Crime

Elizabeth Smart Kidnapper Kicked Out of Court for Singing Hymns

SALT LAKE CITY (AP) — The man standing trial in the abduction of Elizabeth Smart has been kicked out of the courtroom for singing hymns as jury selection got under way.

Brian David Mitchell was moved to another room at federal court in Salt Lake City to watch Monday’s proceedings by remote video.

U.S. District Judge Dale Kimball tolerated about a half-hour of Mitchell’s soft hymns before ordering him out of the courtroom.

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

Mitchell is charged with kidnapping and unlawful transportation of a minor across state lines. If convicted, he could spend the rest of his life in prison.

THIS IS A BREAKING NEWS UPDATE. Check back soon for further information. AP’s earlier story is below.

SALT LAKE CITY (AP) — The man accused of taking Elizabeth Smart from her home in the middle of the night is finally facing trial, after years of delays caused by questions about his mental health and a jump from state to federal court.

Jury selection began Monday in U.S. District Court for the former street preacher charged in the 2002 kidnapping. Brian David Mitchell was indicted in March 2008 on federal charges of kidnapping and unlawful transportation of a minor across state lines. If convicted, he could spend the rest of his life in prison.

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

U.S. District Judge Dale Kimball decided earlier this year that the 57-year-old is competent to face trial.

Some 600 potential jurors were called. After exclusions based on hardships or responses to a 42-page juror questionnaire, about 220 remain and will be questioned in person by attorneys for both sides.

Jury selection could take several weeks, and the trial is expected to last into December.

Defense attorneys had sought to move the trial out of Utah, claiming that publicity of the case since Smart’s abduction in 2002 had tainted the jury pool and make it difficult for Mitchell to get a fair trial. Both Kimball and the 10th U.S. Circuit Court of Appeals in Denver rejected that request.

Smart was 14 when she was kidnapped at knifepoint from her home on June 5, 2002. She was recovered nine months later — in March 2003 — after a motorist spotted her walking the streets of a Salt Lake City suburb with Mitchell and his now-estranged wife, Wanda Eileen Barzee.

Now 22, Smart is expected to return to Utah from serving a mission for The Church of Jesus Christ of Latter-day Saints in France to testify against Mitchell. Smart testified for the first time last year as part of a competency hearing for Mitchell, saying that within hours of her kidnapping she was forced to become Mitchell’s polygamous wife and endured repeated rapes and other abuses throughout her captivity.

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.

Mitchell was diagnosed with a delusional disorder and was twice deemed incompetent for trial in state court.

Defense attorneys maintain Mitchell is unable to participate in his own defense. In court papers, attorneys have said they’ll mount an insanity defense, claiming Mitchell was so impaired in 2002 that he can’t be held legally responsible.

Comments (39)

  • Rowgue
    Posted on November 2, 2010 at 1:02pm

    This is another example of our broken judicial system. Don‘t misread what I’m about to say. I know this guy is guilty as sin, and deserves to be behind bars. But this trial is a joke. In this country under current law, your first and most important right is the right to a speedy trial. They don’t get to arrest you and then spend several years building their case.

    People don‘t care in this case because he’s obviously guilty and a sick pervert. But what if this was an innocent man that had been railroaded for a crime he had nothing to do with. That man wouldn’t deserve to sit in jail for years, while the prosecution tries to fabricate a case against him.

    Report Post »  
  • philby
    Posted on November 1, 2010 at 6:54pm

    Can someone tell me why this guy is just NOW going to trial?
    Seven years AFTER the fact?
    What the hell is going on with that?

    Report Post »  
    • 7munchkins
      Posted on November 2, 2010 at 12:06pm

      Slimy lawyers trying to say he was too crazy to be liable for his actions. To crazy to go to jail, but not crazy enough to know he had to threaten to kill her sister to get her to comply. Lawyers will be the death of us all.

      Report Post » 7munchkins  
  • inthebegining111
    Posted on November 1, 2010 at 6:51pm

    whoops wrong post site

    Report Post »  
  • inthebegining111
    Posted on November 1, 2010 at 6:48pm

    My question to date would be. Why on earth are you taking 40 planes with helicopters on your vacation trip to visit the biggest Mosque ever built for three days? Are you bringing us a present back? Mr President

    Report Post »  
  • tmplarnite
    Posted on November 1, 2010 at 5:09pm

    Our system has too many bleeding heart idiots….a high powered bunch of silly lawyers that I see in the pictures tells the tale…let them have their sick show and collect theri pieces of sikver…but in the end this POS needs a bullet!

    Report Post »  
  • tmplarnite
    Posted on November 1, 2010 at 5:03pm

    This POS needs to be convicted and then shot!

