They also argue that Smart wasn't that psychologically damaged
Ms. Molli, Good defense should not extend to attacking the character of
victims. There are far too many sleazy lawyers involved in defending rapists
and it is high time someone speak out against such use of unethical tactics to
mitigate the crime of rape and marginalize its victims.
Basically Steele is arguing that since Miss Smart managed to overcome the
suffering inflicted on her by Mitchell he should be punished less severly. The
results do not determine how severe something was, the testimony clearly showed
the evils inflicted on Miss Smart were severe and the claim that Mitchell should
be treated lightly because his best efforts failed to permanently break Miss
Smart strikes me as an inherently sleazy argument.
It amazes me to what ends lawyers will go to get their client a reduce sentence.
I would like to know what gives them right to say this young lady hasn't suffer.
A man that would kidnap a 14 year old and rapes her more time than can be
counted should get life in prison, without parole reguardless where his time is
The defense lawyers want more job security.
Brian David Mitchell has done just fine in the Salt Lake County jail both during
and after his trial while awaiting sentencing. He should do just fine in a high
security federal prison. For cleanliness and security reasons they should be
required to shave that beard.
Mitchell is not insane, he is an abuser.The role of a defense lawyer
with an unpopular defendant is difficult indeed. He has fairly limited
resources with which to work, and he is pitted against all of the might and
power of the state. His duty is to give his client the best possible defense
and if saying unpopular things is necessary so be it.He must not
subborn perjury or deliberately mislead the court but otherwise he must do his
darndest.If the very worst of us cannot get a good defence then the
very best of us are in trouble.
Ms Molli: "Had the author of this article provided just a little
background information and explained the significance of "extreme
psychological injury" I think the readers of this article would have had a
much better understanding of why the defense is doing this."The
problem is, Ms Molli, the psychological injury could and probably will come
years later. The young mind is very resilient. It is impossible to stop
reflecting back on the horrendous incident in years to come, especially when the
victim will desire marriage and then children via the very process that was her
daily nightmare using force.
It has taken years for us to SEE the effects of molestation on our child. It
has touched every person she knows in psychological ways. Every emotion from
hate to vengeance. resentment. Our child has a hard time knowing what's
"normal" and what is part of growing-up. It was so pervasive and
disruptive to our "natural progression" as a family. It has taken
hours and hours and hours of counseling and ultimately Divine intervention to
get on an even keel and to be healed. It will take a very special man to be the
husband of such a girl. Until you experience it, you really cannot know.
@On the other hand: "Remember that the constitution grants Mr. Mitchell
the right to a fair trial, and if his lawyers didn't pursue every possible
avenue on his behalf..."Yes, but these lawyers have moved into
the realm of the bizarre with their assertion.
I suppose osama was just temporarily insane when he planned, funded, trained
terroists to hijack the airplanes. With this defense osama should have just gone
to a mental institution. Since most Americans got on with their lives and didn't
go insane.I wonder if the defense would use this same argument if it
was his daughter that was kidnapped by mitchell and used as a "wife".
Defense counsel's assertions that Miss Smart hasn't "suffered" and
that the predator that kidnapped,attacked and held her hostage, needs a mental
hospital instead of prison is incredulous. Of course, these guys would be right
at home defending the torturing and murder of the Jews, Gypsies and other
"undesirables" and atrocities of the Nazis. It appears that BDM's
defense counsel seems to think the Nazis weren't "so bad after all"
either, by their "analogy" of Miss Smart in this case. Reprehensible
What should happen to mitchell, I'm sure the deseret news wouldn't allow me to
type it. So I'll leave that up to your imagination.The man is guilty
of a horrific crime. So does Elizabeth need to go crazy for the rest of her
life, go into a shell, and never live another day to justify punishing
mitchell?mitchell needs to go to prison and get the special
treatment that is given to people who harm little children.I'm glad
Elizabeth is moving on with her life. She said that she won't give him another
day. But, I'm sure there are times when she has to relive it in her mind and is
always sickened by what happened.It's time that victims have rights.
