Elizabeth Smart case, August 16, 2002

[IamHD]

Good morning, all!

[Utah Girl]

Some of the first pictures of Elizabeth distributed to the media and put on fliers shortly after the kidnapping were from a recent photo shoot with professional studio photographer Joy Gough. The picture of Smart with her head resting on her harp has become one of the most recognized images of the young girl.

Who owns the rights to photos of Elizabeth?

[Utah Girl]

Yes, we've heard this and had discussions on it. Wilson appeared in a couple of interviews early on. Jake Garn, former US Senator from Utah, and his wife also tended the Smart children after the abduction, they knew the Smarts because Ed Smart's parents are (or were) neighbors to the Garns. And Cynthia Smart-Owens, Ed's sister, is married to the son of Wayne Owens, former US congressman from Utah. The Smart family is well connected...

[cherry]

"I don't know what he looks like but I can imagine why he wants to stay in jail. I think he fears vigilante justice or as we say in Wyoming, "the hanging tree"."

I fear it will take some vigilante justice a few times to make the justice system sit up and take notice....can't imagine this guy even being offered bail....and 11 kids?.....unbelievable

[IamHD]

This is the first time that I have seen this article. I was not aware of all of the legal wranglings over photographs. I was also under the assumption, that once you paid for proofs, the photographs belonged to you.

[Jolly Green]

QUERY: Ricci has had a new criminal attorney for about a month. Why has he not been on every talking head show proclaiming Ricci's innocence far and wide?

[cookiedough]

Maybe the new attorney doesn't have the confidence to appear before the media -- stage fright.

Maybe the new attorney thinks Ricci had something to do with it, and he isn't going to assist Ricci by proclaiming his innocence.

Maybe Ricci told the new attorney he is guilty, and the new attorney won't lie for him. This is the least likely scenario. I have never had a client tell me he or she was guilty of anything. Even when I asked. Which is why there is no point in asking. They all lie.

[cookiedough]

Must point out that my experience with criminal defendants is colored by the fact that all of my clients were already convicted of something and I handled their appeals.

[freedox]

"QUERY: Ricci has had a new criminal attorney for about a month. Why has he not been on every talking head show proclaiming Ricci's innocence far and wide?"

Maybe the new attorney is more interested in being an attorney than in being a talk show celebrity.

[Jolly Green]

All good replies! I kind of doubt the stage fright possibility, i.e. even those who should never appear in public still do.

Anyone suspect a deal in the offing as per the O'Reilly guest about ten days ago?

[freedox]

"This attorney was assigned to represent Ricci in the sea shell caper."

Lordy!! The legal wranglings required for defending such a crime do boggle the mind, indeed.......perhaps he's too darn busy to appear on TV!!!

[cookiedough]

I figure the prosecutor has already talked to the defense attorney about a plea bargain. Ricci has to agree to it, though.

[cookiedough]

Forgot to mention that if there isn't enough evidence to convict the defendant, there is no point in the defendant agreeing to a plea bargain.

[cookiedough]

The plea bargain has to make it worth the defendant's while. In this case, if Ricci is already looking at life sentence, and would merely avoid the death penalty if he tells them where Liz is (dead or alive), and they don't have enough evidence to convict him, there is no reason for him to accept the offer.

[varina davis]

Mary Katherine reportedly saw the intruder in two separate areas of the house, but her otherwise detailed description of the suspect did not include any information about the man's face. Police have said she did not recognize the suspect, however, or his voice.

this was from the Washington Times, June 20.

[Sherlock]

and they don't have enough evidence to convict him....

The SLCPD said the week before Boylan came to SLC they didn't plan to make an arrest in the case until they either find Elizabeth or her body. They said they have evidence on Ricci but not enough to convict him. It appears they want Elizabeth or her body to show so they will be sure they have all the available evidence before they take Ricci and/or his accomplices to trial.

How much evidence can they have in a case like this? Can it be enough that we would be sure Ricci was involved but circumstantial enough not to bring a sure conviction? How much do you think they might have on him? And what do you think about the fact LE and the Smart family say they believe Ricci had accomplice/s but no other arrests have been made? If they know who the accomplice is and he is on the street is it possible they would just leave him out there because they want to wait for Elizabeth or her body to show before arresting him? Also, there was some blood found in the Jeep and we've never heard who's it was, what would it mean if it were Elizabeths'?

[varina davis]

Smart is a friendly but quiet girl, one who ran unsuccessfully for student-body president last year and always participated in school activities, Orr said.

"She was really sweet. She would say 'hi' to anybody she saw in the halls," eighth-grader Amy Hernandez said. If there were a few minutes left at the end of class, Smart would finish her homework early or pull out a book to read, Hernandez said.

Francis' French teacher often told her seventh graders to follow Smart's example, because Smart "was academically perfect in French," Francis said.

Smart plays the harp, sings in the school's choir and excels in class, earning a place in Bryant's accelerated learning program.

"She always told you that you looked good that day," classmate Tiffany Morris said. "I just hope she's safe and hope she comes back soon."

(Copyright 2002 by The Associated Press. All Rights Reserved.)

Just more food for thought.

[Illbay]

Luckily you're using GOOGLE. Click on the "Cached" link, and you'll see it. It has probably "expired" of the SL Trib server--a typical occurence that is the reason FR has been "jinxed" by not being able to post full versions of stories from the WP and LAT.