Crime

Guilty: Jury Convicts Smart’s Kidnapper

SALT LAKE CITY (AP) — A federal jury found a rambling street preacher guilty Friday of the 2002 kidnapping of Elizabeth Smart in a case that has tugged at hearts around the nation ever since the Utah teenager was snatched from her bedroom and resurfaced nine months later.

Brian David Mitchell could face up to life in prison when he is sentenced on May 25.

Elizabeth Smart gave a slight smile as she heard the guilty verdicts on charges of kidnapping and unlawful transportation of a minor across state lines for the purposes of illegal sex.

Smart then turned to her mother and both smiled. Elizabeth Smart later hugged prosecutors in the Salt Lake City courtroom.

“It’s real!” father Ed Smart said on his way out of the courtroom, giving a thumbs up and echoing the words he told a crowd gathered around a church on March 13, 2003, confirming his daughter had been found.

The shackled Mitchell sat singing about Jesus Christ on the cross throughout the reading of the verdicts. He held his hands in front of his chest as though he was praying.

Mitchell‘s former stepdaughter Rebecca Woodridge told reporters outside the courthouse that she was shocked that jurors didn’t see that Mitchell was mentally ill.

“He honestly believes God tells him to do these things,” Woodridge said. “He’s upset and frustrated that the Lord is making him go through this.”

Smart and her family had hoped for the guilty verdict and a long sentence to end the ordeal that began when she was taken from her Salt Lake City home at knifepoint and held captive for nine months when she was 14.

Smart, now 23, attended the entire trial and provided gripping testimony, describing how she woke up one night to the feel of a cold, jagged knife and being thrust into “nine months of hell” in a mountainside camp.

She said she was forced into a polygamous marriage and endured nearly daily rapes before she was found.

To the chagrin of the family, the case was delayed for years after Mitchell was declared mentally incompetent to stand trial in state court and a judge refused to order involuntary medications. Federal prosecutors later stepped in and took the case to trial.

Carlie Christensen, the U.S. attorney for Utah, praised Elizabeth Smart for her extraordinary courage and determination in seeing justice was done.

“She told it with candor, with clarity and with truthfulness that I think moved all of us,” Christensen said.

The prosecutor said one of the biggest challenges of the case was the six years between the time of the kidnapping and the time the case came into the federal justice system. Another hurdle was the state court decision that Mitchell was mentally incompetent to stand trial and its possible influence on the federal case.

The trial turned on the question of Mitchell’s mental health – something experts have debated since his arrest 2003, when state court evaluators began to study his religious writings and behavior, including courtroom antics such as singing hymns and shouting at judges to repent.

His lawyers did not dispute that he kidnapped Smart but wanted him to be found not guilty by reason of insanity. Such a verdict would have sent him to a prison mental hospital.

A parade of experts took the witness stand to say Mitchell had an array of diagnoses, from a rare delusional disorder and schizophrenia to pedophilia, anti-social personality disorder and narcissism.

Prosecutors countered that Mitchell was faking mental illness to avoid a conviction, labeling him a “predatory chameleon.”

The thinly built Mitchell appeared in court everyday with long gray hair and an unruly beard down to the middle of his chest.

He was routinely removed from the courtroom after loudly singing hymns and Christmas carols and taken to another room to watch the proceedings on closed circuit TV. He kept his eyes closed in court and never spoke to anyone, including his lawyers.

The wrenching saga began when the Smart family awoke to the frightening realization that someone had slipped through the cut screen of a kitchen window on June 5, 2002, and whisked Elizabeth away in the night.

Within hours of the kidnapping, Smart testified, she was forced into a polygamous marriage with Mitchell, tethered to a metal cable and subjected to near-daily rapes while being forced to use alcohol and drugs.

Smart testified that she believed Mitchell was driven by his desire for sex, drugs and alcohol, not by any sincere religious beliefs.

Her abduction and improbable discovery while walking along a Salt Lake City street with Mitchell and his wife on March 12, 2003, riveted the nation and helped focus public attention on child abductions.

The trial’s most gripping testimony came from Smart and Wanda Eileen Barzee, Mitchell’s estranged wife who pleaded guilty last year to federal and state charges in the kidnapping.

Barzee, 65, testified that she had believed Mitchell’s religious revelations that led the couple to live homeless for nearly a decade, traveling the country on foot. She said she had obediently complied when he said God wanted him to “take a young girl by force” so they could practice polygamy.

“I told him that if the Lord didn’t open the way, he didn’t have to do it,” a sobbing and penitent Barzee said during her nearly five hours on the witness stand.

Also troubled by mental illness, Barzee’s competency issues were resolved after 15 months of involuntary treatment ordered by a state judge.

Barzee said she also told Mitchell they needed to obey the Lord‘s commandments then greeted Smart with open arms when Mitchell brought the young girl to the couple’s mountainside camp near Salt Lake City.

