Elizabeth Smart Trial Begins

[MarginOfError]

CNN.com's leading story right now is about Elizabeth Smart as a Mormon missionary. Not very specific--just general info about the mission experience.

Just out of curiosity, JAG, what was your take on the motion to move the trial out of state? I have to say, it seems unlikely to me that this guy can really get a fair trial in Utah.

[Tarnished]

CNN.com's leading story right now is about Elizabeth Smart as a Mormon missionary. Not very specific--just general info about the mission experience.

I have got to remember to not read the comments on these news articles, they just upset me with the ignorance and animosity of people.

[Just_A_Guy]

Not really my field of expertise, MOE. I imagine that since the defense isn't disputing that he did it, a jury that believes Mitchell did it per se isn't necessarily tainted. The key question would be whether they've already made up their minds as to whether Mitchell was legally sane or not.

The Tribune did an analysis of the jury questionnaires a few days ago--you can read it here.

[Just_A_Guy]

Wow! This young lady should consider a career in law. From her testimony this morning:

[Defense attorney] 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?

Elizabeth: Yes

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.

That one-liner should go down in the annals of legal history.

[pam]

I just love her. She is just one remarkable special young lady.

[MorningStar]

I read her testimony. So horrible what she went through. Made me think a lot about what to tell my kids if they are ever in a similar situation and about what I can do to make my home more secure. I don't think many girls in her position live to tell what happened.

[Faded]

I remember the incident particularly well because we were living in the same neighborhood when it happened. I remember seeing people handing out tons of flyers with her picture on it and I was absolutely amazed at how much effort and work went into finding her. I don't think I'd ever seen people throw themselves into finding an abducted child with so much passion and community support.

The principal of what the Smart family was doing -- hiring the guy to do work for money -- is sound enough. The theory is that there is no way to distinguish between pan-handlers who don't need help and people who can't find work and really do need help. So you given them a chance to work for what they are given. A person who is just sitting outside temple square to make money will refuse. Somebody who really does need the monetary help will work for what they get. And ideally, all charity would be contingent upon the person receiving doing some sort of work -- unless they are completely incapable of it. The mistake was taking the guy to their house. But on the other hand, where else can you think of off the top of your head where the average person has any work available that needs doing?

The saddest part of this case is that people like Mitchell typically serve only a few years in prison due to prison overcrowding. The high profile nature of this case may force the state to keep him in for his full sentence (barring him getting off by insanity plea), but in the majority of such cases the kidnapper/rapist will spend 1-2 years in jail and that's it.

[pam]

Oh I believe he will spend much more than 1-2 years in prison. You have kidnapping, rape, taking a minor across state lines, among other things.

[Just_A_Guy]

The thing is, these are federal charges he's being tried on and, if convicted, he'll go to federal prison. If/when they decide to let him out prematurely, Utah still gets first crack at him on the state charges--and, if they find he still isn't competent to stand trial, they can ship him off to the forensic unit of the state hospital for as long as it takes.

[Faded]

Oh I believe he will spend much more than 1-2 years in prison. You have kidnapping, rape, taking a minor across state lines, among other things.

I've no doubt of that, but it's the high profile nature of the case that will keep him in prison. There are people who have done pretty much the same thing and gotten 2 years. It ain't right but there it is.

Another depressing factoid I ran across: Average prison time actually served (so not on parole, etc) for murder in the state of Illinois = 4 years. I gotta find the source for that. I know it sounds to crazy to be believed.

[Elphaba]

I give her family all the credit for Elizabeth's healing from her trauma. They coccooned her with love, while at the same time bringing things back to to "normal." I doubt I could have done the same as my child would have been under lock and key for the rest of her life.

How I wish every hurt child could have a family like hers. I really don't know of any other way a child can truly be convinced s/he can recover from the unspeakable.

Elphaba