Monday, November 8, 2010

Court Recall Elizabeth Smart For indescribable fear


Elizabeth Smart Kidnapping victim says he was caught with "indescribable fear" the night of her alleged attacker held a knife to her neck as she lay in bed.
Ms. Smart, 23, was testifying in the trial of Brian David Mitchell, the man accused of abducting her eight years ago, when she was 14 and holding her captive for nine months, reported CNN.
She was taken from her bedroom on the morning of June 5, 2002, was walking to a camp on the slopes, along with Mitchell then raped.


"I was awake. It was the voice of a strange man and something cold on my neck," Smart said in federal court in Salt Lake City, Utah, on Monday.
"I remember him saying 'I have a knife in his neck. Do not make a sound. Get out of bed and come with me or I will kill you and your family."
"I thought I was having a nightmare. It was an indescribable fear."Defendant .... Brian David Mitchell.

the mother of Mrs. Smart, Lois Smart, also testified during a spectacular day in which Mitchell was ejected from court for singing.
Mrs Smart told the court that his youngest daughter, Mary Katherine, had woken up that night he said: "Elizabeth is gone."
"[Mary Katherine] said that a man had taken Elizabeth with a gun and never find," said Mrs. Smart.
Elizabeth's father, Ed Smart, searched the family home, while the clever lady ran downstairs and found the open kitchen window, with his court mosquito.
"My heart sank and I called Ed," Call 9-1-1 "," Mrs. Smart told the court.
"It was absolute terror. It was the worst feeling, knowing that I did not know where my son. I could not do anything."

Doubts about Mitchell's mental health has stalled the criminal proceedings against Mitchell and his wife Wanda Barzee after the rescue of Mrs. Smart in March 2003.
A passerby saw him walking down the road with Mitchell and Barzee, 24 miles from the Smart family home.
Mitchell and Barzee were charged in the same month of aggravated kidnapping, aggravated sexual assault and aggravated robbery and theft charges of attempted kidnapping for an alleged attempted abduction of a cousin of Mrs. Smart in 2002.
Two years later, in July 2005, a Utah state judge said Mitchell mentally incompetent to stand trial.
During the six days of hearings, which lasted seven months, Mitchell repeatedly interrupted the proceedings of singing hymns and shouting biblical phrases to court.
In December 2006, was presented before an audience of competition, but was declared unfit to stand trial again after yelling at judge.
In March 2008 a federal grand jury was able to accuse Mitchell and Barzee have been because Ms. Smart from Utah to San Diego in California.
Both were charged with interstate kidnapping.
In September 2009 a district judge ruled that Ms. Smart, who had at this stage turned 21, would testify at the hearing on Mitchell's first race.
She told the hearing in October last year that Mitchell had violated daily and said he would be killed if they screamed or tried to escape.
Barzee was convicted in November last year to 15 years in prison for his role in the kidnapping.
A month later, a psychiatric nurse who had been watching Mitchell said he believed that he had falsified psychiatric symptoms to avoid prosecution.
Was found competent to stand trial in March this year, U.S. District Judge Dale Kimball said that he is a "psychopath actually misleading."

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