Elizabeth Smart describes rapes, sex abuse, imprisonment, threats
She went from feeling worthless to being determined to survive
EDITORS NOTE: The following contains line-by-line detail of the prosecution testimony. We warn readers that some details described in the testimony are graphic in nature and some people might find them objectionable.
SALT LAKE CITY — An attorney for Brian David Mitchell said the defense has "virtually no disagreement as to what happened" with Elizabeth Smart, but said the defense has a "general disagreement about why it happened."
The trial for Mitchell, accused of kidnapping Smart, resumed Monday after being put on hold for nearly a day and a half while an appeal for a change of venue was considered.
Defense attorney Parker Douglas asked jurors to "ferret out carefully not only what happened but why it happened."
Elizabeth Smart spent two and a half hours on the witness stand Monday describing in great detail the events of her first weeks in captivity. She talked about being kidnapped from her bedroom — "the place I thought was the safest place in the world" — to being tethered to a chain "like an animal," raped repeatedly, forced to drink alcohol and obey Mitchell's threats and commands.
She said she went from feeling worthless after the kidnapping to realizing she could survive and would do all in her power to protect her and her family.
Smart's mother, Lois Smart, and her sister, Mary Katherine Smart, also testified in court for the first time Monday.
The following is an unofficial transcript of much of her testimony and that of her sister.
Elizabeth Smart testimony:
Prosecutor Felice Viti: Miss (Elizabeth) Smart, prior to going to bed (on June 4, 2002), did you and your Dad do anything?
Elizabeth: We closed all the windows and all the doors.
Prosecutor: Did you close all the windows and doors?
Elizabeth: No, there is a window above the kitchen sink that we didn't close, because the smell of burnt food was still lingering in the air.
P: Did not close the rectangular window that was on the right side of the bigger square window?
Elizabeth: There is a hand crank that you can crank it open with.
P: On June 4, 2002, did you home have an alarm system?
Elizabeth: Yes it did.
P: Was the window you described part of that alarm system?
Elizabeth: No, not that I know of.
P: Are there any doors in the vicinity of the kitchen?
Elizabeth: Yes there is a door even further to the right, next to set of cupboards next to the refrigerator.
P: What is government exhibit 14 a picture of? Was the kitchen door on June 4, 2002, wired or set up for alarm?
Elizabeth: Yes it was.
P: Was there anything unusual about that particular door that evening that you recall?
Elizabeth: I remember that when it opened, it didn't beep and all the doors in our house beep when you open them up.
P: Did you know why it didn't beep?
Elizabeth: I believe it was because the magnet that makes it beep had fallen out and become disconnected or something. At the end of every day, all my siblings and parents gathered together and one of us says prayers and one of us thanks our Heavenly Father for things we'd been blessed with and asks him for things that we need. I shared a bedroom with my younger sister. She slept right next to me.
P: As you look at government exhibit 18, what's the left to right bed as you look at that photograph?
Elizabeth: My desk.
P: What did you wear to bed that evening?
Elizabeth: I wore a pair of red, silky pajamas. It was a set. It had a bottom and a top, The top buttoned up. They had a collar. They were short-sleeved. The pants were not drawstring, they were elastic at the tip. We have a good family friend who travels up to Vietnam frequently who brought them back.
P: Did anyone in the home wear the same pajamas you wore?
Elizabeth: Yes, my mother did.
P: Were they the same style you wore?
Elizabeth: Yes. They were.
P: I would ask you to look at government exhibit 5. Can you tell me what those are?
Elizabeth: These are my mother's same pair of red silk pajamas that I had.
P: Anything special that you did to wear those pajamas?
P: Explain that to the jury using that pajama top,
Elizabeth: At that age, I was very modest and very shy. I didn't feel comfortable with the collar so I took a safety pin and closed the top, like that.
P: Was that a fashion statement?
Elizabeth: No, not at all.
P: (On June 4) 2002 when you went to bed did, you immediately go to sleep?
Elizabeth: No I stayed up reading to my sister.
P: What did your read to your sister?
Elizabeth: I read a book called "Ella Enchanted." I put it on my bedside table, my desk.
P: Miss Smart, I show what has been marked government exhibit 60. Do you recognize it?
Elizabeth: Yes. It appears to be the book I was reading to my sister the evening of June 4.
P: Could we see government exhibit 18, please? Miss Smart, looking at government 18, can you show me that object to the right side of the desk?
Elizabeth: It is the book "Ella Enchanted."
P: Did there come a time that evening where you fell asleep?
P: What happened when you fell asleep?
Elizabeth: I was woken up.
P: What woke you up?
Elizabeth: There was as strange man and I could feel something cold across my neck.
P: What did the voice say?'
Elizabeth: I don't remember exact wording, but I remember him saying, "I have a knife to your neck. Don't make a sound. Get out of bed and come with me or I will kill you and your family."
P: When you heard those words did you feel anything on your neck?
Elizabeth: Yes, I felt something cold and sharp.
P: Could you describe the tone of this man's voice?
Elizabeth: It was soft but very serious.
P: At that time, did you recognize the voice at all?
Elizabeth: I did not.
P: When you heard this voice, could you describe what you felt?
Elizabeth: I remember it was repeated two times. The first time was sometime between being asleep and being awake. I remember hearing it again and I was immediately wide awake I don't know that I could really describe what I felt other than I knew how deadly the situation was. I was scared. I was extremely scared.
