Editor's note: For the third day, Deseret News reporters have provided unofficial line by line transcripts of much of Elizabeth Smart's testimony.
SALT LAKE CITY — Elizabeth Smart finished her testimony Wednesday in the trial of the man accused of kidnapping her, Brian David Mitchell.
Since Monday, Smart has spoken in a soft voice but remained strong as she recounted in graphic and disturbing detail her "nine months of hell," as she put it, in which she was raped almost daily as well as threatened with her life, forced to drink, take drugs and view pornography.
During Wednesday's testimony, she forcefully said her captor was hypocritical because he pretended to be a man of God.
"I know that everything he ever did to me and my family was never anything that God would tell somebody" to do, she said.
Her testimony resumed just after 8:30 a.m. Wednesday with prosecutor Felice Viti questioning her.
Judge Kimball: If we're ready to proceed, I'll get the jury in.
Clerk: All rise for the jury.
Judge Kimball: Good morning ladies and gentlemen of the jury. Thank you for being here promptly. We appreciate your work. Mr. Mitchell you have a constitutional right to be present, which we will waive if you sing.
Kimball: All right, we'll remove him. We will begin as soon as we're advised that Mr. Mitchell is in the room where he can both see and hear the proceedings. Ms. Smart you may resume the stand.
You may proceed Mr. Viti.
Viti: Thank you, your honor. Miss Smart, I'd like to direct your attention to the Book of Immanuel David Isaiah for a moment. Just by way of refresher who actually wrote that book?
Elizabeth: The defendant.
Viti: Did you ever see him during your nine months writing it at all?
Elizabeth: It was written before I was kidnapped, but I can't remember for certain, but I think he may have added one last section when I was with him.
Elizabeth: I saw him spend time with the book.
Viti: Did you see him spending a lot of time writing the book when you were observing him?
Viti: Did you read the book?
Viti: Did the defendant tell you details about the night he took you from your home?
Elizabeth: It was spoken about. I don't know what you're …
Viti: Did the defendant ever describe that evening to you how he took you?
Viti: During that description of that evening and how he took you did he ever tell you he did not use a weapon?
Viti: He told you he did not use a weapon?
Viti: Did he ever tell you your parents thought you were all right during the nine months?
Viti: Did he ever tell you your parents invited him into your home to take you and to be with you?
Elizabeth: He didn't use that exact language but yes.
Viti: Miss Smart did the defendant ever tell you why he wasn't wearing any robes when he first met your mom in fall or 2001?
Viti: What did he tell you?
Elizabeth: He said that he felt directed by the Lord to dress in normal street clothing so that he could find a young girl to kidnap.
Viti: Did he ever tell you his rationale for wearing street clothes at that time, Sept. 11, 2001?
Viti: What was that?
Elizabeth: He said that there were too many people that became immediately prejudice against him in thinking he was Muslim or a terrorist and he said that it got to be so much that he felt directed to stop wearing the robes for a time.
Viti: Miss Smart, did the defendant during the nine months you described, did he use any blessings directed toward you or with you?
Viti: What types of blessings were they? Do you recall?
Elizabeth: It was always if he wanted me to do something he always tried to tell me that he felt that God had something to tell me.
Viti: When you saw it was when he wanted you to do something, what types of things would those be?
Elizabeth: To clean up around the camp, to be there sexually for him when he wanted me, to tell me that I was chosen and foreordained to be his wife before I ever came to earth and, um, at the beginning he said that it was OK to have a time of mourning but that that time had stopped and that I needed to stop crying.
Viti: When he provided or gave you these blessings what would he physically do?
Elizabeth: He would lay his hands on my head.
Viti: Miss Smart, did the words and the actions of the blessings the defendant would give to either you or Ms. Barzee, did they sound familiar to you? Were you familiar with them?
Viti: Did you prior to June 5, 2002, ever experience blessings?
Elizabeth: Yes, but not like that.
Viti: And that was part of your religious beliefs and upbringings within the LDS Church?
Viti: When you say not like that, what was different?
