Smart Case, July 31, 2002

07/31/02 | Jolly Green

[cookiedough]

If it were my child, I wouldn't care if the evidence was admissable in court -- I'd want the info to help me find my child.

Our state Supreme Court decided that hynosis-induced evidence is not admissible because, among other reasons, the witness may be responding to suggestions made by the hypnotist, or by others prior to the hynosis. Or the subject could pretend to be hypnotized and tell the hypnotist anything they please (in a child's case, probably what they think the adults want to hear).

I don't know about the law in Utah, but I do know that in my state, having been hypnotized would not prevent the girl from testifying. She would be subject to cross examination, and if she changes the details of her story, it could damage her credibility.

Hypnosis, like polygraphs, can be very useful tool for LE. For instance, a witness has seen a car speeding away from a crime scene. The police will have W hynotized to see if she can recall the license plate number. Hypnosis doesn't always work, but when it does, it is a great investigative tool.

[cookiedough]

Any attorney worth his/her salt knows how to handle a basic criminal matter.

As far as not allowing clients to come to court looking like Ricci did today -- perhaps Smith did not, or could not, do anything about it. You can lead a horse to Brooks Bros., but you cannot make him wear a suit.

[Bella]

What did you think of Ed's interview with LK?

[Bella]

Very true.

[Neenah]

Thank you, Iwo Jima..thank you.

[IamHD]

"hypnotize the girl --"

Funny thing, I came across an article about this, and it implied, very much so, that this was done. If I can find it again, I'll post it.

Also, you would THINK that RR would have shaved, because he definitely looks sinister. "Hey, Richard, SHAVE for pete's sake!" :)

[Bella]

That would be one of the first things my husband and I would do. We can lovingly and gently hold our 9 yr. old and talk with her.

For sure!

I get so mad at these crappy (sorry) stories about this family. It is just wierd, I tell you.

Yes indeed, certainly odd!

[varina davis]

Please, Bella, if she has any idea where Elizabeth is and who she is with don't you think the FBI would have tracked her down.

I'm not Bella, but no, I don't think LE would necessarily have traced her down yet.

[varina davis]

What did you think of Ed's interview with LK?

Ed was very, shall we say, controlled. It was amazing that he said he(just in past couple of weeks) thinks Ricci might have something to do with the case and that he was "disappointed" in him when he saw him in court.

DISAPPOINTED! If I thought someone had something to do with the abduction of my child, I'd be stark raving incensed! He is still really fudging on his real feelings about Ricci as a major suspect.

He also DID NOT answer LK's question about why not release the sketch -- just babbled about the expertise of Boylan.

A nothing gained interview, IMO.

[Sherlock]

http://maps.yahoo.com/py/maps.py?BFCat=&Pyt=Tmap&addr=850+E+300+S&city=Salt+Lake+City&state=UT&csz=Salt+Lake+City%2C+UT+84102-2332&slt=40.762763&sln=-111.866427&Ds=n&mlt=40.777066&mln=-111.852188&zip=84102-2332&country=us&mag=9&cs=9&BFClient=&BFKey=&poi=&poititle=&map.x=302&map.y=6

'Definitely Something': They say that when a coyote kills a rabbit, the yelp resembles a child's cry. What Steve Voss heard in the early hours of June 5 sounded much more human.
Voss, a gynecologist, was on call so he was sleeping in the back bedroom of his Federal Heights home. He was awakened by his wife who was in the bathroom. They heard a car racing down the street. It was 2:30.
"I drifted and then I heard what I thought was a yell or a scream. It sounded female," Voss says. "I've never heard anything like it before."
Dogs started barking and Voss went downstairs to check on theirs. He looked at the hills behind Tomahawk Drive and saw nothing unusual. He went back to bed.
At 6 a.m., a neighbor dropped by and said, "Go check your kids.'' The Smarts' 14-year-old daughter has been kidnapped from their home on Kristianna Circle, the street below Tomahawk.
An hour later, a police officer knocked on the door and Voss recounted what he had heard.
"I suppose it could have been a coyote. I was half asleep," he says. "But it was definitely something."