P: As a result of hearing that voice, what did you do?
Elizabeth: I got up. I did what it said. The man grabbed hold of my arm and at knifepoint he led me sort of in the direction of my closet.
P: When he led you in the direction of your closet, where was the knife, do your recall?
Elizabeth: It was at my body, at my middle section.
Elizabeth Smart testified that she has been living in France as a missionary for the LDS Church. She was a student at BYU and intends to return when her mission is complete in April. She plans to return to the mission following the trial.
Smart said she was shocked at the presence of the man in her bedroom.
Elizabeth: I thought I was having a nightmare. It was just indescribable fear.
She said the man was wearing dark clothing with gloves and a stocking cap. He had longer hair, a beard, hiking shoes and had a knife.
Elizabeth: I remember it had a handle. It wasn't like a pocket knife, just a solid knife. I just remember it was dark. On part of the blade of the knife there were some jagged parts, it wasn't just smooth, it was a jagged blade. … He told me what shoes to take. They were my tennis running shoes. … He was holding onto me, holding onto my arm, he led me out of my closet and out into a hallway. We started straight down the hallway, he went past the stairs so we had to backtrack a few steps.
Smart said the man asked her what was the quickest way out of the house. He didn't listen, however, and directed her to the kitchen door.
P: During the time in the house, where was the knife?
Elizabeth: It was always pointed at me. It was always directed at me. I just remember not to make a sound or he would kill me and my family.
Once they exited the home, Smart said he walked her up to the back side yard, up to top of the family's property.
Elizabeth: At which point I was instructed to put my shoes on. I asked him why he was doing this. He said that he was taking me hostage. We continued to head to the lot above my backyard up to a street called Tomahawk.
Smart said the man stopped to pick up two green bags filled with items that he carried over his shoulders.
Elizabeth: They were an army green color and he had tied the tops together with a piece of material. … He still had the knife in his hands.
Elizabeth: We started to go down the slope. There was a car that came driving by so I was immediately pushed down inside a bush.
P: Who pushed you down?
Elizabeth: The defendant.
P: What kind of car was it?
Elizabeth: It was a police car.
P: How did you know that?
Elizabeth: I could see the writing on the side.
P: Did he say anything to you?
Elizabeth: If this is the work of God then let this police car pass without finding us.
P: Did he tell you what to do?
Elizabeth: He told me to stay down, not to move or say a word or I would be killed. When the police car passed, we were within 10 feet.
P: What happened after the police car passed?
Elizabeth: I was immediately forced to stand up and run across the street to where there is the beginning of a trail head.
P: Prior to June 4, 2002, had you ever been on this trail head?
P: What happened when you reached the trail head?
Elizabeth: He told me to start going up the trail head and he was right behind me with the knife at his back. I remember asking him why he was doing this. I'd never done anything wrong. I didn't know who he was. I asked him who he was.
P: How did he respond to your questions.
Elizabeth: He said he would explain a lot to me later when we got to where we were going, and I remember asking him if he realized what he was doing and he said he did. And I remember me saying if he let me go right now that we wouldn't press charges on him, and I remember him saying he knew exactly what he was doing and he understood the consequences of his actions.
P: When he said this, was he speaking in any old English or archaic English?
P: Does this trail head take you up in elevation?
P: Does there come a time were the trial ended?
Elizabeth: There came a time when the trial continued but we didn't continue up the trail. There was a dry streambed that went straight, veered off, continued to go straight back up into the mountains.
P: Did he make any stops or frequent stops?
P: When you got to that streambed, can you tell us what happened?
Elizabeth: I was still in front and he told me to go up the streambed. So I continued up the streambed. I remember praying and pleading to find a way to escape, but there was a steep slope on either side of the streambed with what seemed like a wall of scrub oak up the side. We continued up the side and we continued up and I remember saying to him as well that if he were just going to rape and kill me, that he do it closer to the trail head so someone could find my remains. He just told me to keep going. I remember we were making more frequent stops where he would stop to urinate or he'd say, "We're going to wait until the sun comes up." But that would only last a minute or two before he'd say, "No, we have to keep going." We were still at the streambed but we'd taken a momentary pause so he could relieve himself.
Elizabeth: I had the name Immanuel come to me, and I asked him why he was trying to do this, my parents were only trying to help him. I recognized him to be the man who had worked on our house a little bit, who my parents had work on our house a little bit.
P: Government exhibit 22. Do you recognize who is depicted there?
Elizabeth: Yes. That is the defendant.
P: On that night or that evening, did he have a beard?
Elizabeth: Yes, he did.
Smart testified that at one point, Mitchell said he was going to hold her for ransom. "I said my parents would pay any amount to have me back." She said she doesn't remember him saying anything in return.
When they were at the streambed, Smart said Mitchell told her his wife was waiting for them.
Elizabeth: I remember thinking maybe this man just wants a daughter.
P: Did there come a time when the defendant put the knife away?
P: When was that?
Elizabeth: When we started to climb up the mountain. It was very steep. … After we turned off of trail onto streambed, there was no trial. It was very rough terrain and it felt impossible to turn around without coming face to face with the defendant. It's just very rough terrain.
P: When the defendant put the knife away, did he say anything to you?
