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Elizabeth Smart testimony: Prosecutor Felice Viti: Miss (Elizabeth) Smart, prior to going to bed (on June 4, 2002), did you and your Dad do anything? I remember hearing it again and I was immediately wide awake I don't know that I could really describe what I felt other than I knew how deadly the situation was. Elizabeth: It was at my body, at my middle section. We started straight down the hallway, he went past the stairs so we had to backtrack a few steps. P: What happened when you reached the reached the top? It was quite a bit lighter, and I remember him saying we needed to make it over the top of the ridge because the color of my pajamas were so pretty that he didn't want any of the others … Smart said Mitchell later called out "Hepseba" and a voice responded from a grove of trees not too far off, "Immanuel! But in front of everything, there was a woman standing there wearing light-colored robes — the kind you pull over your head, not the kind you wrap around you — and she just grabbed me into her arms and hugged me. Elizabeth: We closed all the windows and all the doors. P: I would ask you to look at government exhibit 5. Elizabeth: These are my mother's same pair of red silk pajamas that I had. Elizabeth: I read a book called "Ella Enchanted." I put it on my bedside table, my desk. It appears to be the book I was reading to my sister the evening of June 4. Miss Smart, looking at government 18, can you show me that object to the right side of the desk? Elizabeth Smart testified that she has been living in France as a missionary for the LDS Church. Smart said the man asked her what was the quickest way out of the house.
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Elizabeth: She said if I didn't take them off she would have the defendant come in and rip them off. He was wearing similar robes with a sash that tied down the middle and a hat that was made of the same linen material. He said he had been called by God and instructed to do everything he had done up to that point, that he was a prophet and that the Lord had taken him out of the world to begin preparing him for the day when he would re-enter the world and come out of obscurity and testify with great power and call the world to repentance in preparation for the Second Coming of Jesus Christ. Elizabeth: He described approaching other women and asking them. Elizabeth: He said he and his wife were going to demonstrate how to have sexual intercourse in front of me and that I needed to watch and needed to learn. Elizabeth: He said we needed to go the day naked and be like Adam and Eve. P: What happened after they had sexual intercourse? And at that point, I felt I could just, like it didn't matter. Elizabeth: After the shock, a little bit of what had happened, I started thinking about my family, about my parents and what my life had been before. P: When he made these threats to you, was he holding anything in his hands? P: What did he do when you heard the voices calling your name, other than threaten you? And he proceeded to roll a cigarette, light it and hand it to me.
P: What happened after you took off your underwear? I was on the bucket crying and then the defendant entered the tent. P: Can you describe what the defendant did the next day? I was forced to go into the tent and watch them have sexual intercourse. I'd seen how he'd come in and taken me from my bed — the place I thought was the safest place in the world — in my own home with my sister. He had threatened me, and I had been tethered between two trees like an animal. And I remember him telling me if I cried out, he would duct tape my mouth shut and anybody who came into the camp would be killed. Elizabeth: He pulled out tobacco and papers, and he said that in order to rise above all things, I needed to sink below all things first, and that included smoking.
Douglas said Mitchell was doubting what to do, but Barzee comforted him and said if Elizabeth Smart was to be his wife, God would open the way if God wanted it to happen.
He and Barzee had lived there before he met the Smart family.
"With a crazy mind, the easy explanation is not always the right one," Douglas told jurors.