Elizabeth: Well, the blessings I had always received had been blessings of comfort. They were just of comfort and reassurance that I have my choices and that I can make the right choice compared to the blessing the defendant tried to give me. He told me what to do. He told me what was expected of me. He never said I had my agency to choose it was all very dictative.
Viti: Are blessings something that are very important, these types of blessings that you had received prior to June 5, 2002? Are they very important in spiritual life for yourself?
Viti: And any blessings you may have received prior to June 5, 2002, they didn't involve cleaning up the house or your room or anything like that, did they?
Viti: Or involve sex?
Viti: Did you ever, when the defendant provided theses blessings, did you ever believe them in anyway?
Viti: When you observed the defendant provide Wanda with blessings, from your observation, did you think that Wanda believed them?
Viti: Miss Smart, let's talk about, I'd like to direct your attention on some things the defendant did during the nine months to avoid the detection … Was there anything else besides what you already told us what steps he took to avoid detection?
Elizabeth: Um … He had cut off all relations with his family or past friends that I knew of or I never saw him communicate with anyone.
Viti: Did he ever direct while here in Utah, let's focus your attention on you times in Utah, certain routes or paths you would take from the upper camp?
Viti: What did he say?
Elizabeth: He said we didn't want to take a beaten path to the camp so we would take different ways down the mountainside.
Viti: I would like to focus or direct your attention to some conversations he had with you about ever being caught or discovered. Did you in fact have those conversations with him about getting caught?
Viti: And did he talk about the consequences of that?
Elizabeth: Yes. He said that he had friends that would come after me and my family if he couldn't. He said that if he were out, he would or if he was free he would come after me.
Viti: Did he ever speak about what would happen to him if he got caught?
Elizabeth: Yes. He said that there were several things. He said he knew he would go to prison for what he had done, but that he also said that so would myself and the other wives that he was going to kidnap. He said we would come and testify in his behalf and that we would plead on his behalf. And he said that he would be released and that he would be killed and lying dead in street for three days and then he would be resurrected and he would go on to fight the Antichrist.
Viti: I would like to turn your attention to what you observed when he related to other people that you had come into contact with during those nine months, especially people who he may have wanted something from. How he would he relate to such people?
Elizabeth: He was very charismatic, and he tried to give the feeling, create the attitude of sincerity and honesty and that he really did need whatever he was asking for.
Viti: And during times you observed him engage in such behavior, did you believe he was being sincere at those times?
Viti: At any of these times when he engaged in behavior with others during those nine months beside you and Ms. Barzee, did he ever proclaim to anyone that he was a Davidic king?
Viti: Did he ever proclaim to anyone that he was one mighty and strong?
Viti: A prophet?
Viti: Did he discuss polygamy with anyone during the nine months you heard him in those discussions?
Viti: Would he tell them to repent?
Viti: Would you ever observe him with other people shutting his eyes, folding his hands and singing religious hymns?
Elizabeth: Not that I can recall.
Viti: Did the defendant ever discuss your family with you?
Viti: In these discussions with your family, did he ever discuss how bad they might feel that you were away from them?
Viti: What did he say?
Elizabeth: He said that I was the apple of their eye and that they were heartbroken that I wasn't there, but that they would be comforted and reassured that I was in good hands.
Viti: In your discussions with him about your family, did he ever seem concerned over their heartbreak?
Viti: Did he ever tell you he felt sorry for them?
Viti: Can you describe what de was like when he was intoxicated on alcohol?
Elizabeth: Well, I think his behavior was similar to when he was sober only it would intensify a bit. He was crude and vulgar and self-serving. He was his No. 1 priority for sex, drugs and alcohol, but he used religion in all those aspects to justify everything.
Viti: What was he like when he smoked marijuana? Was he any different?
Elizabeth: He didn't speak quite as much but he still spoke. His priorities were still the same.
Viti: When the defendant was alone with you and Ms. Barzee, let's get into the topic of speaking. Did he speak a lot?
Viti: How much did he talk?
Viti: What was topic of those conversations for the most part?
