[Utah Girl]

Sorry, FR wouldn't let me put in the full title of Mitchell defense team files for acquittal, saying prosecutors failed to prove Elizabeth Smart was taken for sex

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.

Defense file for acquittal
Prosecution response file

[ColdOne]

Unreal

[Utah Girl]

Legally, does the defense have a leg to stand on here, in that the prosecution didn't prove their case in regards to the second indictment of intent. I think the prosecution did a great job of proving interstate kidnapping.

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?

[MindBender26]

Relax. This is a routine set of motions. Nothing to them.

Will be denied.

[bgill]

Can't wait for the defense to excuse the whole thing with the “it wasn't rape-rape” argument.

[MacMattico]

Unbelievable

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.

[skr]

"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.

He foresaw it but it was incidental? Not buying that idiotic claim.

[jocon307]

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.

[cherry]

I find these articles almost too gleefully posting about these rapes......almost like it was sweeps week and they need to boost their readership and we all know illicit sex draws the crowds....

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...

[fortheDeclaration]

This is why people hate defense lawyers, they will say ANYTHING to get off a guilty man.