It was Barzee who prepared Smart for the marriage ceremony, washing her feet and dressing her in handmade robes.

Subpoenaed by the defense, Barzee appeared devastated by her role in the kidnapping and the realization that she had been duped by her husband of 25 years.

“He was a great deceiver,” she said.

—

Associated Press reporter Josh Loftin contributed to this report.

Comments (43)

  • RugDog
    Posted on December 11, 2010 at 1:06am

    Give him a rope and make him listen to obama speeches 24/7. It wont take long before he finds a sturdy rafter.

    Report Post » RugDog  
  • PROUDTEXAN
    Posted on December 11, 2010 at 12:15am

    In TX he’d have earned the death penalty. Too many tax dollars going to waste feeding, sheltering, and sustaining this dirtbag. Wise up, UT.

    Report Post » PROUDTEXAN  
  • leahasevedo
    Posted on December 10, 2010 at 10:56pm

    he should get death like that waste of space steven hayes. our children deserve to be protected with our lives and the lives of the ones who want to harm them. crazy or not people like that don’t need to be walking the streets and sucking up valuable tax dollars in a comfy correctional facility. you know that the warden of angola prison told me personally that there are no prisons anymore just correctional facilities. that is why serious crime is so out of control. no one does hard time anymore. they get free medical, education that a hard working law abiding citizen can’t afford, and free meals. i am tired of the “what about my rights” speech from criminals who are supposed to lose their rights until their time is served. prison should be so bad that you never want to go back.

    Report Post »  
  • xm-1774u
    Posted on December 10, 2010 at 8:42pm

    hang him ! im glad elz did not get knocked up ! i wish her well and she is a lovely cute gal that deserves a nomal life i would hug her if i could and blow the ass head off with the outher hand!

    Report Post »  
  • himesa
    Posted on December 10, 2010 at 7:13pm

    Mr. Butcher evidently doesn‘t know the difference between the God of Abraham and today’s modern Christians and the god (notice little g) of this world, Lucifer……..but I’m glad that we do.

    Report Post » himesa  
  • himesa
    Posted on December 10, 2010 at 7:10pm

    NEOFAN…….MY GOD is NOT the god of this world. My God is the loving caring God who sent his son Jesus to go through unspeakable torture for you and I. HOWEVER….Lucifer – who IS THE GOD OF THIS WORLD and all it’s unspeakable actions could very well have been “the god” of who this pervert speaks.

    I am raising a emotionally disturbed BiPolar adopted son. He recently did some unspeakable things, including drowning 2 dachshunds he claimed to love. He said “they told me to take Cindy to the stock tank and play with her” so I did. THEN THEIR LEADER CAME BACK and he told me to hold her underwater……till she quit squirming – so I did.”

    We all know Lucifer and his fallen angels control so much of what goes on. And he considers himself to be the God of this worldl…..so – maybe he wasn’t lying. But there’s a big difference between the God of Abraham and the God of this pervert!

    Report Post » himesa  
  • NeoFan
    Posted on December 10, 2010 at 5:57pm

    Wow and it only took a decade to convict him. Nothing wrong with our justice system.

    And Mr Butcher, God did tell him to do it. The God of this world. The one you listen to.

    Cheers.

    Report Post »  
  • Its Gonna Getcha
    Posted on December 10, 2010 at 5:07pm

    Elizabeth Smart’s story is amazing. How often do children missing for 9 months come back? How often do they catch the perp? How often does the victim choose to re-live it in a courtroom? And how often does the verdict GUILTY get handed?

    She is a walking contradiction, or at least, it must seem that way to her because the odds were against her. God Bless Elizabeth Smart. May peace find you.

    Report Post » Its Gonna Getcha  
  • Iamtheoracle
    Posted on December 10, 2010 at 4:54pm

    I live in Utah – while Mitchell is a total whack job and will spend his life in prison – Ed Smart is clearly manipulative, crazy controlling and demeaning towards his wife and Elizabeth – the entire thing for years has been scripted and “handled” by Ed Smart . Elizabeth has suffered at the hands of her family and her captor and is clearly going to need therapy forever!

    Report Post »  
    • missionarydad
      Posted on December 10, 2010 at 5:07pm

      Youarenottheoracle, explain with some facts. Just because you live in Utah does not give you the right to come on here blaming the victims family with your unsubstantiated charges against Ed Smart. We should be celebrating the fact that this abductor has gotten justice and that Elizabeth Smart was doing well enough to testify against this monster and well enough to give a statement after the trial. I think that speaks a lot that she is well on her way on the road to recovery. I have never seen anything but love and concern for his daughter come from Ed Smart. To try and smear his reputation you should at least share some facts.