Viti: Would he talk about religion and his religious role during the conversations?
Viti: Was he able to articulate his views or his role clearly to you when he spoke?
Viti: What did the defendant mean throughout your nines months of observation when he used word ministering?
Viti: In the nine months that you were with the defendant, did you ever see him help poor people?
Viti: Did you over see him help anyone?
Elizabeth: Other than himself, no.
Viti: Did you ever see him in any way provide service to others?
Viti: Did you ever see him give money to anyone?
Elizabeth: Definitely not.
Viti: I will ask you to look at government exhibit 38. Once again, do you recall who sponsored this event?
Elizabeth: The Salvation Army.
Viti: During that meal did the defendant ever get up from his chair, stop eating and see anybody at that hall?
Viti: Did he ever comfort anybody in that hall?
Viti: During that meal what was his primary focus?
Viti: Did he tell you how much money he would make panhandling or as he called it ministering? How much money would he say he made?
Elizabeth: It was usually between 20 and 30 dollars a day.
Viti: Did he tell you, was he proud of that fact?
Viti: Did the defendant, during your conversations with him, ever brag about fooling people?
Viti: Besides what you have already told us, do you recall any other incident where he would brag about fooling someone?
Elizabeth: I feel like we've covered all the instances that immediately pop into my head at this moment.
Viti: Let's talk about his use of names that he used during the nine months you were able observe the defendant. Did he use different names?
Viti: Did he ever speak about other false name he had use during when you spoke to him?
Viti: Did he ever use the name David Shirlson?
Viti: Did he tell you how came up with that name?
Elizabeth: Yes. He said David was his middle name and his father's name was Shirl and he was Shirl's son.
Viti: During that time you were able observe the defendant, did you experience him as being a planner, someone who planned things out?
Viti: Can you give us some examples?
Elizabeth: The moves from Utah to California. Then the journey back from California hitchhiking through different towns back to Utah. In his two other kidnap attempts I saw him plan things out. I saw him plan out how tents should be constructed where they should go. He planned a lot.
Viti: During your nine months of observing Ms. Barzee, would you say she very often lost control emotionally?
Viti: Did you ever observe the defendant do that?
Viti: Did he ever talk to you about the reasons, withdraw. Did he ever speak to you about why he was sexually abusing you?
Viti: During these discussions, did he ever mention where the prophets had young wives?
Elizabeth: He may have but I don't recall for sure.
Viti: In these discussions that he would have with you, how would he justify his conduct in regard to sexual abuse?
Elizabeth: That I was his wife and that's what man and wife do.
Viti: Would he talk about religion in these discussions?
Elizabeth: Yes that would come in.
Viti: Did he ever speak to you about psychology and hypnosis?
Viti: Let's talk about those, starting with psychology first.
Elizabeth: Psychology, he said it had interested him, that he studied it a bit. I don't remember much that he said on the topic, but I remember him being very proud of his knowledge.
Viti: What about hypnosis?
Elizabeth: Hypnosis. I just sort of vaguely remember him saying something about it. I don't remember what he said though.
Viti: You did mention the word knowledge. Did the defendant seem like a knowledgeable person or a well read person?
Elizabeth: Well, any topic that was ever brought up he had to be the authority on, so yes he did seem quite knowledgeable.
Viti: Did he talk about some of the books he read?
Viti: Did you recall what books he would speak to you about?
Elizabeth: I remember him mainly talking about in his book that he wrote, the book on Immanuel David Isaiah. He mentioned seven other books so he would talk about those other books a lot.
Viti: Did the defendant talk about, during your conversations with him, living off other people?
Viti: Who did he say he lived off?
Elizabeth: He said they had lived off of his mother and … had stayed with his father before they had stayed with Ms. Barzee's mother. He also talked about living off of, it was one of his previous employers. I believe his name was Dr. West.
Viti: And when you say "they," who do you mean when you say "they" lived with?
Elizabeth: The defendant and his wife.
Viti: Turning your attention to Dr. West, what did the defendant say about Dr. West?
