not answer.
Today's proceedings are part of a final chapter in a story that began in
the early morning hours of June 5, 2002, when a 14-year old Smart was
kidnapped at knifepoint from her family's Salt Lake City home.
During the four-week federal trial last fall, Smart testified that she
endured "nine months of hell" that started when Mitchell forced her to
become one of his wives. She said she was raped and sexually assaulted
almost daily and made to smoke marijuana, drink alcohol and watch
pornography.
Smart said she was also tethered to a tree and told she'd be killed if she tried to escape.
Smart testified that she once came agonizingly close to being rescued
when a Salt Lake City police detective saw her at a library with
Mitchell and his now-estranged wife Wanda Barzee.
Smart was wearing a veil hiding her face. When the detective asked her
to raise the veil, Mitchell objected on religious grounds. The
detective eventually gave up and left.
"I felt like hope was walking out the door," Smart testified. "I was
mad at myself that I didn't say anything. I was mad at myself for just
not taking the chance, that I just felt like I was so close, and I felt
terrible. I felt terrible that the detective hadn't pushed harder, that
he had just walked away."
Smart's physical ordeal ended on March 12, 2003, when she was spotted
walking down a Salt Lake City street with Mitchell and Barzee.
Barzee eventually pleaded guilty to her role in the kidnapping and in May 2010 was sentenced to 15 years in prison.
The case dragged on in state courts for years amid legal fights over Mitchell's mental competency.
He was often removed from courtroom proceedings for singing hymns or screaming at judges.

During his federal trial last fall, his attorneys argued Mitchell was
not guilty by reason of insanity. A jury rejected that argument and in
December found him guilty.
http://abcnews.go.com/US/elizabeth-smart-confronts-abductor-packed-courtroom/story?id=13689084&page=2

Kidnapping victim Elizabeth Smart is heading in front of the news cameras again .
Smart, who was abducted in 2002 when she was 14 years old from her
Utah home before being found nine months later, is signing on with ABC
News as an expert in missing persons and child abduction cases.
The deal, first reported Wednesday night, may have been in the works for a long time.
"This is definitely not about looking backward and telling her story,
which has been well told and retold," ABC spokeswoman Julie Townsend
told the Daily Beast, which broke the story.
Smart, 23, is expected to appear on camera within the next few weeks,
Townsend said. She will appear when there are missing children cases in
the news.
A family spokesman said that Smart wants to use her new on-air position to create awareness about missing kids.
The new role comes months after Smart's terrifying kidnapping case was closed.
In December, Brian David Mitchell was convicted of kidnapping and
taking Smart across state lines for the purpose of illegal sexual
activity.
He was sentenced to life without parole.
Read more: http://www.nydailynews.com/news/national/2011/07/07/2011-07-07_kidnapping_victim_elizabeth_smart_to_be_special_correspondent_for_abc_news.html#ixzz1RRt4ag2D

ABC News contributor Elizabeth Smart says part of the reason she took
a job with the network is because she credits media outlets with helping to save her life.
In an interview after meeting with
lawmakers to push for reinstated funding for the Internet Crimes Against
Children Task Force, Smart said when it comes to missing-persons cases,
“I think media plays such a key role. I know in my case I might not be
here today if the media hadn’t kept my story alive.”
In 2002, when she was 14 years old, Smart was abducted from her Utah
home and held for nine months by her kidnapper. Smart calls those months
“the worst of my life.”ABC confirmed in early July that it
was hiring Smart, now 23 and a student at Brigham Young University, to
work as a contributor to its various news programs. She made her on-air
debut on “Good Morning America” two weeks ago. Smart told ITK “there
were a number of many different options” — not just from ABC, but from several outlets.
Some critics blasted ABC News. A Salon.com
headline stated, “Elizabeth Smart: ABC’s new victim correspondent,”
while a writer for The Boston Globe declared, “Her name may be smart, but she is hardly an expert.”
Smart, who says she doesn’t consider herself a journalist, reveals that she “feels bad” for critics who feel
she’s cashing in on her story.
“I’m sorry for them that they think that,” she said. “This is something I feel very passionate about. I
know what I went through and there are stories just like mine that are
happening all the time.” She indicates that she almost feels indebted to
the media, saying, “I know so much was done for me, really so much that
I could never repay back.”
Smart is unsure how long her TV career will last, saying, “I’m not sure where the path will take me, but I
just know that I want to make a difference. So it could be TV, or it could be somewhere else.”

http://thehill.com/capital-living/in-the-know/173991-elizabeth-smart-defends-role-as-abc-news-contributor-

SALT LAKE CITY – Elizabeth Smart, who was kidnapped at age 14 from her Salt Lake City home and held for what she described as “nine months of hell,” is engaged to be married and anticipates a wedding in early summer, a family spokesman said on Friday.



Smart, now a 24-year-old advocate for missing children and occasional TV news commentator, has not publicly identified her fiance, spokesman Chris Thomas said.

“Elizabeth got engaged this past weekend,” Thomas said in a written statement. “A date for the wedding has not been set but the couple anticipates early summer.”

“While she plans to be very publicly involved with her child advocacy work, she has decided she wants to keep the details of her personal life private,” Thomas added.

Smart was abducted at knifepoint from her bedroom in June 2002 by a homeless street preacher, Brian David Mitchell, and was repeatedly raped and forced to wander with her captor from town to town for nine months.

She was freed after being spotted by passers-by in a Salt Lake City suburb in 2003.

Mitchell was convicted in 2010 of kidnapping and unlawful transportation of a minor across state lines to engage in sexual activity. He was sentenced in May to life in prison.

Smart testified during Mitchell’s trial, describing her time as his captive as “nine months of hell.”

Mitchell’s wife, Wanda Barzee, was sentenced to a 15-year prison term in 2010 after pleading guilty to conspiracy and cooperating with prosecutors in the case against Mitchell.

ABC News announced in July it had hired Smart as a contributor on stories about missing persons.

http://www.lfpress.com/news/world/2012/01/20/19274841.html

Smart, 24, and Matthew Gilmour became engaged in January, initially announcing a summer wedding. According to the Smart family spokesperson, NBC station KSL of Salt Lake City reported, those plans changed a week ago in order to avoid attention to the unscheduled ceremony in the Laie Hawaii Temple of The Church of Jesus Christ of Latter-day Saints, Oahu.

The couple and family were celebrating with a private reception and luau, after which Smart and Gilmour were leaving for an extended honeymoon, KSL said.

"Elizabeth is grateful to be celebrating her special day with those closest to her without distraction," family spokesman Chris Thomas said. "Her wedding further demonstrates it is possible to rise above challenging circumstance to lead a happy and productive life."

At age 14, Smart was kidnapped at knifepoint in June 2002 from her parents' home by Brian David Mitchell.

Smart was held captive and sexually abused for nine months and forced to wander with her captor from town to town for nine months. In March 2003, Smart was rescued when passersby spotted her with Mitchell and his wife, Wanda Barzee, in a Salt Lake suburb.


Smart testified against Mitchell, who was convicted of kidnapping and rape in 2010 by the U.S. District Court. He is serving a life sentence and Barzee is serving 15 years in federal prison.

Smart is an activist for children who suffer abuse and has formed a foundation on their behalf. She has worked as a commentator for ABC News.

Gilmour is from Scotland. The two apparently met while Smart was serving an LDS mission in France last year. People Magazine reported the couple will return to Salt Lake City to live.

http://usnews.msnbc.msn.com/_news/2012/02/18/10445305-kidnapping-survivor-elizabeth-smart-gets-married-in-hawaii