That night, he went to the Smart family's Federal Heights home.SALT LAKE CITY — An attorney for Brian David Mitchell said the defense has "virtually no disagreement as to what happened" with Elizabeth Smart, but said the defense has a "general disagreement about why it happened." The trial for Mitchell, accused of kidnapping Smart, resumed Monday after being put on hold for nearly a day and a half while an appeal for a change of venue was considered. Elizabeth: He said he would explain a lot to me later when we got to where we were going, and I remember asking him if he realized what he was doing and he said he did. There was a dry streambed that went straight, veered off, continued to go straight back up into the mountains. Elizabeth: I was still in front and he told me to go up the streambed. I remember praying and pleading to find a way to escape, but there was a steep slope on either side of the streambed with what seemed like a wall of scrub oak up the side. P: On that night or that evening, did he have a beard? Smart testified that at one point, Mitchell said he was going to hold her for ransom. P: Can you remember approximately how long it took you to get from the trail head to the campsite? P: Was it a difficult trip, physically challenging? Elizabeth: He did offer me water, but I couldn't drink anything. P: When you use the word rape, do you mean he forced you to have sexual intercourse with him? P: Did you do anything physical to try and prevent him from raping you. I turned on to my stomach because I thought that if I were on my stomach he wouldn't be able to do anything, but sadly I was mistaken. Elizabeth: He got up and left the tent and shut the door behind him. I was just inside the tent crying, and I ended up crying myself to sleep. I guess he had planned for that, too, and he had planned for what he was going to do. P: When he bolted the cable around your ankle, where was the other end of this cable? P: Miss Smart, let's go back then to when the defendant is tethering you. But she was able to jump off and switch buses before he could jump off and follow her. It was long enough that I could go inside with my head by the door and lie down with the cable alongside me and his wife on the other side. P: Miss Smart, approximately how long were you tethered to those trees? He would unlock the lock, but I would have to either carry or drag the cable that was bolted on to my leg. P: On this occasion, when he would force you to drink gin, would he bless the gin before he would drink it? P: When he forced you to drink vodka, before he would force you to drink vodka, would he bless it? Defense attorney Parker Douglas asked jurors to "ferret out carefully not only what happened but why it happened." Elizabeth Smart spent two and a half hours on the witness stand Monday describing in great detail the events of her first weeks in captivity. And I remember me saying if he let me go right now that we wouldn't press charges on him, and I remember him saying he knew exactly what he was doing and he understood the consequences of his actions. We continued up the side and we continued up and I remember saying to him as well that if he were just going to rape and kill me, that he do it closer to the trail head so someone could find my remains. I remember we were making more frequent stops where he would stop to urinate or he'd say, "We're going to wait until the sun comes up." But that would only last a minute or two before he'd say, "No, we have to keep going." We were still at the streambed but we'd taken a momentary pause so he could relieve himself. "I said my parents would pay any amount to have me back." She said she doesn't remember him saying anything in return. Smart said Mitchell didn't want "other runners to see me in the red" pajamas and didn't want to spend a lot of time on the ridge. P: And when he raped you, were you on your stomach? I asked him what he was going to do and he said, "Take away the temptation of running away from him." And I said I wasn't, though I had every intention of running away at that moment. P: What did he do to fasten the cable around your ankle? Elizabeth: It was connected to a lock and the lock not only had the cable that was directly connected to me, strung between another cable that was bolted between two trees. When did you tell him you need to use the bathroom? P: Did he allow you to use the bathroom before or after you were tethered between those trees? Smart said she remembers Mitchell telling her to go to bed. P: Did he do anything before you went to bed that evening? Elizabeth: Month and a half, somewhere around there. P: So during the six-week period, that never came off your leg? P: When you walked around, when you were untethered from the two trees but with the cable still attached to your ankle, how would you carry the cable? P: While you were tethered to those two trees, did the defendant rape you? P: During that period when you were tethered to the trees, how often did that occur? P: And would these rapes occur only while you were in the tent or in other areas of the camp? Elizabeth: That afterward, I would have to perform oral sex on him. In 2001, Mitchell approached a woman at a mall, but she rejected his offer of marriage. P: Did you know before he left the camp that morning where he was going? The marriage, however, was very short lived, the defense attorney said. Elizabeth: No, he just ran his hands all over my body. P: You explained to me before the break, you said that first morning you were in the tent alone and that you decided you were going to run away before you were tethered. Elizabeth: I didn't want to spend another day with him. But I also like I had seen what he'd done to me so far. Elizabeth: That I would be killed or my family would be killed or anybody who tried to help me would be killed. Elizabeth: She wouldn't threaten me directly but she would back him up. He's not joking." P: During the time you were tethered, did you become aware that people were searching for you? And I remember him immediately becoming very, very tense.