Elizabeth: He said that Dr. West had created or had studied and came up with a natural cure-all. The natural way of curing any ailment and, um, he spoke about that quite a bit. He called it lymphology he also said that Dr. West and his wife, it was their sort of motto or way of life that if anyone ever asked to stay with them or needed something to eat, that they would never turn them away, they would never turn people away.
Viti: Did lymphology, from what the defendant told you, did it include any dietary restrictions or special diet?
Elizabeth: Um, I remember that there was a special diet that he would always talk about. I can't remember exactly if it was from Dr. West, but I believe that they were connected.
Viti: Let's talk about the special diet the defendant spoke of. Was he a proponent of that diet?
Viti: What was the diet that he spoke of?
Elizabeth: He said that fruit was the most pure form of food and that's what everybody should be living off of, but that right below fruit, vegetables were very, the next sort of level of pure food.
Elizabeth: Where was alcohol in this diet?
Viti: He said that was poisonous so it wasn't in the diet.
Elizabeth: Did he ever brag about, during your discussion of the Wests, taking advantage of the Wests' feelings or about never turning people away?
Viti: What did he say?
Elizabeth: He said that there came a time that he knew that the Wests wanted himself and his wife to leave, but that they couldn't because they used this as their way of living their life motto, that he knew that he wouldn't get turned away so he continued to live with them.
Viti: Did he tell you why the Wests wanted him out?
Elizabeth: Yes he gave several reasons as to why.
Viti: What were they?
Elizabeth: They included they had changed their names, they were building a sort of handcart or hand wagon or, um, some type of handheld vehicle while they were there and they were just living off the Wests and, um, taking advantage of them without helping them or trying to pay them or trying to lighten the Wests' burden of always taking care of and supporting the defendant and his wife. He also said that their relationship had, um, changed it had become, it wasn't friendly, there was, the feelings had turned bad. There weren't good feelings anymore between them.
Viti: Getting back to lymphology, what did he tell you, the defendant, that the practice of lymphology involved?
Elizabeth: He said that lymphology was everything as connected to touching. It was all a physical method. He said that it included rubbing someone's arm if they hurt their arm or it included a lot of moving, like bouncing up and down. He said it included changing of temperatures, the word was hot expansion, cold contraction. He said deep breathing was essential in it and that's, let me see, what I could remember.
Viti: Do you remember during the nine months the defendant jumping up and down?
Elizabeth: Quite frequently.
Viti: When would he do it?
Elizabeth: There was never a set time. It was whenever he felt like it, it was, if not several times a day, it was close to daily.
Viti: You testified yesterday or the day before, I don't really recall, that the defendant spoke to you about his journeys throughout the United States. How did he journey through the United States?
Elizabeth: He spoke about several different ways, spoke about flying on an airplane, he spoke about a time that they had a fifth-wheel trailer and a truck that they journeyed throughout the United States. He spoke about bus travel and hitchhiking.
Viti: During the time that you hitchhiked from California to Utah, did you ever have to force the defendant into a car?
Viti: Did he ever seem frightened or afraid of vehicles?
Viti: During the time he talked about hitchhiking around the United States or across, did he ever tell you of (being) frightened?
Elizabeth: No. I remember talking to him about cars, asking him his favorite type. He said if he could choose, he would choose some kind of sports car.
Viti: During the nine months that you were able to observe the defendant, did he talk about his political views?
Viti: What were they?
Elizabeth: That the government was wicked, very wicked.
Viti: Did he talk about taxes?
Viti: What did he say?
Elizabeth: He said that in the beginning of this country's foundation, that there weren't lots of taxes. He said that there was a voluntary tax that was 1 or 2 percent. But now that the government was so corrupt, it was being financed by these big international world banks and that the banks controlled the government because their government owed them so much money.
Viti: Did he ever talk to you about his avoiding financial responsibilities or any debts he might have incurred?
Elizabeth: Yes. He spoke about when they had owed money on their trailer, their RV trailer thing. He said how they just had stopped paying, making payments on it, and how one day they just left it on somebody's property, just completely abandoned it and walked away from it without ever paying anything on it.