We're too worried about those being tried that the victim is forgotten. Not
this time. mitchell needs to go to prison. Drop this insane defense and get him
sentenced! The attorney just proves how insane they both are with this type of
I would make that a contingency, that he only goes, if his attorneys go with
them, cause they are also crazy to think that Elizabeth was not affected by the
being kidnapped and raped is as serious it can get Mitchell took her
innocents away!!mitchell should get -help- and serve some time away
This is the MAIN reason why people hate attorneys. How ridiculus.
220zn? You claim to be an expert witness but apparently have no idea about the
federal sentencing guidelines. Oh brother ....
I wonder what color is the sky that are on these defense attorneys planet? The
way they handled their jobs from the start they should be in prison with the
defendant! I've dealt with this kind of situation like a couple of other posts
have stated and nobody comes out of it unscathed.The better the support she gets
the easier it is to cope.But no way she wasn't affected by this. Just look at
the case the girl that was held for 19 year and brutally raped producing 2 kids
out in California.
Ms Molli:The prosecution is basing their position on mountains of
respected research that all bolster their postion. The defense's postion is NOT
supported by the vast majority of licensed mental health professionals. If the
defense attorney who is actually a lay person in this situation wants to say
what is or is not psychologically damaging to children and his or her position
is not supported by vast numbers of licenced accredited professionals and
volumes of peer reviewed studies, they desreve to be ridiculed and mocked. Once again after sitting through a number of child sex abuse cases
testifying as an expert witness, I can tell you that defense attorneys
regularlly try to practice psychology without a license and that they will do
and say anything regardless of whether it is true or based in any sense of
reality.The defense attorneys are lying in this case and in a years
time heaven forbid if one of their daughers was subjected to what Ms Smart went
through, they would change their position on the issue rather abruptly. What specific chapter and section of the Federal Guidelines are you
basing your claims upon?
Just lock up the bottom feeder and throw away the key and forget about him! The
Supreme Judge knows how to deal with him better than any one on Earth can even
Even if the trauma suffered by Elizabeth herself were not enough to merit a life
sentence for Mitchell, which I believe it is, and then some, the trauma suffered
by Elizabeth's little sister and the rest of the family for many months of not
knowing what had become of her is, in itself, enough to merit a life sentence.
Heh, I meant to type "like" instead of "lie" in my last post
though it's an amusing error.
No one knows how much damage is done! When I was 14, a 12 year old girl in our
town in Canada was kidnapped and imprisoned for 6 months. The perp was also
abusing my friend who was his step daughter. She told me about it several months
before the missing girl was rescued. My mother forbade me to report it. It was
30+ years, before I started having psychological symptoms! The triggers came as
I gained knowledge. Then three years ago I found a terrified 5 year old former
Primary student, in a parking lot and prayerfully took his hand, and returned
him to loving arms. I was, by that time, praying about feelings of guilt for not
reporting my school friend's disclosure, to the police. I no longer feel guilt
because I was a child obeying her mother, but I'm still affected when I see that
dear little boy at church. I rescued him, but I didn't rescue my friend or the
12 year old her step father kidnapped.
To uphold the law of the nation attorneys have to give their best efforts
whether they lie it or not. That's why there were lawyers for suspected
terrorists. Someone has to do the unpleasant job of representing them in court.
That's part of what makes America America.
Sister Smart's like of psychological damage is a sign of her own personal
interstrenth, not Mitchel's harming her.
Can we write a letter to the judge to let him know what the people think about
this? I mean, after all, the case title is "the people of USA vs BDM",
right?I think the judge needs to hear what the people think about
this matter and what we think this BDM deserves as a sentence.
