Jury has spoken: Brian David Mitchell guilty of kidnapping Elizabeth Smart

Published: Saturday, Dec. 11 2010 12:01 a.m. MST

Courtroom sketch depicts Elizabeth Smart, center, reacting just as the verdict was read in the Brian David Mitchell trial. At left is a friend, at right is Lois Smart.

Scott Snow

SALT LAKE CITY — More than 81/2 years had passed after she was abducted from her bedroom at knifepoint, held hostage and raped for nine months. Through many of those years, she waited as her case became tied up in the legal system.

But Friday, a beaming Elizabeth Smart could finally claim that justice had been served.

"Today is a wonderful day!" Smart proclaimed. "I am so thrilled with the verdict."

After five hours of deliberation Thursday night and Friday morning, a jury found Brian David Mitchell guilty of kidnapping and taking Smart across state lines for the purpose of illegal sexual activity.

An elated Smart stood outside the federal courthouse in downtown Salt Lake City Friday, and despite the rain and hail falling around, beamed a bright smile and spoke with excitement in her voice.

Smart said she wasn't only happy for herself and her family, but for what her verdict could mean to other victims of crime.

"I am so thrilled to stand before the people of America today and give hope to other victims who have not spoken out about what has happened to them," she said while surrounded by her parents, siblings and other family members. "I hope that not only was this an example that justice can be served in America, but that it is possible to move on after something terrible has happened. We can speak out and we will be heard."

After 18 days of testimony, the seven-man five-woman jury announced its verdict at 11:06 a.m. A large smile came across Smart's face when the court clerk read the word "guilty" on the first count and she remained smiling for the rest of the hearing.

Several people teared up in the standing-room-only courtroom. Even some of the jurors admitted afterward that they had tears in their eyes.

Before reading the verdict, U.S. District Judge Dale Kimball said it had been a difficult case with "gritty and graphic" testimony, but thanked jurors for their service, saying the process couldn't work without them.

All 12 of the jurors and one of the alternates met with members of the media following the verdict. They said it was not an easy decision for them. But ultimately, based on how the law for the insanity defense is written, they unanimously believed Mitchell knew the difference between right and wrong and knew that kidnapping Smart was wrong.

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