Viti: What about other financial responsibilities? Did he ever talk about child support?
Elizabeth: Yes. I don't remember details, but I recall him saying that he did not pay child support.
Viti: Did he talk to you about how he avoided consequences of his conduct?
Elizabeth: He said that he had taken the children and just disappeared.
Viti: Did he ever talk to you about excommunication?
Elizabeth: Yes. He said that the LDS Church had called him into a disciplinary council or hearing and that they had excommunicated him, but on the day that he was to be there to receive the excommunication, that he hadn't gone and that how could they excommunicate him if he wasn't there. And he just seemed so pleased with himself that he had outwitted being excommunicated.
Viti: When he was alone with yourself and Wanda, he would espouse particular religious views, I think you've testified?
Viti: And did they include him being prophet?
Viti: And him being "one mighty and strong?"
Viti: Davidic king?
Viti: The individual who was going to fight the Antichrist?
Viti: In your time that you had to observe him and his encounters with any other individuals, did he ever proclaim these beliefs or this faith in a situation that would lead to his detection?
Viti: Did you ever experience him putting this faith that he espoused before his own well-being?
Viti: Was there ever a time during the nine months that he ever talked to you about what you were feeling with respect to sexual abuse?
Viti: What did he say?
Elizabeth: He said that I would become accustomed and learn to love it.
Viti: Did he use particular words to you to describe your feelings?
Elizabeth: Can you restate the question?
Viti: Did he ever discuss or tell you that he knew you felt like a prostitute?
Viti: Could you explain that?
Elizabeth: Yes. He said that he understood and realized that I felt like a prostitute or concubine or second-class wife, but that that wasn't the case at all.
Viti: During the nine months that you described, did he ever display any concern for you in any way?
Elizabeth: Other than concern for us not being detected, me following what he said and getting his own way, no.
Viti: In the nine months that you saw him interact with other people, did you ever hear another person during those nine months say he needed medical intervention?
Elizabeth: Not that I can recall. I think one time there may have been a lady who yelled at him or yelled at all three of us that he needed to get help, but don't remember anything other than that.
Viti: During your nine months of observations of the defendant, did you have an opinion as to whether he was hypocritical?
Viti: And what was your opinion?
Elizabeth: That he was very hypocritical.
Viti: And what do you base that on?
Elizabeth: Well, nine months of living with him, and I heard him proclaim that he was God's servant and he was there to do God's work. And everything he did to me and my family was never anything that God would tell somebody to do. He would never continue to rape her and sexually abuse her and never giving her her free agency to choose. … I know that God loves each of his children and that we have our free agency and that is why we are here, it is for us to choose.
Viti: When he was with you and Ms. Barzee, would he use an archaic form of English?
Elizabeth: There came a time when archaic language was used.
Viti: Did you ever use that language? Was it used with anyone else but you and Ms. Barzee?
Viti: During the nine months you were with him Miss Smart, and he held you and you observed him, what was his primary preoccupation, his primary concern?
Elizabeth: Getting what he wanted.
Viti: What did that include?
Elizabeth: Sex and alcohol.
Viti: Miss Smart, was there ever a time that you sent the message of help?
Viti: Could you describe that.
Elizabeth: Yes. It was on one of the excursions into Salt Lake City. I said that I had to go to the bathroom, so Ms. Barzee took me to the bathroom at the Hard Rock Café where I tried to scratch "help" into the bathroom stall.
Viti: And did you do that?
Judge Kimball: Thank you Mr. Viti. Mr. (Robert) Steele, you may cross examine?
Steele: When he talked to you about your parents inviting him in, you told Mr. Viti that wasn't the exact language. Do you remember his exact language?
Elizabeth: I couldn't repeat it word for word for you.
Steele: Was it substantially different than what Mr. Viti had said?
Elizabeth: It was different, but it wasn't a lot different
Steele Oh, OK. When you were talking to Mr. Viti about him never proclaiming to anyone else his station and the thing he said he was personally, did he ever talk about these people aren't yet ready to receive my testimony?