I'm not a lawyer so I am confused about the profession. Is the defenses
responsibility to see that the defendant gets a fair trial or are they to use
any underhanded, mean, cruel, deceptive means possible to see that the guilty go
I say, let's give Mitchell 9 months rotating between the cells of 3 very lonely
lifers at the state pen...and if he comes out of that without any mental issues
beyond what is normally expected, then, and only then, consider Elizabeth's
strength in sentencing.
President Abraham Lincoln wasn't that killed.
and attorneys wonder why they are held in such contempt by the population at
Is that how we are to judge people for their crimes now? If someone commits a
crime against you and you don't go looney over it; it's somehow, no longer a
99% of the lawyers give the other 1% a bad name.
In other words, since Elizabeth, through incredible fortitude, willpower,
perseverance, and divine intervention was able to overcome the abuse, numb-nuts
Mitchell should get a pass of some sort. And lawyers wonder why there are so
many jokes about them.
Its seems true that Smart didn't suffer "Extreme psychological injury"
since she's been able to serve a full time mission, testified well, even have a
normal interview with Oprah!!! However it just seems wrong that her
recovery and lack of 'extreme' injury should be used as a mitigating factor in
sentencing Mitchell. But then again the law is made by and run by 'lawyers' so
it shouldn't surprise anyone when this happens.
Simply outrageous! So she is a tough gal who had lots of family support to
recover when she was rescued. Does that make the crime of kidnapping and rape
I believe this is a sign of things to come inthis nation.we are talking about a
high profile case here. This will not go away quietly.But,if she was saved
by the grace of our heavenly father, or phsyc issues, its just because she comes
from what seem to be good stock. Conclusion. Others wouldnt of faired as well
under the same situation.
What happened to Elizabeth Smart has haunted a whole community. This story
scares my daughters so badly. Because of this, they can't sleep at night with
the windows unlocked. Elizabeth Smart is a REMARKABLE woman. She should not be
punished for what she has overcome and for being strong. Give me a break!
Response to 220zn -- if you were to do just about 5 minutes of research you will
find that the sentencing guidelines in federal court allow for a showing of
"extreme psychological injury" to the victim as a way to depart from
the sentencing guidelines and give a harsher sentence. Mitchell was convicted
in federal court. Obviously if you believe that the defense attorneys don't
have the authority, background or credentials to make such a judgment, then you
must also believe that the prosecuting attorneys also cannot make such a
judgment. Well the lawmakers obviously believe otherwise since the federal
statutes provide for this. Again, the defense is simply doing its job here.
Had the author of this article provided just a little background information and
explained the significance of "extreme psycholgical injury" I think
the readers of this article would have had a much better understanding of why
the defense is doing this.
Please, tell me it ain't so!!!And what, pray tell, does the lawyer
mean by "that" damaged by the horrific ordeal Elizabeth had to endure.
What an embarrassment to the legal profession and to this country's justice
system.There's not much else to do but shake my head in disgust.
Ms Molli:So long as attorneys make such unfounded claims, they
deserve every bit of critique, ridicule and condemnation that they get. Please
document all of the peer reviewed studies that support these defense attorneys
claims? Please show use where these defense attorneys based their claims upon
the findings of an objective panel of respected licsenced mental health
professionals. If an attorney makes a claim that flies in the face of countless
peer reviewed studies on this issue, they are practicing outside their liciense.
What part of the JD degree and licence to practice law gives an
attorney the legal,proper authority, academic training and credentials to claim
that this young woman was not psychologically damaged by being raped repeatedly
by Mitchell? If these defense attorneys really believed this tripe,
have them let us set their 11-14 yr old daughters up with Mr Mitchell for a few
dates/conjugal prison visits? After all what Mitchell wants to do to them will
not psychologically damage their daughers any more than it did Ms Smart. The defense attorneys do not have the authority,
background, academic credentials or license to say what was or was not
pscyhlogoclaly damaging to Ms Smart.