Elizabeth: He told me that I better not try to run because I would be caught and he threatened me again that I would be killed if I didn't do exactly as he said. And that he had friends that could kill my family or he would kill my family if I were to escape or do anything outside of his commands.
P: What happened when you reached the reached the top?
Elizabeth: The sun started to come up. It was quite a bit lighter, and I remember him saying we needed to make it over the top of the ridge because the color of my pajamas were so pretty that he didn't want any of the others … to see me.
Smart said Mitchell later called out "Hepseba" and a voice responded from a grove of trees not too far off, "Immanuel!"
P: Would you describe the voice?
Elizabeth: It was a female voice.
P: After you heard the voice, what happened?
Elizabeth: I remember him taking me into a grove of trees and walking down an incline to where some ground had been leveled out. And there was a tent and there was tarps, and behind the tent there was a big mound of dirt. But in front of everything, there was a woman standing there wearing light-colored robes — the kind you pull over your head, not the kind you wrap around you — and she just grabbed me into her arms and hugged me.
P: Had you seen this woman before?
P: (Displaying a photo.) Who do you recognize that to be?
Elizabeth: The wife of the defendant.
P: Is that the woman you ID'd as Hepseba? Do you know her by a different name now?
P: What name is that?
Elizabeth: Wanda Barzee.
P: Can you tell us what time it was?
Elizabeth: The sun was up, but it was definitely before mid-day.
P: Can you remember approximately how long it took you to get from the trail head to the campsite?
Elizabeth: Probably between three and five hours.
P: Was it a difficult trip, physically challenging?
P: Did the defendant stop?
Elizabeth: Yes he did.
P: And for what purposes?
Elizabeth: He would have to urinate
P: Did he ever stop for food and water?
Elizabeth: He had some water in the green bags I described earlier.
P: Did he ever offer you to eat during the trip, do you recall?
Elizabeth: He did offer me water, but I couldn't drink anything.
Smart said Mitchell didn't want "other runners to see me in the red" pajamas and didn't want to spend a lot of time on the ridge. She said she remembered a grey shirt, but didn't remember putting it on.
P: After Ms. Barzee hugged you, what happened?
Elizabeth: She took me into the tent. There was a tent … a tarp that was laid out on the ground. Another above it to make a roof, several trunks, the blue Rubbermaid sort of type, kitchen things out. A lot of items … a very well-stocked sort of camp. Behind the tent was a big mound of dirt. I went into the tent and she had a blue sort of basin, the kind that they give that hospitals have.
Smart said she sat on a bucket inside the tent and Barzee tried to get her to remove her clothing.
Elizabeth: She said she need to bathe me. That if I didn't take them off, then she would have the defendant come in and rip them off. She handed me a robe like hers to put on, so I put that on. She told me to remove my underwear.
P: And what did you say?
Elizabeth: I said no.
P: And what did she say?
Elizabeth: She said if I didn't take them off she would have the defendant come in and rip them off.
P: What did you do?
Elizabeth: I took off my underwear.
P: What happened after you took off your underwear?
Elizabeth: She left the tent. I was on the bucket crying and then the defendant entered the tent. He was wearing similar robes with a sash that tied down the middle and a hat that was made of the same linen material. And after the defendant entered the tent, I was crying a lot so I didn't realize what was going on at first. And then I heard him say that he said, "By the power of the holy Melchizedek priesthood, which I hold, I seal you to me here on this earth, and what I seal on this earth will be sealed in the hereafter, and I take you to be my wife.'
P: What did you do when you heard this?
Elizabeth: I screamed no.
P: What did the defendant say when you screamed?
Elizabeth: He said if I ever screamed like that again, he would duct tape my mouth.
Elizabeth: He forced me off the bucket and into the bed that they had, that they had made, where he proceeded to, um, fight me to the ground and, um, uh, force the robes off where he raped me.
P: Did you say anything to the defendant to prevent him from doing this?
Elizabeth: I begged him not to. I did everything I could to stop him. I pleaded with him to not touch me, but it didn't work.
P: Do you recall saying anything to him about how you hadn't started your period?
Elizabeth: I told him that I was just a little girl, that I hadn't even started my period yet, and he called out to his wife if that made a difference, if that was still OK, and she said it was and he continued.
P: When you use the word rape, do you mean he forced you to have sexual intercourse with him?
P: Did you do anything physical to try and prevent him from raping you.
P: Can you tell the jury what that was?
Elizabeth: I tried to fight him off me, but a 14-year-old girl versus a grown man doesn't even out so much. I turned on to my stomach because I thought that if I were on my stomach he wouldn't be able to do anything, but sadly I was mistaken.
P: And when he raped you, were you on your stomach?
P: What happened after he raped you?
Elizabeth: He got up and left the tent and shut the door behind him. He was just sitting out there. I was just inside the tent crying, and I ended up crying myself to sleep.
P: Do you recall waking up that day?
P: Tell us what happened when you woke up?
Elizabeth: I had to go to the bathroom, but before I went to the bathroom, I remember waking up, and he was there inside of the tent and he had some metal cable that he had in his hands and that he had fastened around the ankle. I had promised myself that I was going to escape at the first moment possible. I guess he had planned for that, too, and he had planned for what he was going to do. I asked him what he was going to do and he said, "Take away the temptation of running away from him." And I said I wasn't, though I had every intention of running away at that moment. And he bolted the cable around my ankle.