Steele: Did he, wasn't there one time when he did get in a loud religious argument when you were with him and yell repent at the party?
Elizabeth: Yes. Thank you for refreshing my memory. I do believe he did that.
Steele: That was the one time he did get into such an argument?
Elizabeth: The only one that I can recall.
Steele: Did he tell you, he told you he used the name David Shirlson and Wanda used Shirlson also?
Steele: Did he tell you when they were using those names?
Elizabeth: It was before I was ever with them. He did tell me. I believe he said it was while they were traveling around the countryside, around the country, but it's a little foggy. It's been a long time.
Steele: I understand. You actually have a very good memory. You told Mr. Viti, Wanda would lose control emotionally, but he never did except perhaps at the party. Did you ever see him lose consciousness?
Steele: Could you describe that?
Elizabeth: Yes. We were in California at the time he was in the middle of raping me and he experienced a seizure.
Steele: That as the only time you saw anything like that?
Steele: It sounds like he talked about a lot of his life with you, both good things and bad things.
Steele: What did he think about the LDS Church?
Elizabeth: He said that the LDS Church was the true church but that they were also the most wicked church because they had the most truth and knowledge and that they went against it and that from the time of the death of President Benson, that it had been led astray but that it still was God's church.
Steele: Then you said he said he had a special position in restoring the church?
Elizabeth: I don't know if I would use the word restoring but, um, in guiding them back to the correct path.
Steele When he was excommunicated or when he was talking to you about being excommunicated, did he tell you he had excommunicated the church or he had severed the tie?
Elizabeth: I believe he severed the tie, but I do not recall him saying he excommunicated the church.
Steele: The seven books, he called them the seven diamonds plus one. Do you remember what those books were?
Elizabeth: The Bible, the Book of Mormon, the Doctrine and Covenants, the "Final Quest" by Rick Joyner, the "Literal Meaning of Isaiah" by, I believe, the last name is Giliati, Abram Giliati, "Touched by the Light" by Betty Eady, I think that's her name, and I think there was book called the "Golden Seven." It was a health book that I don't remember who it was by. Then the plus one was the book that he had written the Book of Immanuel David Isaiah.
Steele: In talking about lymphology and Dr. West, didn't he become a salesman, telephone solicitor-type person for Dr. West?
Elizabeth: He never said telephone solicitor but he did say he was a salesman for Dr. West.
Steele: Did he say he was the best salesman?
Steele: Did he say Dr. West was going to turn the business over to him?
Elizabeth: I don't recall him ever saying anything to that effect. But I remember him saying that, um, that Dr. West had been told that he wouldn't die until he saw this method of natural health go into the world, until more people knew about it.
Steele: You talked about much earlier in you testimony when mentioning lymphology pharmaceutical company conspiracy and I'm assuming that means they didn't want to lose the business to this non-pharmaceutical type of healing … if lymphology were true. Is that a fair statement?
Steele: Did he ever talk about doctors in the same way trying to suppress lymphology?
Steele: Once again, earlier you said that he was a restless sleeper and that was part of why you might not get away from him. What do you mean by restless sleeper?
Elizabeth: I actually have you to thank for that. I had forgotten, but last November at the competency hearing you asked me if he got up frequently in the night and I replied that I couldn't' remember, and it had been years since then. But after you asked me that question, I thought about it more, and after I was off the stand and after time had passed, I remembered he did get up quite a few times during the night and go to the bathroom and deep breathe and bounce or any one of those healing methods.
Steele: When he bounced and when you were aware of him bouncing during the day, let's say, how long did that go on?
Elizabeth: Not very long, a short period of time, maybe a couple minutes at most, maybe less.
Steele: Sometimes he'd grab a tree branch over his head and hold himself while bouncing on one leg?
Steele: Your honor, if I might have just a moment, most of what I prepared last night has already been testified to. … One of the, when you talked about your cousin Olivia, she was one of the, she was the next wife in his mind when he went out to get her on the night of July 23, isn't that a fair statement of what he said?