    Report Post »  
    • WISEPENNY
      Posted on November 1, 2010 at 10:34pm

      No, no, no! Put him in prison for life, right in the general population of the Sodomite wing. Give him a sample of what it is like to be raped over and over without being able to protect himself. Let him hum a few bars for Big Bubba. LOL

      Report Post »  
  • tracielizabeth
    Posted on November 1, 2010 at 4:57pm

    They should have tazzed him for misbehavior

    Report Post » tracielizabeth  
    • WISEPENNY
      Posted on November 1, 2010 at 10:25pm

      One of those zapper belts that they use in prison’s to get their attention. When he started humming his tunes after a warning, ZAP! It’s known as classic conditioning and it works. A two to five second jolt is not anywhere as near inhumane as repeated rape of a 14 year old child, and would be quite effective. I, however, would not be the the correct choice to be in charge of the “zapper” button. No, sir-ee-doggy!

      Report Post »  
  • LadyIzShy
    Posted on November 1, 2010 at 4:37pm

    he is grandstanding for the jury..

    Report Post » LadyIzShy  
  • Soros-Plant
    Posted on November 1, 2010 at 4:32pm

    This guy is smarter then he seems. He has done this numerous times. It keeps him out of prison and he knows it. Something legally must be done to allow him to attend his trial, yet be unable to preform these outbursts. Until that is done. This WILL continue.

    Report Post » Soros-Plant  
  • patriot4evah
    Posted on November 1, 2010 at 4:26pm

    Why the hell has this been going on for eight years? shoot the guy in the head already.

    Report Post »  
  • Zcat
    Posted on November 1, 2010 at 3:57pm

    ROTFLAMO…..

    Obama to Give Election Day Interview to – Wait For it – Ryan Seacrest of American Idol

    You know things are grim if they’re going after the American Idol crowd…

    (HuffPo) — The administration’s last-minute desperation is spurring some unconventional media outreach efforts. But none of them have been quite as unlikely as that announced on Monday — President Obama will be doing an interview with Ryan Seacrest.

    The “American Idol” co-host will be talking to Obama on Election Day for a segment on his radio show, ‘On Air with Ryan Seacrest.’ And in a Facebook post, he put out a solicitation for questions:

    Do YOU have a question for President Obama? What issues concern you most? Let us know in the comments below and Ryan might ask it in the interview!

    Ryan’s interview with the President airs tomorrow at 7:15am PST in Los Angeles, and will be immediately available afterwards at RyanSeacrest.com.

    What, exactly, the point is of doing an interview that will air predominantly in a state that seems to be the one Democratic holdout — and that caters to an audience of not particularly politically-active listeners — is unclear. But the gist seems to be that, in the 11th hour, no stone should be left unturned.

    In addition to the Seacrest sit-down there is this from Monday’s pool report:

    Press Secretary Robert Gibbs says POTUS’s schedule of closed meetings throughout the day will include some time to tape radio interviews set to air on election day throughout the country (Your pooler is waiting for the list of specific radio stations/programs, which will be relayed shortly).

    Tonight, the president plans to make phone calls to boost the morale of activists and other party organizers in key battleground states, including Florida, New Hampshire, New Mexico, and his native Hawaii. Weasel Zippers

    Report Post »  
  • Impeach-BO
    Posted on November 1, 2010 at 3:46pm

    moriarty70 = MATTY1631 = Tea Bagging Patriot. (keep a lookout for more false names)

    Hi matty, you aren’t fooling anyone. Tell Soros hi for me. lol

    Report Post »  
    • moriarty70
      Posted on November 1, 2010 at 3:57pm

      I can attest that I’m not Matty, I’m not you either, I’m me. It’s not a “false name” it’s a name I use happily all around the internet. And just because I don‘t agree with you doesn’t mean I sit on the far, far side of the bell curve that is the political spectrum.

      Sorry if what I said gave you that idea, I just figured it was a much nicer way to call you out on that comment of yours instead of some of the vile words that came with the knee-jerk feeling they inspired. It just really annoyed me that you took a story that seemingly everyone could agree with (i.e. Isn’t this a sick twisted bastard) and decided to imply that Obama wants to flood the streets with criminals.

      Report Post » moriarty70  
    • Impeach-BO
      Posted on November 1, 2010 at 4:04pm

      Ok, then sorry for thinking you were matty. But you did kind of sound like him and he has been changing his nickname to disguise himself.

      As for Obama, I disagree with you. How about you wait and see when he leaves office. You can come back here and tell me I’m wrong if I am, but I don’t think I will be.

      I agree what I said was a little pessisitic and maybe not meant for this story but it was my feeling at the time and I sticking by my predictions.

      Have a nice day. :)

      Report Post »  
  • davidwestafa
    Posted on November 1, 2010 at 3:45pm

    I move we give him the Gary Gilmore treatment. Do I have a second?