P: What did he do to fasten the cable around your ankle?
Elizabeth: There were small little metal bolt-like things that it was possible for the cable to run in one hole and there's a hole right next to it where the cable could loop back around and go through the other hole. There were big bolt cutters, big heavy duty metal tools he used to crimp the bolts closed with.
P: Did he do this while you were in the tent?
P: What happened after he secured your ankle?
Elizabeth: He went to the bathroom.
P: Can you describe the bathroom?
Elizabeth: It was as far away as I could reach with the cable attached to my leg and it was just a few yards away from the tent.
P: When he bolted the cable around your ankle, where was the other end of this cable?
Elizabeth: It was connected to a lock and the lock not only had the cable that was directly connected to me, strung between another cable that was bolted between two trees. And I was able to move the length of the two trees and the length that was the cable to my ankle. It was a bolt lock.
P: During the time you were tethered between those trees, was (a) key visible to you?
P: Publish it?
P: Miss Smart, let's go back then to when the defendant is tethering you. When did you tell him you need to use the bathroom?
Elizabeth: While he was tethering me.
P: Did he allow you to use the bathroom before or after you were tethered between those trees?
P: While he as tethering you, what if anything did you say to him?
Elizabeth: I said I wouldn't run away.
P: What did he say?
Elizabeth: He said he knew. He was just putting temptation out of my reach.
P: After you were tethered, what did you do?
Elizabeth: I went to the bathroom.
P: Can you describe anything you noticed when you went to the bathroom?
Elizabeth: I noticed I was bleeding.
P: Can you describe this bathroom area or where the bucket was located? Did the cabling system allow you to reach any further than the latrine or the bucket?
P: After you used the bucket, what happened next?
Elizabeth: I went back down to the tarp area what was just outside of the tent, and I sat down and was crying.
P: And at this point, did the defendant say anything to you?
Elizabeth: He said that I was very lucky and that I was being saved from the world, that I had been called by God.
P: Called by God? Did he explain to you how you were called by God?
Elizabeth: I was called by God to be his wife.
P: At that point, did he tell you who he was?
Elizabeth: He began, yes. He said he had been called by God and instructed to do everything he had done up to that point, that he was a prophet and that the Lord had taken him out of the world to begin preparing him for the day when he would re-enter the world and come out of obscurity and testify with great power and call the world to repentance in preparation for the Second Coming of Jesus Christ.
P: Did he tell you at that time whether he had tried to obtain other wives?
Elizabeth: I do not remember exactly if it was at that time, but I do remember that at other times.
P: What did he tell you?
Elizabeth: About obtaining other wives?
Elizabeth: He described approaching other women and asking them. He described approaching a woman named Kelly who was an African-American. He told me how they tried to live plural marriage together, and he told me how that had failed. And he told me about another woman who worked downtown at a shoe store and how they had talked about polygamy. He told me she came from a polygamous background. … She had run away from that community and has joined the LDS Church and was engaged to be married to a young man. Later, when he came back to ask her to come away with him, she had quit working there.
P: Did he tell you whether you were the first one he tried to take by force?
Elizabeth: No. He described another occasion when he was trying to take another young girl who rode the bus and he was following her to take her. But she was able to jump off and switch buses before he could jump off and follow her.
Smart said she remembers Mitchell telling her to go to bed.
Elizabeth: I still had the cable connected to me. That was always there. It was long enough that I could go inside with my head by the door and lie down with the cable alongside me and his wife on the other side.
P: Did he do anything before you went to bed that evening?
Elizabeth: He prayed.
P: How long did he pray?
Elizabeth: About 45 minutes.
P: Where were your heads pointed? In what direction?
Elizabeth: Towards the door.
P: And where were you in relation to the defendant?
Elizabeth: On his left.
P: With Wanda on the other side?
P: On that night, did the defendant rape you?
Elizabeth: No, he just ran his hands all over my body.
P: Can you describe what the defendant did the next day?
Elizabeth: He said he and his wife were going to demonstrate how to have sexual intercourse in front of me and that I needed to watch and needed to learn.
P: And what else?
Elizabeth: He said we needed to go the day naked and be like Adam and Eve. So I was stripped of my clothing. Wanda took off hers as well. I was forced to go into the tent and watch them have sexual intercourse.
P: What happened after they had sexual intercourse?
Elizabeth: He proceeded to rape me.
P: And you were still tethered to that tree?
P: You explained to me before the break, you said that first morning you were in the tent alone and that you decided you were going to run away before you were tethered. Is that correct?
P: Could you explain what you were thinking when you made that decision?
Elizabeth: I didn't want to spend another day with him. I never wanted to see him again. But I also like I had seen what he'd done to me so far. I'd seen how he'd come in and taken me from my bed — the place I thought was the safest place in the world — in my own home with my sister. He had succeeded in taking me up to this camp. He had threatened me, and I had been tethered between two trees like an animal. And at that point, I felt I could just, like it didn't matter. I felt because of what he had done to me, that I was marked, that I was not clean, that I wasn't pure, that I wasn't worth the same, that my personal worth, my self values had just dropped. I felt like I was nothing. I didn't feel like another person could love me again, so at that point I thought, "Yeah, I could take the risk of being killed and trying to escape."