Steele: When he came back and talked about July 24 he said a couple of things. Isn't one of them that he knew there would be a really big reaction because it was a holiday, and that's what he wanted?
Elizabeth: I could be wrong but I feel like, and I feel like I remember that he said that because it was a holiday that it would, yes, like a kidnapping would be a big deal but it would be not as quick to respond, or I could be wrong, I just don't remember.
Steele: Right, and that's one of the things you testified to, if a couple days after he was arrested and you were freed, you had a lengthy interview with Dr. Dietz and you remember that, I'm guessing it went several days, is that true?
Steele: If you said something to Dr. Dietz immediately afterwards about something he said, it's probably accurate, is that a fair thing to say?
Steele: And if you told Dr. Dietz that he said he was hoping for a big reaction because of the holiday, then that is likely to be one of the things he told you?
Steele: It's been a long time, but that makes sense. The other kidnapping attempt at the Kemps' house, is that when he came back and said, let's see, we're not prepared to receive another wife, is that, I think that's what you testified to yesterday.
Steele: Did he ever say anything like, I have to do all I can but if the Lord doesn't open the way it's not something I need to do?
Steele: And that the purpose must have been that it was a test of my faith?
Steele: Did he seem relieved after either of the failed attempts?
Elizabeth: I believe there was an element of relief, but I also believe there was an element of, he wasn't, an element of discouragement.
Steele: The story about his arrest and the break-in, you testified yesterday, I believe, that you had a vague memory but couldn't quite recall how he became separated from his clothing during that, that he didn't have his robes on when he was arrested. Do you remember saying that yesterday?
Steele: When you say you have a vague recollection, at some point you knew the story, and it's been too long and you don't recall it?
Steele: Do you remember telling Dr. Dietz that, something about him trying to get in the church and throwing clothing in a window, then accidentally shutting the window, then you testified that he threw a brick through a window, another window, and crawled in, does that ring a bell?
Elizabeth: It sounds familiar, but I could not promise you that that's what I remember.
Steele: You don't need to make any promise to me. You spent some time during the day singing generally, is that a fair thing to say?
Steele: And what did he have you sing?
Elizabeth: He had his wife, Ms. Barzee, compile a book of hymns from different religions. The majority, however, were taken from the LDS hymn book and he would just have us sing or whatever he wanted.
Steele: You testified that on that first night he prayed for a lengthy period of time. Did that happen other times that he prayed for a lengthy period of time?
Steele: What he said, was it familiar to you or was it perhaps like the blessings, familiar but different?
Elizabeth: I would say a little bit of both.
Steele: How was it different, if you have any specific memory of that?
Elizabeth: Well, I had never prayed for 45 minutes before in my life. That was different, and the things that he would say in his prayers were things that I would have never ever have said in my prayers.
Steele: Just an example or two.
Elizabeth: Well, I remember him in his prayer saying, "hallowed be thy name, thy kingdom come, thy will be done on earth as it is in heaven." I wouldn't put it like that, I would not include that in my prayer, I wouldn't say it like that. Other things that he'd pray about, he would, when he would pray it wasn't, it was more like he was telling me or telling Wanda what we should do, like he would say please bless me that I would be able to cope with my wifely duties and that I would be able to rise to the occasion and fulfill those wifely duties. That is about the farthest thing from my prayers.
Steele: Oddly praying not that he fulfill something but that those around him fulfill something for him, that's a pretty odd prayer.
Steele: When you were preparing to return to Salt Lake from San Diego, were there a number of destinations that were talked about or was Salt Lake always the one that he intended after you had talked to him?
Elizabeth: If I understand you correctly…
Steele: That was complicated, maybe I should just back up. Did you spend time in a library in the San Diego area looking at maps much like you did here?
Elizabeth: I don't remember that happening. It could have, but it wasn't to think about going to somewhere else, Salt Lake was always the final destination after I said that. He, as I said earlier in my testimony, he didn't just stand on the side of the road with a sign that said Salt Lake, there were smaller destinations in between San Diego and Utah.