      Report Post »  
    • LibertyGoddess
      Posted on December 11, 2010 at 12:26pm

      I have seen your comments on Utah boards before. You really need some help. Mr. Smart was actually very level headed considering all he has been through.

      Report Post » LibertyGoddess  
  • missionarydad
    Posted on December 10, 2010 at 4:53pm

    Someone like this monster truly does deserve the death penalty. Your question speaks volumes about you. Anyone who cannot look around at all that God has created and figure out that this all just didn’t happen out of nowhere is pretty much brain dead and uses your kind of atheist rationality to convince yourself that you will have an excuse on Judgement day. Make no mistake buddy you are without excuse, his very creation speaks so loudly of his existence that you have to intentionally have the blinders on pretty heavy to not believe. Your question is so stupid it doesn’t deserve an answer.
    Elisabeth Smart is such a great person she really is doing well for the hell she went through. God Bless her.

    Report Post »  
  • MrButcher
    Posted on December 10, 2010 at 4:27pm

    Just one question:

    what if god REALLY told him to do this?

    I mean, you can‘t prove he wasn’t instructed by an almighty being, that most here confess is beyond understanding, to take child brides from their families and be fruitful with them.

    Jesus was put to death for being a criminal……

    what if this was a message from the super-holy, holy divine one?
    ————————————————————–

    Please explain without claiming you know “god’s intentions“ or ”his plan” because then you’ll be saying the same thing this wack-job is saying.

    then you’ll know how hard it is to prove a negative and, perhaps, relate to us Atheists better.

    cheers

    Report Post » MrButcher  
    • FromtheBasement
      Posted on December 10, 2010 at 5:44pm

      You pose an incredibly good question, MrButcher. What if God did tell him? What if he didn’t? What if he’s a lunatic? What about not?

      What if it doesn’t matter?

      Legislating beliefs is never a good idea. It‘s doesn’t really work, anyway. We can only legislate behavior. He misbehaved in a huge way. He kidnapped and repeatedly raped a girl who, at the time, was 14 years old.

      How do we determine what kinds of behavior should, or should not, be legislated? Shared cultural morals. Yes. I did just say that we can legislate morals. To say, “You can’t legislate morality” is to be ignorant of the law. Murder, rape, stealing, even jaywalking are, ultimately, laws based on moral beliefs because they are created and governed by our level of respect, or lack thereof, of other human beings.

      Whether God told him to or not is irrelevant to the conversation. It’s not something that can be proved in a court of law. The ONLY reason to have that conversation would be to discuss the nature of religion and belief. In the case of most atheists, I find they bring up the point to start arguments with people of faith or make themselves feel superior to them. Even with my own “siege mentality” when it comes to these things, I’m going to give you the benefit of the doubt in this case.

      Report Post » FromtheBasement  
    • MrButcher
      Posted on December 10, 2010 at 6:13pm

      touche’

      Report Post » MrButcher  
  • MeteoricLimbo
    Posted on December 10, 2010 at 3:58pm

    sturdy girl. I hope some Prayers go out to her for sure.

    Report Post » MeteoricLimbo  
  • ozchambers
    Posted on December 10, 2010 at 3:18pm

    Now that he’s in prison, he can be recruited by the Democrats as a potential voter.

    Report Post » ozchambers  
  • barthom
    Posted on December 10, 2010 at 3:11pm

    I think mental hospitals are worse punishment than prisons. Anyway, I do not understand the mental incompetency defense. Of course, everyone who is a perverse criminal has mental problems. They believe lies, and that is precisely why they need to be restrained, or killed, or locked up. Is there one kind of kidnapper that is better than another kind? Is there one victim that is less harmed than another victim? I say, no more mental incompetency defenses.

    This trial took so long; where’s the deterrent? The Constitution says we ought to have a quick trial.

    Report Post »  
  • BB671
    Posted on December 10, 2010 at 3:09pm

    I don’t understand the big debate about his mental state. Of course he is crazy….Duly noted! There is a big difference between someone walking around and mumbling to them self or believing they are Jesus Christ and someone who commits murder, kidnapping or rape of a child. I know we want to be compassionate but some crimes are unforgivable… I agree that some consideration should be given for the fact that she is alive…Thank God!!! Clinically insane or not is merely a side note, he needs to be put away for life and that’s it.. Then the experts can take all the time they want to study, prod and probe but only after justice is served..

    Report Post »  
    • untameable-kate
      Posted on December 10, 2010 at 3:28pm

      Right, not just crazy, but crazy and dangerous.

      Report Post » Untameable-kate  
    • NoName22
      Posted on December 10, 2010 at 6:26pm

      “If he’s mentally impaired, he can’t help it if he abducted and raped a young girl.” – Liberal argument

      Report Post »  
  • JohnQTaxpayer
    Posted on December 10, 2010 at 2:54pm

    I will never understand why the people will permit these types to live among us, either in prison or to eventually release them back in to society?