Im glad that Ms Smart has had the love and support of her family and friends. I
hope that BDM doesnt ever see the light of day. God bless her. She is a
In my opinion a life sentence is way too good for this animal, and why should
taxpayers continue to pay for the sustainment of life after paying all these
years for his defense? Just when is enough-enough? Defense attorneys should be
limited in capital cases when the proof is as certain as this case to very
limited time and cost. This family should be the ones that after the case has
been settled to determine his punishment. Rehab is not possible so whats the
sense for a life sentence. What a terrible judicial system we have today,
yesterday he would have been hung in the town square and the case closed. Do the
same with humans as we do with sick and deranged animals! End of story.
Like Ed Smart eluded to, these kinds of comments are common in our
"circus-like" legal system. (I added "circus-like".) So
the defense can say whatever they want, but the bottom line is that Elizabeth
found a way to survive, has a very caring and supportive (and inspiring) family,
turned to her religeon for healing, and has had the means to obtain the
psychological assistance she needed. She has overcome and defeated the cowardly
Brian David Mitchell.Unfortunately, a girl without the great support
system Elizabeth has had may not be able to overcome such crimes.
I wonder what these lawyers would think if it had been their own daughter...Kudos to Elizabeth for doing all that she has done. Who really knows
what this young woman has to live with. She will be a tremendous strength to all
those who suffer in similar ways.
"Typical in these kinds of cases" or not, this is ridiculous.You go, Elizabeth and the Smart family! Go on to have wonderful,
productive lives. Don't let him keep on hurting you.
I thought the attorneys were quoting the Smarts and the prosecutors? If all
they were doing is quoting the Smarts and the prosecutors, perhaps all this
vitriol is misdirected.When it comes right down to it, though,
everyone knows these crimes were horrible. Frankly, this sentencing hearing
jockeying is a nonstory.
From the postings on here it seems most of the posters suffered great
psychological trauma just reading about what took place to Ms.Smart and while
she has recovered well and is moving forward, many on here can't/won't let it
go. Many on here are playing their own "victim" card. With that said, there is a reason why we have the judicial system that we do
have. So that all possible stones can be overturned for the defense, no matter
how hideous the crime. If any of us were accused of a crime, wrongfully or
rightfully so, we would want to use any and all possible defenses to keep
ourselves out of prison (or in this case a life sentence).
To Dodge, Your assumption that victims don't mean much in my book is wrong.
What you are arguing about is the way the system works. If you don't like the
way the system works, then do something about it. Get on your high horse and
try to change it instead of sitting back complaining about it. In the meantime,
the attorneys on both sides need to work within the rules in place. Ms Smart's
attorneys will have an opportunity to argue what the defense counsel is saying
-- and I'm sure they will do a very good job of it. But as I said, let the
lawyers do their job to the best of their abilities and stop making such silly
attacks that some people don't care about victims simply because they want a
defendant to receive the best possible defense in order to fend off possible
appeals in the future.
Any attorney that could even make such a statement should be charged with
something. Absolutely unbelievable!Kidnapped in the dead of night,
raped daily, threatened to have her family murdered, forced to take drugs,
forced to drink, forced to live in horendous living conditions, etc.But I guess the fact that a prophet was inspired to pick a strong enough
victim that has been able to survive such atrocities means that all of those
crimes really were not that bad?
Criminal defense lawyers < Morons. This is one of the most
ridiculous things I have heard. I hope the judge is smart enough to laugh them
out of the courtroom. How can anyone ever take these lawyers serious again.
This is why most of us would never make good lawyers. I couldn't live with
myself if I had to do this day in and day out.P.S. Wanda Barzee was
not an equal party in the kidnapping, planning, execution of all of BDM's
dastardly deeds. BDM gave her all of those false revelations so she would play
along. She was/is a weak-minded puppet. BDM is responsible for what happened to
Ms. Smart. LIFE sentence.