Steele: When you had that conversation with him about, you thought you'd had direction from God, but you weren't sure and wanted him to pray on it, he was with your idea of coming back to Salt Lake and that was it for him?
Elizabeth: Once we received confirmation that that was where we needed to go, yes.
Steele: Did he, he really trusted you at that point, it didn't seem like he took you advice or anything you said to heart before that time?
Elizabeth: Um, no, he didn't.
Steele: Did his returning here was that caught up in his mind at all with martyrdom. Did he think he was going to get caught?
Elizabeth: Um, 10 or 15 years down the road he thought he would.
Steele: So not at this time?
Steele: On that first night he's taking you up the canyon and you talked about a conversation that you had that he realized what he was doing, that he understood the consequences. Do you remember that conversation?
Steele: Were those the words he used or was that the truth of what he was saying? That was poorly said. Once again. Wasn't his response something more like, yes I know this is dangerous in response to you saying your going to get caught and get put in prison. I know this is dangerous but the Lord is with me? Was that part of the conversation?
Elizabeth: He did say that at one point in time. I recall him saying he understood what would happen if he got caught.
Steele: He understood it was against the law, and…
Elizabeth: Yes, he was very clear.
Steele: That first moment in your bedroom, you describe feeling something, it was the knife, cold, sharp, him saying "don't make a sound, come with me." It's a clear, clear threat to you if you don't?
Steele: And it doesn't necessarily matter what he says next, it's a threat to kill you?
Elizabeth: I have no other idea how else to interpret it with a knife at my neck.
Steele: Is it possible that time, not the other times, that he said I don't want to have to hurt you and your family, still threatened, still threatened to kill. Is it possible those were his words?
Steele: You heard him say the other — I will kill you — other times?
Steele: That's all I have your honor.
Judge Kimball : Thank you, Mr. Steele. Mr. Viti, redirect.
Viti: Miss Smart, the one time you recall the defendant getting into a argument yelling repent and getting into an argument, you were at the party?
Viti: That was at the party that had the alcohol and the absinthe?
Viti: Was that before, was that argument before or after the defendant drank that Solo cup of absinthe?
Elizabeth: It was, he had drank quite a bit of it, if not all of it by that point. He may have still had a small amount left in the cup.
Viti: And he had drank other alcohol before he drank the absinthe at that party, is that correct?
Viti: Was he drinking earlier in the day?
Viti: And he had told you the absinthe was a hallucinogen?
Viti: When you were discussing with the defendant coming back to Salt Lake City when you were in California, before he had decided or before he told you that you were going to come back to Salt Lake City, had you also suggested to him the LDS girls camps where he could kidnap other young girls?
Viti: No further questions.
After Smart finished her testimony, Deseret News employee Heidi Perry was called as the next prosecution witness.
In the summer of 2002, after Smart was kidnapped, Perry testified that she encountered Mitchell in the lobby of the old Deseret News building, 30 E. 100 South.
Perry had just put up a large poster with a picture of Smart on it in the front window. At the top of the poster in bold letters was the word, "Kidnapped," with a description of the missing 14-year-old girl near the bottom.
Mitchell, dressed in his robes, was attempting to tear down the picture when she confronted him.
"I was upset. I said, 'You can't take that poster down,' " Perry testified. "He told me she'd been found and the poster didn't need to be up."
When Perry told him that Smart was still missing, Mitchell told her that he had read in the newspaper that she was found.
Prosecutors pointed out to the jury that at no point did Mitchell identify Smart as his wife or that he was following God's commands.
"He seemed calm, and he knew what he was doing," Perry said.
Perry ran past Mitchell up the circular staircase of the Deseret News building to get help. When she returned, the poster — and Mitchell — were gone.44 comments on this story
The U.S. government submitted a list of 22 possible witnesses prior to the trial. Some of the others on list who have not testified yet include one of the Sandy police officers who discovered Smart, and a FBI agent who was among the first to extensively interview Mitchell after his arrest.
Contributing: Pat Reavy