Elizabeth Smart thread, August 31-September 7, 2002

[IamHD]

My prayers go out to the Ricci family during this time. RR was sent up the river and used as a scape-goat. No evidence, whatsoever, linking him to the disappearance of Elizabeth.

May he rest in peace.

[varina davis]

Perhaps that's the reason the Smarts are failing to get the information they want - because the cops don't trust them completely. Police have said precious little over the last few months - it's only been the Smarts dribbling out information - and OLD information at that. Give it some thought and I'd love to see your comments!

How right you are on all counts.

For some reason today, I keep recalling an interview with Ed and Lois Smart, where he patted her knee and said something like "this is the only one for me -- or the love of my life, or something inane like that, in response to a question totally unrelated to his statement. And Lois stared stonily into space.

I think you're right that LE doesn't trust the Smarts. Why would they, after so many inconsistencies? I also think Chief Dinse is really walking on eggs about now, what with Ricci's untimely death, Angela about to go public and the Smarts coming up with ancient "news" to get on TV.

[Utah Girl]

We're not hearing about the attempted break-in at the relatives house just now, I heard about that the day after it happened in the Deseret News. I'd link to the story, but their search server is down. I'll try later on this evening. The SLPD did discount the break-in at first, they thought it was a teenage prank. Except now, no one has come forward to claim responsibility and the leads have panned out for who would have tried to break into Lois Smart's sister's home. And you do have to admit the coincidence is eerie, a chair was under both windows (Smart and relative), screen was cut, and both have daughters age 14. And the reward money is anonymous tips, and it sure hasn't been reported that anyone has taken the Smarts up on the reward. Gee, if I was a teenager and did that, I'd just have to call the tipline and give them the information. Of course, how would I pick up the money???

And the Smarts realize that they aren't getting all the information from the SLPD. They've said that a number of times in interviews. And they realize that no one has been eliminated officially from being a suspect. How would you like to live your life under a police microscope if you were innocent?

As far as David Smart goes, you are absolutely correct, the conversations between Ricci and Smith constitutes client/attorney privilege. But can you blame the Smarts for at least trying? And the law will be upheld, we are still a country of laws.

And perhaps the guy who was digging the hole in the ground was digging a grave, the people who came across him interrupted whatever he was doing, he hurriedly filled in the hole, and did whatever in another spot. What does it hurt to go look again?

[Utah Girl]

Put the quote in context. There isn't a transcript from that Ashleigh Banfield show, but the exchange went something like "Do you know of anyone who would want to do harm to you or your family?" Ed and Lois shake their heads. "Any former business associates?" No. "Any spurned lovers or former lovers." At which point Ed patted Lois's knee and said "This is the only true love of my life." Taken in context, well, I think we've had this conversation a couple of times before.

[varina davis]

With all due respect, I still think it was a weird statement.

[varina davis]

Utah Girl, do you know when Angela Ricci will be on Larry King? Thanks

[cookiedough]

At this point, attorney-client privilege rules the roost, and Ricci's attorney is prohibited from reporting confidences of his client. The client owns the privilege, so the attorney may not disclose these confidences. In my state, attorney-client privilege survives the death of the client, no matter what. I don't know what the law in Utah is. In any case, the Smarts may ask for anything they like, but no one can make that attorney violate the privilege, in accordance with the law and Code of Ethics.

There was a case in New York once, in which an attorney knew where his client had buried a child's body. The attorney could not reveal any of his knowledge of the client's past crime, even to provide comfort for the family. It was against the law and the his professional code of ethics for him to do so. I am sure it was very hard for him to keep this information to himself.

If the attorney had violated the privilege, he would have been subject to being disbarred and to being successfully sued for malpractice.

I can't remember how that story ended. I think the attorney was eventually successful in persuading the client to reveal the location of the child's body, but I'm not sure.

It is a nightmare of a situation for an attorney to be in, if s/he does know anything about a sensitive case such as this, that's for sure. It is easy to say that s/he should tell what s/he knows -- but only for those who won't lose all of their assets and their livelihoods by so doing.

[Utah Girl]

I don't watch LKL. I do know that LKL comes on at 7PM MDT on CNN. Did you know that his current wife is from Provo? King's brother-in-law is the starting quarterback for BYU, when King and his wife are in town, he calls the games. Just a bit of trivia. :)

[Utah Girl]

Thanks cookiedough for that information. (I love your screen name BTW.) The Smarts can ask all they want, but I am way sure it is covered by attorney-client privilege in Utah as well.