    Report Post » davidwestafa  
  • REBELWITHACAUSE
    Posted on November 1, 2010 at 3:20pm

    As much as I’d like to see this man hang (forget that… that’d be too easy)… I‘d like to see him suffer to the point that he’s in so much agony he would be praying for death. That’s the human in me. Now… I have to remind myself of the sick and twisted world in which we all must live for now, and remind myself that we ALL deserve death, for we’ve ALL sinned, and the penalty for sin is death. God shows each of us unbelievable mercy… so, we must each try as hard as it may be, to show him mercy and just hope the system works the way it should… the man deserves death, in my eyes, but… at the very least, put him in solitary confinement for the rest of his life… he’s demon-possessed as far as I’m concerned.

    Report Post » REBELWITHACAUSE  
  • Rita
    Posted on November 1, 2010 at 3:12pm

    Why don’t we just put him out of his misery once and for all. Eight months of being raped by this nut is not worthy of the death penalty? God only knows how many other young girls this creep and his psycho girlfriend molested.

    Report Post » Rita  
  • benditlikebeck
    Posted on November 1, 2010 at 3:01pm

    The 2nd craziest Mormon I know of.

    Report Post » benditlikebeck  
    • clhathaway
      Posted on November 1, 2010 at 3:09pm

      Yeah, Harry Reid is so whacked!

      Report Post »  
    • jgrant
      Posted on November 1, 2010 at 3:13pm

      This guy isn’t a mormon, his name is not on the records of the LDS church.

      Report Post »  
    • Impeach-BO
      Posted on November 1, 2010 at 3:16pm

      You know what scares me… how many prisoners will be pardoned at the end of Obama’s term in 2 years? What an absolutely frightening thought.

      He’ll probably do some sort of prison poll asking who agrees with him and when they(95% of them) check the YES box, he’ll pardon them all.

      Report Post »  
    • Caitlinmd
      Posted on November 1, 2010 at 3:21pm

      Thank you, JGrant. This guy isn’t mormon. And CLHathaway is right too, lol!

      Report Post »  
    • moriarty70
      Posted on November 1, 2010 at 3:35pm

      And the award for the most tenious link to “See how evil Obama is” argument goes to…
      *opens award*
      Impeach-BO

      Congratulations, would you like to share a few words?

      Report Post » moriarty70  
  • dontbotherme
    Posted on November 1, 2010 at 2:58pm

    Getting real tired of people not being held accountable for their own actions. Poor Poor criminal. Remember the crime & the innocent child he hurt!!

    Report Post »  
  • dkhartman
    Posted on November 1, 2010 at 2:54pm

    Not impaired enough that he could rape her. BUT juuust enough to get away with it. What a sick system. I really can’t stand how the law these days is protecting criminals more so than the victims. Makes me sick. God Bless Elizabeth Smart

    Report Post »  
  • rash1028
    Posted on November 1, 2010 at 2:54pm

    Hey don’t worry!……the ACLU, Eric Holder and Obama will protect you. If not I’m sure MSNBC will find a spot for you.

    Report Post » rash1028  
  • Ronko
    Posted on November 1, 2010 at 2:52pm

    I hope this guy goes away for a long time. The prosecution better not drop the ball.

    Report Post »  
    • HKS
      Posted on November 1, 2010 at 2:58pm

      He’s just supporting his insanity defense. The judge will take the bait.

      Report Post » HKS  
  • DimmuBorgir
    Posted on November 1, 2010 at 2:51pm

    and…?

    Report Post » DimmuBorgir  
    • snowleopard3200 {mix art}
      Posted on November 1, 2010 at 2:57pm

      Let the jury decide his fate in accordance to the law, even if he is insane, spending the rest of his natural life in a prison sanatarium will still be able to keep him away from other people he may harm. Let justice be done, and may Ms Smart finally find peace of mind from this long ordeal she had to endure even after being found.

      Report Post » Snowleopard {gallery of cat folks}  
    • Huckabee Gingrich 12
      Posted on November 1, 2010 at 4:05pm

      Mr. and Mrs. Ed Smart should be on trial for criminal child endangerment after bringing this piece of human waste into their home. Seriously, what responsible parent is going to bring some yayhoo off the street into their home for ANY reason? Especially if they have a teenage daughter! Ed Smart ain’t too smart. You copying this Smart? You’re a DOLT, and you’re damned lucky to have gotten your daughter back alive! You should have been brought up on felony charges. Idiot.

      Huckabee Gingrich 12  
    • Handsome Pete
      Posted on November 1, 2010 at 4:33pm

      He’s been doing that singing thing in the court room for years… ever since his first competency hearing. They bring him in, he sings, he is ordered to stop, he continues, he is removed from the room. All a ploy to help his insanity plea. But I don’t think anyone is buying it.

      Report Post » Handsome Pete  
    • TxGold
      Posted on November 1, 2010 at 5:13pm

      @Huckabee Gingrich 12: You need to get a grip!

      Report Post » TxGold  
    • Huckabee Gingrich 12
      Posted on November 1, 2010 at 5:26pm

      @TX
      You need to brush up on the facts of what the Smarts did, then get back to me.

      Report Post » Huckabee Gingrich 12  

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