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Smart's Kidnapper Guilty; Jury Rejects Insanity

Smart's Kidnapper Guilty; Jury Rejects Insanity

Elizabeth Smart arrives at the federal court house for the closing arguments in the trial of Brian David Mitchell Thursday, Dec. 9 2010 in Salt Lake City. (AP Photo/Colin E Braley) (Colin E. Braley - AP)

San Jose Mercury News via YellowBrix

December 10, 2010

SALT LAKE CITY — A federal court jury today found Brian David Mitchell guilty in the 2002 abduction of Elizabeth Smart.

The 12-member jury reached their verdict at 10:30 a.m. following five hours of deliberations that began Thursday evening.

Mitchell was convicted of interstate kidnapping and unlawful transportation of a minor to engage in sexual activity for allegedly holding Smart captive for nine months, including near-daily rapes and a trip to California and back. He faces up to life in prison when he is sentenced on May 25, which allows time for a presentencing report to be completed.

Mitchell was present in the courtroom while the verdict was read, singing the LDS hymn “He Died. The Great Redeemer Died.”

Defense attorneys had argued Mitchell was insane at the time he kidnapped a then-14-year-old Smart from her bed at knifepoint to make her a plural wife. A not guilty by reason of insanity verdict would have meant Mitchell, a self-described prophet preparing to battle the anti-Christ, would have gone to a mental health facility rather than prison.

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Brian David Mitchell enters the federal court house Thursday, Dec. 9, 2010 in Salt Lake City. Mitchell is on trial for the June 5, 2002 kidnapping of Elizabeth Smart. (AP Photo/Colin E Braley) (Colin E. Braley - AP)

Attorneys wrapped up the trial at 5:35 p.m. Thursday afternoon, handing the case to the five women and seven men who have sat through weeks of testimony. The jury deliberated Mitchell’s fate for three hours before adjourning for the night.

In the face of damning evidence his client kidnapped, raped and degraded Smart, Mitchell’s attorney had difficulty saying anything positive about the 57-year-old, self-proclaimed prophet in his closing arguments Thursday.

“He is not a good person,” Robert Steele told jurors.

Instead, Steele claimed that Mitchell was mentally ill and suffering from the delusion that he was commanded by God when he abducted Smart.

“I don’t think he has the free will to say, ‘God, I’m not going to do it.’” Steele said.

During their closing arguments, prosecutors argued against the notion that Mitchell was insane when he committed the crimes.

U.S. District Attorney Diana Hagen told jurors that, according to trial testimony, Mitchell disobeyed revelations from God “all the time.” “And if he can choose to disobey God, he can choose not to rip a child away from her family, keep her bound like an animal and rob her of her dignity, identity and her childhood,” she said.

U.S. District Judge Dale Kimball instructed jurors Thursday that, for an insanity verdict, they must find Mitchell has presented “clear and convincing evidence that, as a result of severe mental disease or defect, he suffered from a delusional belief that he was acting under the direct command of God.”

Attorneys for both sides presented witnesses and experts to bolster their arguments during the course of the 20-day trial. The trial’s most gripping testimony came when Smart, 23, told jurors about the night Mitchell abducted her and the harrowing time she spent with him and his wife, Wanda Barzee.

During her three days on the witness stand, Smart spoke in a matter-of-fact tone to jurors, who listened in rapt attention.

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+13
  • Eagle_and_flag_max50

    36TR

    over 3 years ago

    7620 Comments

    Good verdict!! Kinda looks like Charles Manson.

  • Anonymous-killer-whale-232189_1__max50

    Whalewatcher

    over 3 years ago

    11194 Comments

    Glad the jury saw through the insanity plea BS.

  • Pug_max600_max50

    DALLASCRANE

    over 3 years ago

    19382 Comments

    Commanded by God?????? Maybe to rot in prison and dance with the Devil. His wife is serving time after pleading guilty. Candidate for couple of the year from Hell.

  • Germanshep_max50

    MIAMICOPPER

    over 3 years ago

    48 Comments

    I hope the inmates will enjoy his beard....................

  • Untitledma28839986-0002_max50

    Irishcop1961

    over 3 years ago

    50400 Comments

    Great verdict. Hope the POS rots in hells.

  • Me_last_wk_max50

    delano388

    over 3 years ago

    4314 Comments

    What a POS

  • Aaa_max50

    beejac

    over 3 years ago

    1424 Comments

    This scum bag needs to visit the guys in the exercise yard .

  • Photo_user_blank_big

    true2blue

    over 3 years ago

    16 Comments

    Good to see a long waited and deserved conviction. Now we get to pay for him to sit in prison..shame inmate uniforms dont come with a premade noose. Self-proclaimed prophet of God huh? Hopefully he gets to see him soon....oh wait...not where he is gonna go. T2B

  • 012_max50

    sdyoung82

    over 3 years ago

    478 Comments

    Im glad to see the Jury actually did the right thing. Way to go to the jury, prosecutors, and LEOs involved!! This jerk deserves what he gets. Way to keep your head Smart!!

  • Photo_user_blank_big

    Anonymous

    over 3 years ago

    Gladt hey didn't buy the insanity crap

  • Ethan_beyer_max50

    blueeyedpisces

    over 3 years ago

    170 Comments

    It's nice to see a case where the ending is somewhat happy. Elizabeth made it back home, that is a miracle in itself and this pervert will b punished.

  • Photo_user_blank_big

    Anonymous

    over 3 years ago

    HOPEFULLY HE WON'T LAST LONG IN PRISON

  • Photo_user_blank_big

    1Tinman

    over 3 years ago

    616 Comments

    You have to love it when a person is found guilty and the article still uses the term "allegedly".
    As for the sentence... how about electric shock therapy, the kind you get when strapped in a chair.

  • Police_link_badge_max50

    HEYSARGE

    over 3 years ago

    16726 Comments

    I hope he has an early death in prison-!!!!!!!

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