This is an archived article that was published on sltrib.com in 2010, and information in the article may be outdated. It is provided only for personal research purposes and may not be reprinted.
To read part two of Elizabeth Smart's testimony on Nov. 9, click here: http://www.sltrib.com/sltrib/home/50639245-76/smart-viti-yes-cable.html.csp
To read part three of Elizabeth Smart's testimony on Nov. 10, click here: http://www.sltrib.com/sltrib/home/50647494-76/elizabeth-mitchell-smart-viti.html.csp
For more testimony transcripts, including Wanda Barzee, click here: http://breaking.sltrib.com/mitchell
Below, The Salt Lake Tribune is providing an accurate-as-possible transcript of what is happening in the federal courthouse in Salt Lake City. The Tribune is making every attempt at accuracy and timeliness, and will update this story as the day's proceedings continue.
WARNING: Some of the statements made in court contain graphic language.
Come forward and be sworn in. Right before the clerk of court.
[Sworn in]
Elizabeth Smart: Elizabeth Ann Smart. [She spells it.]
Judge: Excuse me, push the mic up a little. Go ahead Mr. Viti.
Assistant U.S. Attorney Felice Viti: How old are you?
Smart: I'm 23.
Viti: What is your date of birth?
Smart: November 3, 1987.
Viti: Where do you currently reside?
Smart: In the upper Avenues.
Viti: Do you live anywhere else at this time?
Smart: I'm living in Paris, France.
Viti: How long have you been there?
Smart: For about a year?
Viti: And what are you doing there?
Smart: I'm serving a full-time LDS Mormon mission.
Viti: How long have you been in Paris, France?
Smart: For about a year.
Viti: When is your mission scheduled to end?
Smart: The end of April.
Viti: Prior to beginning your mission, what were you doing?
Smart: I was a student at Brigham Young University.
Viti: When you complete your mission, do you plan to return to BYU?
Smart: I am currently a music performance major with emphasis on harp.
Viti: I'd like to turn your attention. On June 4, 2002, how old were you?
Smart: I was 14 years old. I lived in my parents' house in the upper Avenues.
Viti: Who are your parents?
Smart: Ed and Lois Smart.
Viti: Do you have siblings?
Smart: Yes, I do. Four brothers and one sister.
Viti: What number are you?
Smart: Second of six.
Viti: What is your sister's name?
Smart: Mary Katherine Smart.
Viti: How old was she?
Smart: 9 years old.
Viti: Were you attending school at that time?
Smart: Yes.
Viti: What school?
Smart: Bryant Junior High.
Viti: What grade?
Smart: Eighth.
Viti: What were your interests in June 2002?
Smart: I was interested in excelling in school. I loved to read, loved to horseback ride, enjoyed running, I was very dedicated to playing the harp and learning how to perform with the harp.
Viti: Were you active in church?
Smart: Yes, very active.
Viti: On June 4, 2002, what if anything were you supposed to do?
Smart: I was going to attend my junior high awards assembly.
Viti: In what capacity?
Smart: I was supposed to perform the prelude music as well as accept several awards.
Viti: What did you do prior to the ceremony?
Smart: I went out running with my younger sister.
Viti: What did you do?
Smart: I came home. It was a bit rushed. We stayed out longer than we were supposed to. It was a little bit rushed. I ate as quickly as I could and changed for the awards assembly.
Viti: Did you shower for the awards assembly?
Smart: I don't remember.
Viti: Did there come a time you attended?
Smart: Yes.
Viti: What time?
Smart: I attended with my parents.
Viti: Did you play the harp?
Smart: No, I got there too late.
Viti: Did you receive an award?
Smart: Yes.
Viti: Which award?
Smart: A history award, language award, and I received a presidential fitness award.
Viti: Ms. Smart, I'd like to put exhibit 4 in evidence. You recognize that?
Smart: Yes, I do, it's a picture of me. I've just accepted my envelope of awards from my principal and was walking off the stage.
Viti: Is that what you have in your hands?
Smart: Yes.
Viti: Ms. Smart, after the assembly what did you do?
Smart: We went home and we did the normal evening things, got ready to go to bed and gathered together for family prayer. And we went to our separate rooms and I read for quite a while to my younger sister.
——
Viti: Ms. Smart, prior to gathering for family prayer, did you and your dad do anything?
Smart: Yes, we went through and closed windows and locked doors.
