[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?

[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.

[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.

[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.

[Mercury OKC]

It would be interesting to know how Elizabeth's cousin was selected to be another wife; who actually chose her?

[BunnySlippers]

Elizabeth may well have been abducted. but I wouldn't believe one word coming from her parents. I think they created undue problems in the initial investigation of this case.

[Old Professer]

First of all, Mitchell is a demonstrated nut-case; second, there is no allegation against him by the purported victim; third, there is much we don't know.

Give the guy a lean-to, a bar of soap and a long stick to beat himself with and be done with it.

[rmvh]

I find it trulystrange that there has never been a comment or statement from this girl that she might have hated her situation, or was completely relieved now that she was rescued,... or didn't otherwise like what had happened to her for the past nine months....

Strange, even with all the social science wierdo so called "expert" explanations and "do-gooder" explanations.

[marajade]

This was the report...

[Utah Girl]

Possibility of More Charges May Be Delaying Smart Case
Mar. 17, 2003 John Hollenhorst reporting

Authorities had planned to file criminal charges Monday in the Elizabeth Smart case. But that has now been postponed.

The delay doesn't seem to be caused by any particular problems in the case. But it may be due to the possibility of additional charges being filed.

Kidnapping charges are considered virtually certain against Brian Mitchell AND Wanda Barzee. Mitchell is suspected of abducting Elizabeth Smart from her bedroom. Barzee reportedly told friends the kidnapping was divinely inspired, and that Elizabeth was meant to become the second of seven wives for Mitchell.

The couple allegedly held Elizabeth in a mountain campsite and performed some sort of marriage ritual shortly after the kidnapping. Other charges against the couple are expected... but authorities haven't said yet what they will be.

One key decision has been made. The prosecution will be done in a state court, initially, not federal court. A legal expert told us the state-first strategy means federal charges CAN be filed later without running into a double-jeopardy issue.

One question that's really up in the air today is whether Brian Mitchell has a defense lawyer.

Salt Lake attorney Larry Long told KUTV yesterday HE is Mitchell's lawyer. Oddly, he seemed to be admitting Mitchell's guilt in that interview, arguing for a light sentence.

Other attorneys today questioned whether Long really has the right to speak for Mitchell. One government lawyer says Long routinely contacts all jail inmates, seeking new clients.

Long would not return phone calls today and his office would not confirm his relationship with Mitchell.
~~KSL-TV

[Utah Girl]

Charges were filed today. You can find the details on this thread. Mitchell and Barzee Charged

[Devil_Anse]

Oh, right. In an uncertain situation like this--where there is a possibility that she may have WANTED to be raped by the man, and to be chained to a tree, and to be kept in a hole in the ground, you know, the prosecution might just be afraid to bring such a shaky case.