PROSECUTORS WEIGH CHANCES IN SMART CASE

Drudge Report ^ | March 17, 2003 | The Guardian newspaper

[varina davis]

Prosecutors Weigh Chances in Smart Case

Monday March 17, 2003 7:20 PM

SALT LAKE CITY (AP) - Prosecutors on Monday weighed their case against Brian David Mitchell, the self-proclaimed prophet accused of abducting Elizabeth Smart. Mitchell remained in jail with his wife, Wanda Barzee, another suspect in the case.

The pair had been expected to face charges of aggravated kidnapping on Monday, but District Attorney David Yocom said no state charges would be filed yet. Conviction on that charge in Utah is punishable by a prison term of six years to life.

There was no indication that any federal charges were imminent.

Also on Monday, The Salt Lake Tribune reported that Smart boarded a police helicopter during the weekend to lead investigators to the camp where she, Mitchell and Barzee lived for two months in the foothills near her family's home.

Salt Lake City detective Dwayne Baird said police interviewers were taking care not to traumatize her with questions.

On Sunday, Mitchell's lawyer said his client considers the 15-year-old Smart his wife and wants her to be renamed ``Remnant Who Will Return.''

``He wanted me to tell the world that she is his wife, and he still loves her and knows that she still loves him, that no harm came to her during their relationship and the adventure that went on,'' attorney Larry Long said in an interview aired late Sunday on KUTV.

Long, who said he had agreed earlier Sunday to become Mitchell's attorney, was speaking for his client for the first time.

Long said Mitchell - whom he referred to as ``the perpetrator'' - would consider the girl's nine-month disappearance a ``call from God,'' not a kidnapping.

Smart, who was snatched from her bedroom June 5, was found last Wednesday with Mitchell and Barzee, in Sandy, Utah, when they were stopped by police.

Long suggested that giving his client a light sentence could encourage other kidnappers to keep their captives alive.

``If we can somehow set up some structure where the message gets out that if you bring the girl back alive, that there's some kind of commutation of the sentence, we may be much better off as a society,'' Long said.

[varina davis]

Looks like specific charges are not all that certain at this point.

[ConservativeDude]

what about statutory rape?

[MEG33]

Another Johnnie Cochran in the works!

[ambrose]

Perhaps they should charge her with juvenile delinquency for running away from home?

[moyden]

He should be renamed, "Pedophile Who Is In Prison".

[Grig]

From the article:

" He did deny speculation the girl could be pregnant: 'Unequivocally, she is not pregnant and was never pregnant.' "

Let us all thank God for that at least.

[anniegetyourgun]

If this freak is ever released into the public again, he will haunt Elizabeth and probably even her children. This case makes me quake with anger. I want this deranged scum dead.

[skr]

I wonder what the problem is--the charges are obvious enough.

[dwilli]

Would not be suprised if the DA stays away from rape charges and goes for the kidnapping conviction. A rape trial could get really nasty and I got my doubts any DA would want to put this teenager thru that.

[wadecollins]

I'm pretty sure they don't have a willing witness necessary to prosecute anything. That is the reason for the delay here.

[Pan_Yans Wife]

Did the lawyer perform a pregnancy test on her? Or, does he believe his client when Mitchell says she was never violated? I am confused.

[Grig]

I think this will go one of two ways:

1 - Mitchell's lawyer works out some plea bargin that puts him away for a long time. (possibly leaving the question of sexual abuse unanswered)

2 - Mitchell's lawyer refuses to make a deal and instead force it to go to a media circus trial to try and drag the Smart family and the LDS Church through to mud in an attempt to further his own career at the expense of the Smart family.

[Alberta's Child]

. . . the charges are obvious enough.

Maybe not.

All those Freepers who have been pointing out that something about this case doesn't sound right may be on to something.

For one thing, that younger sister's story is going to have a hard time standing up under scrutiny on the witness stand.

[anniegetyourgun]

It only requires Wanda Barzee to go state's witness against this freak. Putting Smart on the witness stand is probably not necessary, nor wise if this freak gets his way on questioning the witnesses himself.

[Grig]

The article says she was tested at a hospital. They are not releasing details or answering questions about abuse, but they confirm she is not, and was never pregnant. The 'she ran away to pop one out secretly' crowd should eat crow now.

[Pan_Yans Wife]

Good point. How much cooperating has there been, so far? I wouldn't want to pressure the poor little girl into too much, but the state will want a thorough investigation, before trial.

[Ann Archy]

If this EVER goes to trial, I will be shocked. Plea to a lesser degree, NO TRIAL! We wouldn't want unnecessay info coming out, would we?

[sharkhawk]

What if the prosecutor is worried about what the girl will testify to. Hard to get a kidnapping conviction without a good witness.

[Pan_Yans Wife]

But in many cases of rape or sexual abuse, it is difficult to get the victim to testify. The emotional ordeal must be hell on the women who do stand up in court and tell the world the details of what happened to them.

[DonQ]

I'm not quite sure what the problem is here.

Mitchell is nuts - but he's not insane within the legal criteria for evading responsibility. He certainly knew what he was doing was wrong because he had Elizabeth masked, coached her to use a fake name, etc.

Barzee's in an even tougher position because it's just tougher to argue that she's as crazy as Mitchell.

Considering these two transported Elizabeth across state lines, there are a multitude of federal laws violated, including the Mann Act.

The so-called marriage between Mitchell and Elizabeth was void ab initio, not only because of her age but because Mitchell was already married (even Utah law does not recognize plural marriage), so he cannot claim husband-wife confidentiality. Considering that he took Elizabeth out of her home by force and threats, I don't see a case of statutory rape but plain old forcible rape.

It will be tough finding a jury that doesn't want to hang Mitchell before the trial starts. I am not sure a life sentence in the prison general population will be more congenial for him than a single cell on death row.