How are we going to believe Mitchell's attorneys when that memory scars of
Elizabeth Smart still under repairing phases? It will take a lifetime of
treatments to overcome that nightmarish moments of camping experiences.
Why Ms Molli - what's it like to be just as deranged as the defense lawyers who
lie awake night thinking up ways to get monsters such as Mitchell the freedom
they need to keep on doing what they like best - raping, attacking, murdering
innocent civilians and children. Go live with the likes of Mitchell. He
doesn't deserve all the breaks the courts have given him thus far. I guess
victims don't mean anything in your book, huh.
Brian,why don't you spend 9 months of captivity with me and we'll
see how you feel about psychological damage
And in more news......lawyers go to school for YEARS to do what?And
they wonder why there are so many lawyer jokes......or was it joke lawyers.
Put the attorneys behind bars for even thinking this stuff. Now we know why
lawyers are the brunt of so many mean jokes. Disgusting!!!
Elizabeth Smart was kidnapped and raped repeatedly, and Mitchell says she wasn't
traumatized by what he did to her. GEEZ LOUISE!!!!! What a bunch of
"baloney" Mitchell is spreading.
I can imagine that lawyer telling a judge, "While it is true that my client
stabbed the victim with a knife, the victim didn't die and in fact has shown
remarkable healing."This kind of spurious argument reflects
badly on our legal system and on our society.
This is an insult to the victim.
No wonder that Shakespeare wanted to kill all of the lawyers.
I was profoundly affected by the sexual abuse by my biological father, but the
full effects were not felt until I got married and had to do with all the
ramifications of sexual trauma. It has caused thousands and thousands of
dollars of counseling, heartache to myself, my husband, and my children. The
trauma doesn't just magically disappear. The internal system develops coping
mechanisms that are not healthy enough to stand the constant abuse and until
everything is looked at, and combed through, any sense of normality will be
replaced by flashbacks, defense systems built up by the inner child to deal with
the constant fear of "when is it going to happen next", ad infinitum.
I pray for all victims of child molestation. The scripure that says "it is
better that a millstone be hung around the neck" of anyone that offends
little children is very apt in this situation.
Probably one of the more disgusting headlines I have read in a long time. I
can't even bring myself to read the article. My stomach is turning that much.
No Damage...You must be kidding me....Now I have read it all...
LOL! Give Mitchell 30 years of hard labor for standing behind this crock!
I'm sorry but individuals, even the father, making such a claim are foolish,
irresponsible, insensitive, and totally ignorant of the facts concerning the
psychological effects of abuse on individuals, male or female. It may be awhile
down the road, but I would dare say that Elizabeth Smart will experience
emotional difficulties as the real trauma of those events begin to surface!
Remember that the constitution grants Mr. Mitchell the right to a fair trial,
and if his lawyers didn't pursue every possible avenue on his behalf, he could
ask to have the verdict or the sentence thrown out on grounds of ineffective
assistance of counsel. Don't worry, folks, the judge and jury weren't born
yesterday, and they can weigh both sides' arguments and reach an appropriate
conclusion. Truth will prevail here.
We should all hope and pray that the defense attorneys continue to provide the
very best possible defense that Mitchell can get. For all of you who want to
judge them, would you rather that Mitchell be able to appeal his sentence for
having lousey representation? Get real people. Just hang in there and let them
do their job and justice will prevail.
So, I guess if Elizabeth were to keep playing the victim her whole life,
Mitchell would deserve a harsher punishment? I guess if you have a strong
support system to help you overcome tragedy, people can do unspeakable things to
you and get off with a slap on the wrist? I really hope the judge sees past all
Just because she has had remarkable support, counseling and a strong will of her
own, does not mean that she did not suffer incredible psychological damage. What
a crock! Hopefully, the judge is wiser than the lawyers (and it wouldn't take
These Defense attorneys- should get nine months captivity in state prison at the
point of the mountain to help them understand a little bit of what it might have