P: Did there come a time, Miss Smart, shortly after that you fought this, that your thinking had changed?
P: Could you tell that to the jury?
Elizabeth: After the shock, a little bit of what had happened, I started thinking about my family, about my parents and what my life had been before. And I thought no matter what happened to me, my parents would always love me. And I thought that couldn't change and that I still was a person of worth. And I felt like prostitutes in this life had a better life in that moment and that I at least deserved that, so I decided I would live. I would survive whatever it took. I would do whatever he told me to do. I would keep my life and my family's life intact, and I did that until the very end.
P: Were you concerned about your family's safety at that point?
P: How would you have felt if you had done anything to cause harm to them?
Elizabeth: I would have felt like it was my fault. I would have felt terrible. I would have felt like I had a burden the size of a mountain to carry around with me the rest of my life.
P: Part of this strategy to live, did that include mimicking their beliefs?
Elizabeth: It included anything to take away as much danger, as much threat as I could.
P: Miss Smart, approximately how long were you tethered to those trees?
Elizabeth: Month and a half, somewhere around there.
P: In that month and a half, were you ever untethered from the trees?
P: How were you untethered?
Elizabeth: The key that was around his neck. He would unlock the lock, but I would have to either carry or drag the cable that was bolted on to my leg.
P: So during the six-week period, that never came off your leg?
P: When you walked around, when you were untethered from the two trees but with the cable still attached to your ankle, how would you carry the cable?
Elizabeth: In my mind.
P: While you were tethered to those two trees, did the defendant rape you?
P: During that period when you were tethered to the trees, how often did that occur?
Elizabeth: Daily, if not more.
P: And would these rapes occur only while you were in the tent or in other areas of the camp?
Elizabeth: Both in and outside the tent.
P: Where was Wanda when these occurred?
Elizabeth: She was there. She was around.
P: During the periods when you were tethered, did the defendant make any threats to you?
P: How often?
Elizabeth: Quite frequent in the beginning. It was a few times a day. The less I fought back, the less the threats came.
P: What was the nature of these threats?
Elizabeth: That I would be killed or my family would be killed or anybody who tried to help me would be killed.
P: Would Wanda ever threaten you?
Elizabeth: She wouldn't threaten me directly but she would back him up. She would say, "He's serious. He's not joking."
P: During the time you were tethered, did you become aware that people were searching for you?
Elizabeth: Yes, I did.
P: Would you explain that?
Elizabeth: I remember one day sitting on the buckets with the defendant and his wife and I remember hearing my name being called. And I remember him immediately becoming very, very tense. And I remember him telling me if I cried out, he would duct tape my mouth shut and anybody who came into the camp would be killed.
P: When he made these threats to you, was he holding anything in his hands?
Elizabeth: I don't believe so.
P: What did he do when you heard the voices calling your name, other than threaten you?
Elizabeth: He just was absolutely silent, like there was no moving or talking. There was just silence.
Smart also testified that Mitchell forced her to drink alcohol.
Elizabeth: Everytime he went down to Salt Lake City he would return with alcohol. It got to the point where he was going down to Salt Lake three, four times a week.
P: What type of alcohol would he bring back up
Elizabeth: Every kind: wine, champagne, rum, vodka, gin, scotch, whisky — a lot.
P: On this occasion, when he would force you to drink gin, would he bless the gin before he would drink it?
P: When he forced you to drink vodka, before he would force you to drink vodka, would he bless it?
P: I apologize. I don't recall the others. Do you recall him blessing those types of alcohol before he forced you to drink them?
P: When he forced you to drink wine, would he bless it?
P: During the time you were tethered, lets focus on that. Would he force you to smoke cigarettes?
P: Do you remember that?
P: Could you describe that?
Elizabeth: He pulled out tobacco and papers, and he said that in order to rise above all things, I needed to sink below all things first, and that included smoking. And he proceeded to roll a cigarette, light it and hand it to me.
P: And did you smoke it?
Elizabeth: Well, I don't know. Yeah. I don't know how much I actually inhaled though.
P: Was that the first time you inhaled a cigarette?
P: Had you been around people that smoked before?
P: Did you smoke after that time?
P: Turn your attention to July 4, 2002. Do you recall that day?
P: What do you recall about that day?
Elizabeth: It was July 4. It was a holiday. We went, I was able to be untethered for a little bit to go to the top of the mountain and watch the fireworks from the top of the mountain.
P: Did the defendant give you any instruction before letting you go to the top of the mountain?
Elizabeth: Of course.
P: What were they?
Elizabeth: Told me not to run away or I could be killed, told me my family would be killed as well.
P: What did you do when you to the top of the mountain?
Elizabeth: We watched the fireworks. They had a ball at the camp so we tossed the ball back and forth.
P: Wanda was there at this point?
P: Did there come a time when you left the top of the mountain?
P: Where did you go?
Elizabeth: Back to the camp. We sat around the campfire.
P: Was there a discussion at that time?
P: What was the discussion about?
Elizabeth: He said the time had come, well first of all, he looked at his wife and he said, "I think the time has come'" and she started shaking her head and said, "Oh no, not this." And I sat there and thought, "What could possibly be worse than what I'd actually experienced?" I had no idea that there are worse things and he proceeded to say that the time had come for oral sex to take place.
P: Did he say that?