This is a map of the area. The Smarts' street, Kristianna Circle, is the cul de sac labeled Arlington Park (the park is at the corner at Virginia Street). The article says the doctor lives on Tomahawk Drive which is above the Smarts. He's awakened, hears a car race by, then nods off and is reawakened by the scream. When he heard the scream and the dogs started barking he went outside and looked at the hills behind Tomahawk Drive which implies that's where he thought the scream came from. I would guess the hills are north of Tomahawk which looks like an undeveloped area. This indicates Elizabeth may have been taken up into these hills north of Tomahawk on the map.

[Sherlock]

>One law enforcement official was asked if Mary Catherine had been hypnotized by investigators as part of their interviewing her. "It is safe to say we've tried everything," the official said.

From post 113, they did hypnotize her. I remember reading this a long time ago when it was printed.

[IamHD]

Here is an excerpt of a CNN article dated June 19...

SNIP

"She was paralyzed and in shock for a couple of hours until she went in and talked with her dad," said the uncle, Tom Smart.

The latest information, Atkinson said, came as a result of three interviews with the 9-year-old, conducted by child-interviewing specialists.

One law enforcement official was asked if Mary Catherine had been hypnotized by investigators as part of their interviewing her. "It is safe to say we've tried everything," the official said.

SNIP

[Neenah]

Larry King Interview with Ed Smart.

I am going to check tomorrow morning for the transcript on this, and read it over and over. I have it taped also.

First....Someone pleace tell this man to not start every sentence with " ya know? "..sorry, it is irratating, and that makes me sound awful, I know.

Here are some of the things he said:

As to how Mrs. Smart is doing....(paraphrased) " Ya know..it is hard for her to think about what Elizabeth is going through. It is easier for her to think she is in a better place.

Upon seeing Ricci in court, and Mrs. Ricci...." I was saddened when I saw Richard, cause he always acted like he was your friend. I feel he is connected with it.I was sorely disappointed..how can you be thinking the way you are? Hopefully there are good things about him."

About meeting with Mrs. Ricci: " I begged her to talk to him. She said the car keys wer lost in May. She felt it was someone else that did it."

About the sketch, and why it was not released : " I haven't seen a drawing " The police arre working but it is taking so long." (there was more about the sketch, but i didn't get that. I will post transcrips of this tomorrow unless someone else has it posted by then.)

Larry then said good bye to MR. Smart with good thoughts to Mrs. Smart and him.

They then went to the panel...Mark Klaas, Mark Garagos, Nancy Grace, and Dr. Lee....

Mark klass talked about the sketch..."Why wasn't a sketch shown?..Mark Katherine saw the abductor, and heard his voice.THIS WAS REPORTED IN THE SLC PAPERS. "If it was Recci, was that his voice?"...

Nancy Grace speaks..."She (MK) may not have seen the face...and it would hamper the case if the sketch was released by Boylan and PD now..and they arrested Ricci..and in court the sketch were allowed to come in...IT COULD HAMPER THE CASE." (This is paraphrased, of course, but pretty close to what she said )

Henry Lee speaks about the sketch. " Once it is released it should be perfect or it can't be used." (whatever that means)

Mark Garagos: "If they file against Ricci and it don't look like him he is clear. I think Klaas suggested her (Boylan)..THAT WAS BEFORE RICCI WAS NAMED (!!!!)"( This, he was stating, that if they had allowed Boylan to do a sketch when they flew her out there, and it looked like Ricci...we would be way ahead of the game...my words)

Klaas speaks: MK knew Ricci and the Mother (???) recognised the voice. WAS IT RICCI ???" **********************************************************

That is all I got in notes. The thing I am trying to keep in prospective is that NONE OF US can know much of anything, other than what has been fed to us. No prosecutor or defense attorney is going to give their case out to we the public !!! That is what court is for. I, along with all of you, pray for a break in this case, no matter what..and she is found.

[Neenah]

And so we just feel a tremendous need not to put any pressure on Mary Catherine.

Ooohhhhhhh, that gets me soooooooo mad !!!!!

[Sherlock]

Smart was in the courtroom for Ricci's appearance. In an unusual move, he and a family spokesman met privately for 25 minutes in a court office with Ricci's wife, Angela, and her father, David Morse Sr.

``I just wanted to talk to her. I just wanted to plead with her,'' Smart said as he left the courthouse. ``I am doing everything I can for my daughter.''

Smart said Angela Ricci maintained her husband was innocent.

http://kutv.com/related/StoryFolder/story_122988702_html

OK, Bella, Varina Davis, Neenah, and all you other Ed Smart haters, have at it!!