The Elizabeth Smart Trial: Week 1

Recap of the First Week of the Brian David Mitchell Trial

The first week of the Brian David Mitchell trial has come to and end and it has not been boring. The issues with the Defendant’s in court conduct began just prior to the time the trial even began. Brain David Mitchell (the individual accused of kidnapping, raping, and assaulting Elizabeth Smart) began singing very loudly in court at hearing prior to trial. Other issues followed as the trial began and for good reasons, this case has been the most publicized case not only in Utah over the past week, but throughout the country. The article examines the highlights of the first week of trial including the Defendant’s bizarre conduct, the stay of the 10th Circuit Court, Opening Statements, and finally the testimony of Elizabeth Smart and her family.

Pre Trial Antics

In the days before trial was to commence, the attorneys in the case appeared for a hearing on pre trial matters. Mitchell, the accused, began singing loudly in the court room. The conduct of the Defendant became so loud and annoying that the court ordered him to another room in the court house where he could only watch the proceedings on a television set. The defense team in the case previously tried to argue the Defendant was unfit to stand trial due to his mental illness. Indeed, a state court found Mitchell unable to stand trial but the federal court did not agree.

10th Circuit Court Stays Trial

In a bizarre twist even the defense lawyers did not expect, the 10th Circuit Court of Appeals terminated the trial halfway through the prosecution’s opening statement to review jury questionnaire and to ensure that Mitchell would receive a fair, unbiased, jury and trial. The Appellate Court ruled the jury was properly seated and the trial commenced shortly thereafter.

Opening Statements

After a delay of about a day, the trial was allowed to continue and the prosecution made their opening statements painting Mitchell as a crazed religious fanatic who brutally raped, assaulted, and kidnapped Elizabeth Smart. The defense was than given their opportunity to rebut allegations and provide opening statements to the jury.

Smart’s Family Testifies

On day 1 of the trial, Elizabeth Smart’s sister and mother testified of the horror of finding their sister gone and likely abducted and the struggle the family went through during the months of not knowing if their sister/daughter were alive or dead. The prosecution opened the case with these family members who painted an emotional scene of the Smart family household.

Elizabeth Smart’s Testimony

Elizabeth started her testimony recounting the night of her abduction. She testified that Mitchell woke her up in the middle of the night with a knife to her throat. He threatened to kill her and her whole family if she said anything. He took her to his camp where his female accomplice was waiting. She testified that Mitchell performed a wedding ceremony and raped her. In the first month that followed, he kept her mostly tied to a tree. Elizabeth went on in the following days to testify that Mitchell continued to sexually assault her on a daily basis and used religious beliefs as justification. The Criminal Defense Lawyers representing Mitchell cross examined Elizabeth Smart for only 15 minutes.

The Trial Moving Forward

The trial ended this week before Veteran’s Day. The trial is expected to last several weeks with the prosecution calling additional witnesses including Elizabeth Smart’s father, and the defense putting on their case and witnesses in response. Additional articles on this trial will be published each week.