Elizabeth: He said it to his wife.
P: What happened after he said that?
Elizabeth: He said that we were going to go down into the tent and that they were going to perform that on each other and then tomorrow the same thing would be expected of me.
P: Did there come a time that evening when the defendant and Wanda went into the tent?
P: And where were you?
Elizabeth: I was still by the fire.
P: And what happened, if anything, when they came out of the tent?
Elizabeth: They were cleaning up and told me to go to bed.
P: And did the defendant rape you that evening?
P: Miss Smart, can you tell us what occurred the following day, July 5?
Elizabeth: He went down to Salt Lake and came back in the afternoon. … He had alcohol with him, hard liquor and he said that I should drink some and if I drank some …
P: Why did he tell you that you should drink some?
Elizabeth: Well, for him probably because …
P: Did he tell you why you should drink on that occasion?
P: What did he tell you?
Elizabeth: That afterward, I would have to perform oral sex on him.
P: And did you drink the alcohol?
P: Did you know before he left the camp that morning where he was going?
P: How did you know that?
Elizabeth: Because he told me.
P: Did you do anything unusual that day?
Elizabeth: I didn't eat.
Elizabeth: Because alcohol had a quicker effect if I didn't eat.
P: And why didn't you eat that day
Elizabeth: Because I didn't want to be sober for what was coming.
P: What happened after you drank the alcohol that day?
Elizabeth: I was forced to have oral sex with him.
P: Did anything happen before you had oral sex?
Elizabeth: He was trying to kiss me and I bit him.
P: Before he forced you to have oral sex with him the first time, did he and Wanda do anything?
Elizabeth: They demonstrated in front of me.
P: After they demonstrated it, that's when he forced you to have oral sex?
P: Miss Smart, were there other times that the defendant forced you to have oral sex?
P: Do you recall a time when you hurt the defendant?
P: Describe that.
Elizabeth: I bit him. I bit his tongue he was trying to kiss me, and I, um, I bit him.
P: What did he do if anything when you bit him?
Elizabeth: He pulled back and said that if I ever did that again, he would never have sex with me again, and I'd be the most miserable woman in the world.
Mary Katherine Smart testimony
Prosecutor Alicia Cook: Mary Katherine Smart.
Judge: Come forward and be sworn, please, right here by the clerk of court.
Mary Katherine Smart: (spells name)
Cook: Good morning Mary Katherine. Please tell the jury how old you are.
MK: I'm 18 years old.
C: Have you graduated form high school?
MK: Yes I have graduated, January 2010. I am attending BYU.
C: Is this your first semester?
C: Are you missing class today?
MK: Yes I am.
C: What do you study?
MK: I have an anthropology class, I'm a special ed major. Lois Smart is my mother.
C: And who is Elizabeth Smart?
MK: She is my sister.
C: I want to talk to you about June 2002, How old were you?
MK: I was 9-years-old. July 8 (was 10th birthday). I was into hanging out with my sister. I was big into drawing and using watercolors.
C: We heard Elizabeth played the harp?
MK: I also played the harp, too.
C: Did you ever practice together?
C: I want to talk to you about a part. The day of June 4, 2002. Were you still in school?
MK: I believe we'd just gone out. We'd gone running together. This little reservoir up by my grandmother's house we went running at. I guess we went to Elizabeth's Aware Ceremony (that night). I don't really remember.
C: Do you remember anything about dinner that night?
MK: My Mom had burned the potatoes.
C: What did that do to the house?
MK: Made it smell. Every night we gathered as a family and had family prayer. We had this little routine where every night she (Elizabeth) would read me a book. We would read a book together.
C: Did you do that night? Do you remember what she read you that night?
MK: "Ella Enchanted."
C: Were you sharing a room at the time?
MK: Yes we were.
C: How was that working out?
MK: Really well. We were … still are best friends, we were really close, and we did basically everything together.
C: Mary Katherine's side of the room was the right side, left side was Elizabeth's. Do you recognize this?
MK: That's another angle of my room.
C: Is this how your room looked in June 2002?
C: There's a large window next to the bed. Did you close it or leave it open?
MK: We left it open. We didn't have any blinds. Just the moonlight, but it was pretty bright in there.
C: If you left it open, could you see things?
C: What did you see?
MK: You could see objects. Not any detail, but you could certainly tell.
C: Large shelf with a lot of dolls, whose shelf was that?
MK: That was Elizabeth's side of the room. (Dolls were on Elizabeth's side of the room.)
C: Mary Katherine, do you recognize this?
MK: Bed, edge of the desk and into the hallway. There's a doorway into my bathroom and closet.
C: Is this the bathroom and closet you were just talking about?
C: And you could access this through little hallway, your bedroom door?
C: As you and Elizabeth went to bed, she was reading you a book? Did you fall asleep?
MK: Yes I did. I don't know if I imagined this, but I feel like I'd been nudged a little bit and I just thought it was Elizabeth and I just thought, 'Whatever' and went back to sleep. I woke up to Elizabeth getting out of bed and there was a guy in the room.
C: Was there somebody who should have been in the room?
MK: No, it wasn't.
C: Did you recognize the man?
MK: No. (they) went into the bathroom and … talked a little bit and then they left.
C: Were you able to see much about this man who was in your room?
MK: He was wearing really light clothing.
