Smart Family Seeks Quick Resolution

SALT LAKE CITY – The father of Elizabeth Smart says the family wants a quick resolution to the kidnapping and sexual assault charges against the girl’s alleged abductor, Brian David Mitchell – even if that means a plea deal.

“I’d just as soon have a plea deal and the whole thing be finished,” Smart said in a telephone interview from his home. Salt Lake City radio station KSL first reported Smart’s inclinations in a story on its Web site.

Smart has said he’s reluctant to have his daughter suffer the rigors of reliving the case through a trial, much less take the stand.

On Tuesday, Smart said the important thing is that the 51-year-old Mitchell stay in jail, which is where he’s been since he and his wife, Wanda Barzee, were found with Elizabeth in a Salt Lake City suburb nine months after she was allegedly taken from her home in 2002.

“Whether we went ahead and made some kind of plea agreement and knocked some of the charges off it wouldn’t make that big a difference,” Smart said.

Elizabeth agrees, he said. “If there isn’t some benefit from doing it, why go through it?”

Salt Lake County District Attorney David Yocom said Smart’s sentiments were “news to me” and that his office was unaware of any official discussions with the family about a plea bargain.

Smart said he made the comments in response to a reporter’s questions about a second round of competency hearings for Mitchell, scheduled for Thursday and Friday.

“I just want to make our feelings known,” Smart said. “I know that the D.A’s office has had to put up with a lot.”

In August, 3rd District Judge Judith Atherton ruled Mitchell was competent to stand trial after the defense waived a scheduled three-day preliminary hearing.

But Atherton ordered new competency hearings for Mitchell last month after the former street preacher began singing a Christmas hymn during a court appearance – setting up this week’s court appearance. If found competent, Mitchell is scheduled to stand trial Feb. 1.

Mitchell, a self-proclaimed prophet, and his wife are both charged with the knifepoint kidnapping of the then-14-year-old Elizabeth from her bedroom in 2002.

Prosecutors say Mitchell took Elizabeth into the foothills near her home, sexually assaulted her and kept her as his second wife. An excommunicated Mormon, Mitchell once wrote a rambling manifesto espousing the virtues of polygamy.

The mainstream Mormon church, The Church of Jesus Christ of Latter-day Saints, has disavowed polygamy and excommunicates those who practice it.

Barzee has twice been found incompetent to stand trial, and is undergoing treatment at a state mental hospital. She is scheduled to be re-evaluated in August, and has filed for divorce from Mitchell.

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(Listed if other than Religion News Blog, or if not shown above)
Associated Press, via The Kansas City Star, USA
Jan. 5, 2005
Debbie Hummel

Religion News Blog posted this on Wednesday January 5, 2005.
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