[cookiedough]

No one will be eliminated from suspicion, including the family, until LE has charged someone with the crimes. If anyone is entitled to inside information, it would be Liz' parents. Of course, LE never reveals everything about their investigation, even to the crime victims. It doesn't mean that the family contains serious suspects.

[varina davis]

Did you know that his current wife is from Provo? King's brother-in-law is the starting quarterback for BYU, when King and his wife are in town, he calls the games. Just a bit of trivia. :)

Yes, I do know that. In fact, I've found several of King's talks to various groups in Utah in Google searches while looking for other info.

[cookiedough]

Yes, the privilege exists in Utah, but I'm not sure whether it survives the death of the client there.

[Utah Girl]

Oops, I thought I read somewhere Angela Ricci was going to be on tonight's LKL. Sorry, I am wrong. She will be on his show tomorrow evening, Sept 4. Der Slickmeister (clinton) will be on LKL for a BIG announcement this evening, I definitely will not be watching him. Yuk, yuk, yuk.

[Utah Girl]

Hmmm, I'll email my brother-in-law, he has a Utah law license, I wonder if he would know...

[sandude]

I don't know if that's a slam or a complement. It's very cute though. You're really showing your audio/video stuff these last few days.

[varina davis]

Sept. 3, 2002-- KSL News

Even without the top potential suspect in the Elizabeth Smart kidnapping case, the girl's father Ed Smart still believes the case will be solved.

Richard Ricci, died Friday night after he was taken off life- support, following a brain hemmorage.

Crime Specialist Karen Scullin sat down with Ed Smart, this afternoon... to talk about his daughter's case, and solving the mystery. Karen?

On Friday, it will be three months since 14 year old Elizabeth Smart disappeared in the middle of the night. Ed Smart admits he's frustrated, but yet not necessarily surprised that the case isn't closed.

Richard Ricci's sudden death hasn't forced Ed Smart to change his opinion that his former handyman had SOMETHING to do with Elizabeth's disappearance.

Ed Smart/Elizabeth Smart's Father: I JUST FEEL SO STRONGLY THAT HE WAS INVOLVED IN IT. I DONT KNOW IF HE WAS THE ONE IN THE HOUSE.

From the beginning, police have said they're looking at three theories as to WHY the fourteen year old was taken.

A bungled burglary, a failed kidnapping for ransom, or possibly that a child predator who had been stalking Elizabeth was to blame.

Police sources have indicated the "bungled burglary" was the most plausible theory.. but Ed Smart says that one just doesn't make sense to him.... he believes it was a straight up kidnapping.

Ed Smart: THERE WAS NOTHING IN THEIR ROOM OF VALUE. IF A PERSON WANTED TO COME IN, AND SAY OH I TOOK THIS FROM THE SMART'S HOUSE, AND THIS IS MY TROPHY FOR HAVING GONE INTO THEIR HOUSE, THAT'S A POSSIBILITY.

Smart adds that Elizabeth was a heavy sleeper, she wouldn't have woken up with just a little noise.

In any case, Ed Smart believes the answers can still be found....that Ricci's death isn't the end of the line...and it certainly isn't the end of the story.

Ed Smart: I FEEL THAT THERE SHOULD BE ENOUGH INFORMATION, ENOUGH PEOPLE AROUND THAT WE SHOULD STILL BE ABLE TO FIND ELIZABETH, FIND OUT WHAT HAS HAPPENED TO HER

And Ed Smart says he'll continue to put himself and the story on television as much as possible. He says it's the only way he feels he can help with the case, and that sometimes it generates a lead.

(I did not add the uppercase, that's the way it was on the website).

[sandude]

If Moul saw a blue van back on the 8th, and these people saw a blue van why is this fact just coming out now? The public could have been keeping an eye out for the blue van. The police showed other vehicles to obtain information from the public.

If LE believed that Elizabeth was still alive then alerting the public to look for this van could have forced the accomplice to kill her. They were problaby hoping to find him on the quiet in the hopes that they might rescue her.

[Neenah]

I think it's possible, even likely, that if Liz is found and/or her abductor captured, it will be entirely by happenstance, and not as a result of an organized search (at this point)or a tip from someone close to her abductor.

Oh yes, and every one is different. The two girls murdered in Calif. were buried right across the street. That makes me cry. We never know, and yes, I know what you are saying. It is a hard thing to sit and wonder. Very very hard.

[Neenah]

I understand more than you know. I understand.

[Utah Girl]

Thanks for posting that interview from ksl.com. I'll have to remember to watch the late news this evening to see the interview.

[Neenah]

Thank you.