C: Were you able to see if he was holding anything?
C: What was he holding?
MK: A knife.
C: Was he close to Elizabeth?
C: How close?
MK: Was, like, holding her arm close. She asked what he was going to do with her. He said take her as a hostage or hitchhike or something. I was faking, pretending to be asleep because I thought If I got up he would take me, too.
C: Were you afraid?
MK: I was very afraid. … I stayed in bed, I was scared. I couldn't do anything. … I was just shocked, petrified, I didn't know what to do. Someone had just come into my bedroom and taken my sister. I was just thinking, 'I've got to go into my parents.'
Mary Katherine said she heard the grandfather clock go off a couple of times.
MK: "I thought it was a couple of hours."
MK: I tried to get up, went to doorway. I saw two people in white and I ran back into my bedroom. I didn't know what it was. I was even more terrified.
C: How long did you stay there?
MK: I don't even know.
She said she continued to think she needed to tell her parents.
MK: I finally got up. I had this baby blanket I'd had forever. I sleep with it every night. I took it with me and I booked it into my parents' room. I tried to wake up Dad first, he didn't wake up. I went to Mom's side. Dad got up. … Mom went downstairs. I followed her. I didn't want to be alone.
When her mother turned on the lights, she saw the cut screen in the girls' bedroom.
MK: She cried out.
C: Did you know the man?
MK: Not at the time.
Mary Katherine said she slept on the floor of her parents' room many nights after that.
MK: I was just scared to sleep in my room.
She said when she eventually began sleeping in her room again, she slept with the night light on until the seventh grade and made her father come in and check on her nightly before he went to bed.
She testified that months later, she was again thinking one night about who the man could have been that kidnapped her sister and thought of the workers that had been through her house.
MK: Just the name Immanuel popped into my head. I had first seen him when Mom took us school shopping. I just remember them talking a little bit, not very much. … He was very clean shaven, he was just wearing normal clothes, he just seemed like an ordinary guy.
She said she never talked with him directly while he worked at the house. Her little brother, she said, was friendly and made friends with all the workers. She remembered once being outside with Immanuel.
MK: My little brother asked his name, what it meant. He said that it meant Jesus Christ, things to do with God.
Mary Katherine said he "talked normally" and "didn't talk about religion at all."
C: Who was the first person you told that it was Immanuel?
MK: Dad, when he came into the room I told him.
The defense declined to cross examine Mary Katherine Smart.
Elizabeth Smart's mother described her daughter as serious and shy, but with a good sense of humor.
She said in the fall of 2001, she met a man named Immanuel while doing some school shopping at the downtown malls. He was clean-cut, had short hair and seemed down on his luck. He told her he'd just lost a job. He looked young enough to have a family and people he was responsible for, she said.
Lois Smart gave him $5 and mentioned her home had a leak in the roof and told him she thought her husband would need some help to fix it.
"His response was, 'Yes, I do manual labor.' " She said the man did not appear to be homeless, was not preaching or singing and didn't even mention religion at all.
"He did nothing that made me think he was mentally ill," she said, adding that he was not behaving in any way that made her want to avoid him.
"Did he show special interest in Elizabeth?" a prosecutor asked. Lois Smart said he did not show any special interest in anyone, and she never would have invited him into her home if she thought he had.
Immanuel raked leaves and worked on the roof of her home, she said. "I wasn't out there watching him work, but he seemed fine."
She said an alarm system was "in place and it did work, but we didn't set it every night." She said when any door would open, "it would beep. That happened (beeping) regardless of whether the alarm system was set or not."
The mother of six children described Elizabeth in 2002 as being an excellent student at 14 years old and "not a worldly teenager."
She said when she asked Immanuel where he was from, he told her he had been down South preaching the word of God. He never preached to the family or tried to recruit them, she said.
On June 4, Lois Smart described a chaotic evening full of school activities. She said she burned the potatoes, and opened a window to let the smoke out.
"Everything was a rush. We really didn't have a nice sit down dinner," she said.
Later that evening, Elizabeth put on red, silky pajamas. The regular family prayer occurred about 9 p.m. and the children went to their rooms to read and go to sleep. That was the last time she saw her daughter for nine months.
In the middle of the night, she was awakened by her daughter Mary Katherine, who came into her bedroom with her head wrapped in a baby blanket.
"She reminded me of a scared rabbit. She said, 'Elizabeth is gone,' " Lois Smart testified.
"My heart sank and I yelled out to Ed, 'Call 911. She's gone!' "
Her husband, Ed Smart, jumped out of bed to see for himself while Lois Smart stayed with her daughter.
When she later saw the cut screen from her daughters' window, she said, "It was the worst feeling knowing that I didn't know where my child was. I was helpless."
Mary Katherine, who was 9, said a man had taken her older sister at gunpoint and said the family wouldn't be able to find her. "She said he either took her for ransom or for a hostage," Lois Smart said.
Prosecutors presented the actual window and the screen where they say Mitchell went through to kidnap Elizabeth.
Douglas picked up where he left off Thursday. He had just began delivering opening arguments when U.S. District Judge Dale Kimball was forced to stay the trial pending a decision from the 10th Circuit Court of Appeals about whether to grant a change of venue. A 12-member jury plus two alternates had already been seated and the U.S. government had already finished giving its 45 minute opening argument when the trial was halted.