    I think it is because we refuse to believe the following

    Some humans are 100% EVIL and have no value as living creatures on this planet. There is such a thing as humanoid debris and it should be disposed of.

    Some where there is a lonely wood chipper wanting to prove its value to mankind.

    Report Post » JohnQTaxpayer  
    • barthom
      Posted on December 10, 2010 at 3:14pm

      Somebody, explain to me the woodchipper comment.

      Report Post »  
    • Psytoxic
      Posted on December 10, 2010 at 5:02pm

      Brian David Mitchell + wood chipper = red snow

      Not that I agree, just explaining the wood chipper comment.

      Report Post » Psytoxic  
    • snowleopard3200 {mix art}
      Posted on December 10, 2010 at 5:06pm

      Woodchipper = natural compost heap for the kidnapper.

      Report Post » Snowleopard {gallery of cat folks}  
  • grandmaof5
    Posted on December 10, 2010 at 2:39pm

    Send him to Florida, we have the death penalty, and I’m sure that suits him more than taxpayers paying for him for the rest of his miserable life.

    Report Post »  
    • snowleopard3200 {mix art}
      Posted on December 10, 2010 at 5:05pm

      If they promise to fix old sparky for the execution of sentence part; no problem then.

      Good afternoon Grandmaof5, the computer lab at my apartments is nice, just slower than molassas in the midst of a antarctic bilzzard in the depths of winter. Hope you have a nice weekend, as it most likely will be monday before I can respond to anyone.

      Report Post » Snowleopard {gallery of cat folks}  
    • Midwest Belle
      Posted on December 10, 2010 at 5:05pm

      Utah also has the death penalty, at least last time I lived there (10 years ago)

      Report Post » Midwest Blonde  
    • cheerer8000
      Posted on December 10, 2010 at 5:19pm

      Agree or bring him to Texas.. We will put him in the express lane.

      Report Post »  
  • Sledgehammer
    Posted on December 10, 2010 at 2:28pm

    May I suggest, General population?

    Report Post » Sledgehammer  
  • GeauxAlready
    Posted on December 10, 2010 at 2:28pm

    Now this is a waste of tax payer dollars, keeping this guy alive. .50 cents will save millions..I’m just saying

    Report Post » SpankDaMonkey  
    • Bronco II
      Posted on December 10, 2010 at 2:34pm

      I know this is going to anger some but he didn’t murder her THANK GOD so if they lock him up forever I can live with that how he survives in there is his proble.

      Report Post » Bronco II  
    • Islesfordian
      Posted on December 10, 2010 at 2:39pm

      I prefer the death penalty for rape, especially rape of a child.

      Report Post » Islesfordian  
    • untameable-kate
      Posted on December 10, 2010 at 3:09pm

      Rape is a horrible thing, and as much as I know I shouldn’t say it, execute the pig. This isn’t just rape, it is abduction, torture and rape of a child, execute the pig.

      Report Post » Untameable-kate  
    • snowleopard3200 {mix art}
      Posted on December 10, 2010 at 3:11pm

      Normally I am against the death penalty, yet in this case may be the one exception to the rule I may see fit to let it happen. I hate admitting thoughts of that, yet it is very hard to let anyone harming a child for so long…you get the idea.

      The main part is for Smart and her family, justice has been served rightly, and now I pray they will be given peace and quiet in the time ahead.

      http://www.artinphoenix.com/gallery/grimm

      Report Post » Snowleopard {gallery of cat folks}  
    • Cliff
      Posted on December 10, 2010 at 3:21pm

      Why would we waste the space time and money to house this vile disgusting puke of a human???…
      I agree… $1.00 for one 6.8 and a shovel is what he needs!!!

      http://www.mentorlynx.com

      Report Post » Cliff  
    • Flagwaver
      Posted on December 10, 2010 at 4:36pm

      See, I guess I am more “environmentally friendly” than you people. Money is tight, but knots are tighter and can be reused. It worked in our country before electricity, so why not go back to the basics…

      Report Post » Flagwaver  
    • TXPilot
      Posted on December 10, 2010 at 5:01pm

      Hopefully, this guy will be sent to a prison with very horny inmates….Maybe he will like to see what its like to be forcibly married…..only from a slightly different perspective this time.

      Report Post » TXPilot  
    • godlovinmom
      Posted on December 10, 2010 at 7:05pm

      I agree…I‘m so glad that he didn’t kill her…Elizabeth seems to be a very strong person…I can’t say for sure…. if this guy did this to my daughter ….that I wouldn’t want him dead…and I’m pretty sure my husband would do the killing…forgiveness is hard…and to do these things to this young beautiful girl in the name of religion…makes me sick…

      Report Post » godlovinmom  

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