Elizabeth Smart to confront her kidnapper for first time since her rescue
Former judge predicts 'very heavy sentence' for Mitchell
Once he has a floor and a ceiling, the judge can either give Mitchell a sentence that falls within that range, or he can go above or below that range if he determines there is good reason, Cassell said.
A basic conviction of kidnapping in federal court for a person with no prior convictions who did not harm their victim is a 10-year minimum sentence, he said.
Attorneys for both sides of the Mitchell case are expected to argue about a number of possible aggravating factors. Those include whether Smart suffered "extreme" psychological harm, whether Mitchell was the mastermind of the crime or whether he worked hand in hand with Barzee, and whether Mitchell preyed on a vulnerable victim.
Cassell's prediction is that Mitchell "will probably receive a very, very heavy sentence on Wednesday."
Mitchell's attorneys, however, are expected to ask Kimball to send their client to a federal mental health facility.
One question that has been on the minds of many is how Mitchell will react in the courtroom when confronted by Smart. Cassell said traditionally, it is highly unusual for a defendant to act inappropriately during his or her sentencing.
"Usually defendants are on their best behavior during sentencing because they're trying to get the best possible sentence," he said.
But in Mitchell's case, he has sung hymns or disrupted the proceedings for every court appearance — even when jurors delivered their guilty verdict — for the past seven years.
Kimball's office declined to comment about what actions might be taken Wednesday if Mitchell again tries to disrupt Smart when she addresses the court.
E-mail: preavy@desnews.com. Twitter: DNewsCrimeTeam
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I hope the best for this fine young Lady, she needs to have her say and move on so she can find the rest of her Journey in this life. I hope after this for her sake the news media and others let her take that Journey in peace.....
God More..
Good luck and after this week may your only publicity be the charity you've founded. Go and continue to have a terrific life, keep smiling and enjoy life, and all it stages; we only get to do life once.
She won't get to confront him - he'll starting singing and be taken out of court.
But how about this?
"It wasn't until a man she had once dated whom she clearly told it wasn't going to work out between them made an More..