Mitchell entered the courtroom Monday and sang hymns "For the Wisdom and the Love," "In Memory of the Crucified" and "There is a Green Hill Far Away" before the judge had him removed into a nearby annex to witness the proceedings.
Douglas told jurors they would hear "horrifying, crazy, disturbing" details of the case. He then posted photos of Mitchell taken a different points during his life and began to describe a lifelong battle with mental illness.
"There is much in his life that may look familiar either because they're the type of photos you're accustomed to seeing or because they're photos you've seen before," he said. "There are things outside the frames that you can't see. I'll cover both what's in and outside the picture as much as I can."
The defense attorney said Mitchell was born Oct. 18, 1953, the third of five children raised in a seemingly mainstream Mormon household. He was somewhere between the ages or 13 and 15 when he began to change. "One of the figures in the photo now before you is Franklin Harry Mitchell, Brian's paternal grandfather two years prior to Brian's birth," Douglas said.
Franklin Mitchell was civilly committed to the Utah State Hospital with a diagnosis of paranoid schizophrenia. Douglas said he was an intelligent man who also suffered from delusions. Mitchell's mother Irene was a school teacher.
Mitchell's father, Shirl Mitchell, spent most of his life withdrawn from the family in various ways, but believed he was a prophet and wrote a 900-page religious manuscript. He said from 1966 to 1970 the first signs of mental illness began to manifest in Brian David Mitchell. When he was about 13, he began to identify with his father's beliefs.
Douglas said there were changes in his client's character at that time, when he became intensely cruel and sadistic in the treatment of his mother and siblings. He also adopted a strict fruit diet and accused his mother of poisoning him if she fed him anything other than fruit. Douglas said he would follow her around their home calling her a whore and other names. He would also say shocking things during this period, such as "I'm going to screw your eyeballs out."
Elizabeth Smart last year testified that Mitchell had made similar statements to her during the nine months he allegedly kidnapped her.
When Mitchell was 17, a probation officer said a therapist indicated he had early signs of a psychological disorder, Douglas said. In 1970s, Mitchell got married and divorced. He married a second woman and divorced her. He then returned to The Church of Jesus Christ of Latter-day Saints and married Wanda Barzee in 1985. Three years later, their marriage was sealed in an LDS temple. He and Barzee were religious and became temple workers. But Douglas said he soon began developing what some would describe as "fundamentalist views."
Later, Mitchell and his wife "decided to leave the world," Douglas said. He stopped using his social security number because he distrusted the government and didn't like institutions. They journeyed throughout the land while Barzee would give organ recitals. They were attended by few or no people, but they believed "heavenly hosts" attended in great numbers.
The couple traveled to Alaska and Hawaii. They would purchase one-way tickets to Hawaii and trust in the Lord that they'd find a return ticket. It was "a test of their faith," the defense attorney said.
In 1996, they built their first handcart and pulled it across the Golden Gate Bridge. By 1997, they started dressing in robes that Barzee had made. In 1998, they built a covered wagon and called it "the hand wagon" and had a third vehicle they called "the hand house."
The hand wagon was "sort of an Arc of the Covenant," Douglas told jurors.
In 1999, they built the "hand house" that was almost as large as pop-up trailer. They pulled it for one day, but it was very heavy, he said.
While going downhill one day with it near St. Marks Hospital, Barzee was run over by the hand house. Mitchell began quoting from the biblical book of Isaiah.
Douglas said it isn't clear when Mitchell began to receive revelation. Some say he was as young as 18, but by the year 2000, Douglas said he believed he was receiving regular revelations from God.
God "reveled to him to restore the law of celestial marriage, plural marriage," Douglas said. Mitchell prophesied of the coming of a new Zion and said the Lord revealed that he should marry seven wives, then seven times seven wives with Barzee as his eldest wife. Mitchell then married a second woman named Kelly who was seven months pregnant. The marriage, however, was very short lived, the defense attorney said.
In 2001, Mitchell approached a woman at a mall, but she rejected his offer of marriage. Douglas said the Lord then revealed to him that he must take younger wives.
When Mitchell finished writing a theological Book of Immanual Isaiah David book of revelations, he showed it to his mother. When she wasn't interested, he frightened her and she obtained a restraining order.
On June 4, 2002, Douglas said Mitchell was living in a camp above the Smart home. He and Barzee had lived there before he met the Smart family. Douglas said Mitchell was doubting what to do, but Barzee comforted him and said if Elizabeth Smart was to be his wife, God would open the way if God wanted it to happen.
That night, he went to the Smart family's Federal Heights home.
"With a crazy mind, the easy explanation is not always the right one," Douglas told jurors.
He said Mitchell's actions did not necessarily follow logic, but did follow a pattern.
He said Mitchell was "insanely inflexible."
"You will see and hear a crazy, cunning" man with intelligence and "contradictions of true madness," Douglas said of his client.
While he said the defense has "virtually no disagreement as to what happened, we have a general disagreement about why it happened."
Douglas asked jurors to "ferret out carefully not only what happened but why it happened."
The defense had petitioned the appeals court last week, claiming a fair and impartial jury could not be seated in Utah because of the large amount of media coverage the Elizabeth Smart story has generated over the past eight years.
The 10th Circuit issued a ruling on Friday denying the petition and lifting the stay on the trial.
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