Posted on 11/16/2010 8:03:21 PM PST by Utah Girl
Defense attorneys for Brian David Mitchell, accused of kidnapping Elizabeth Smart, filed a motion Tuesday for their client to be acquitted, claiming prosecutors failed to show "sufficient evidence" that proved their case "beyond a reasonable doubt."
Specifically, defense attorneys claim prosecutors, who rested their case Tuesday, failed to prove beyond a reasonable doubt that Mitchell transported Smart across state lines for the purpose of having sex. "To the contrary, the evidence suggests that the sexual activity, while foreseen by Mr. Mitchell, was incidental to the primary purpose of the trip," the defense wrote in its motion.
Mitchell is facing a two-count indictment in federal court; kidnapping and illegally transporting a minor across state lines. Defense attorneys say in order for count two of the indictment against Mitchell to be proved, prosecutors must prove beyond a reasonable doubt that "a significant, or dominant, or motivating purpose of the travel from Utah to California was that Smart would engage in illegal sexual activity."
Smart testified that she was raped almost daily by Mitchell after being kidnapped, the defense argued. "To put it bluntly, Mr. Mitchell had no need to travel outside of Utah for the purpose of engaging in sexual activity with Ms. Smart," the defense wrote. Mitchell's main purpose in going to San Diego was to find additional wives and get to a warmer climate, the defense argued.
They also contend that Smart's near discovery at the Salt Lake City Library by a police officer who stopped and interviewed Mitchell did not provide any additional motive for Mitchell to leave Utah, which he had already planned to do before the library encounter.
Within 24 hours of their arrival to California, Smart was raped.
(Excerpt) Read more at deseretnews.com ...
Unbelievable. The federal indictment contains 2 charges, interstate kidnapping and unlawful transportation of a minor across state lines with intent to engage in sexual activity. I do believe the federal attorney did prove the case of interstate kidnapping. Legally, I'm not sure of the intent of engaging in sexual activity. Morally and with commonsense, of COURSE Mitchell transported Elizabeth Smart wherever he wanted for the express intent of having her fulfill the duties of a wife in his reasoning. Which includes sexual rape and activity of a minor against her will.
Unreal
The only thing that worries me is that the prosecution and defense agreed before the trial that no testimony alleging Brian David Mitchell sexually abused children would be allowed. Then the prosecution shows the video of the questioning of Mitchell and the interviewer brings this up? And the prosecuting lawyer says he didn't realize that was in the video? Is that just sloppy work, grounds for appeal, or have I watched too much Law & Order?
Yep, our justice system at work. Everyone deserves a fair trial, but now it seems that to most lawyers the law is a game. “Let’s see if we can get a unique defense or a unique reason to throw the case out of court.” Mitchell, with the help of his defense lawyers, has really gamed the system.
They both did.. His wife got off easy I think!
Relax. This is a routine set of motions. Nothing to them.
Will be denied.
He kidnapped her from her home
He forced her to have sex with him daily
He traveled all over the place and and made her go with him.
Then this garbage. How in the world does this poor girl cope? She looks wonderful and seems to be thriving.
I try to be a good person but this guy should no longer be breathing.
He foresaw it but it was incidental? Not buying that idiotic claim.
I think the other poster is right, it is standard for def. attys to make a “you didn’t prove your case” motion. Sometimes, on a rare occasion it might really mean something, but 999 times out of 1000 (or maybe even less, really) it doesn’t.
Actually, Wanda Barzee got 15 years in a federal prison, which I do believe is pretty harsh. I would like to have seen her get life.
but this is horrible for the victim and her family to read every day....
I also don't understand why just plain statutory rape charges weren't filed....
what a crazy world we live in...
I think she should have gotten life also! 15 years is not enough.
Actually it sounds like a back door trick.
I doubt it, I would be very surprised if a Deputy US Attorney from any trial division would so obviously stoop so low, but your question deserves an answer from the US Attorneys office.
Both the Trib and the Desperate snooze are just government information outlets. Never asking tough questions in return for spoon fed stories.
Too busy, not enough staff, the dog ate my loafer tassles. Nonsense.
You will rarely, make that never, see sloppy work or lack of preparation at this level.
Literally, it is
The United States of America v. Little Old You and some lawyer your mom could partially pay.
They should never lose a case they have decided to try. Never. If they lose this one, there will be some sad drunk lawyers in the Oyster Bar.
I think because this is now a federal trial, those were the charges filed. I think the state of Utah courts could not deal with Mitchell legally. They didn’t have enough latitude to remove him from the court. The initial state charges were rape, kidnapping, actually 300 counts of rape, etc. Personally, I think duct tape would have handled the situation just fine. Put a piece of duct tape over his mouth for the trial and let him sit there.
I wouldn’t blame Elizabeth Smart if she stood up in court and told the judge, lawyers and court-appointed shrinks where they can go with their stupid-ass U.S. justice system.
Elizabeth has been forced to cool her heels for 8 or 9 years while the court shrinks figure out whether Mitchell is competent to stand trial. If Mitchell has a right to a fair and speedy trial, SO SHOULD ELIZABETH.
Mitchell should be executed for what he did. Then the shrinks can remove the brain from his lifeless body and debate his sanity all they want to.
Bingo. IMO, the defense is pretty bad. They aren’t proving their point that Mitchell is crazy and didn’t know what he was doing. Mitchell’s mom couldn’t remember much, Mitchell’s father is cruel, and probably a little nuts. However, many people come from dysfunctional families and don’t kidnap and rape 14 year old girls for months on end.
Of course, now we’ll have endless appeals by the attorneys, paid by us (Mitchell has public attorneys.) Can’t win for losing, except that it is worth it if he is kept off the street forever.
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