Viti: Did you close all the windows?
Smart: No, I did not.
Viti: Which window didn't you close?
Smart: There was one window above my kitchen sink I didn't close because the smell of burnt food was still lingering in the air.
Viti: Could you describe the window you didn't close?
Smart: There is a big square window right above the sink. On either side of the big square window there are smaller, skinnier rectangular windows. And they are able to be opened and closed, and I did not close the rectangular window on the right side of the bigger square window.
Viti: The right side if you're looking from inside the house?
Smart: Yes.
Viti: I'd ask you to look at government exhibit 13. What is that?
Smart: It is a picture of the inside of our kitchen.
Viti: Hopefully, Ms. Smart, the pointer is still there. Could you point to which window you did not close?
Smart: This window right here.
Viti: How do you open and close that window?
Smart: There is a hand crank that you crank it open with.
Viti: Ms. Smart, on June 4, 2002, did your home have an alarm system?
Smart: Yes, it did.
Viti: Was the window that you described part of that alarm system?
Smart: No, not that I know of.
Viti: Are there any doors in the vicinity of the kitchen?
Smart: Yes. There is a door even further right on the other side of the cupboards. Next to the refrigerator.
Viti: Using exhibit 13, could you show the jury where that door is?
Smart: Yes, it's right here.
Viti: If you could put up government exhibit 14 please. What is government exhibit 14?
Smart: That is a picture of the outside of the kitchen door and a set of kitchen windows.
Viti: Are those the same kitchen windows over the sinks?
Smart: Yes, those are.
Viti: Ms. Smart, was the kitchen door on June 4, 2002, wired or set up for an alarm?
Smart: Yes, it was.
Viti: Was there anything unusual about that particular door that evening that you recall?
Smart: I remember when it was opened it didn't beep. All the doors in our house beep when you open them up.
Viti: Do you know why it didn't beep?
Smart: I believe the magnet that triggers the beep had fallen out or become disconnected or something.
Viti: After you and your dad finished checking your home, what did you do?
Smart: We went upstairs for family prayer.
Viti: What happens in family prayer?
Smart: Just at the end of every day, my siblings and parents, we gather together and one of us says a prayer where we just thank our heavenly father for things we've been blessed with and ask him for things that we need.
Viti: Was this something you and your family did on every evening?
Smart: Yes.
Viti: On June 4, 2002, could you tell the jury where you slept?
Smart: Yes. I slept in my parents' home. I shared a bedroom with my younger sister. On the upper level of our home.
Viti: I'd ask [inaudible] ... looking at exhibit 18, do your recognize that?
Smart: Yes. ... It's a picture of my bedroom that I shared with my younger sister.
——
Viti: Could you show us which side of the bed you slept on?
Smart: Yes. I slept right there.
Viti: Where did your sister Mary Katherine sleep?
Smart: She slept right next to me.
Viti: As look at government exhibit 18, what is next to the bed as you look at the photograph?
Smart: My desk.
Viti: What did you wear to bed that evening?
Smart: I wore a pair of red, silky pajamas.
Viti: Can you describe it?
Smart: It was a set. The top buttoned up. It had a collar. It was short-sleeved. The pants had, not drawstring, but elastic at the top.
Viti: Where were the pajamas obtained?
Smart: We have a good family friend who travels to Vietnam frequently who brought them back.
Viti: Does anyone else in your house wear them?
Smart: Yes, my mother did.
Viti: Were they the exact same style?
Smart: Yes.
Viti: May I approach the witness?
Judge: Yes.
Viti: I asked you to look at government exhibit 5. Could you tell us what those are that constituted government exhibit 5?
Smart: These are my mother's.
Viti: Are they the same as the pair you had?
Smart: Yes, they are the same pair of red silk pajamas that I had.
Viti: Agent, if you would hold up the pajama top by the collar please. Ms. Smart, using that pajama top, is there anything you did or anything special you did to wear those pajamas?
Smart: Growing up and at that age, I was very modest and very shy. I didn't feel comfortable with the collar being open, safety pinned it closed.
Viti: There was no button at top when you closed it?
Smart: No.
Viti: Was that a fashion statement?
Smart: No, not at all.
Viti: On June 4, 2002, when you went to bed, did you immediately go to sleep?
Smart: No, I stayed up reading to little sister.
Viti: What did you read?
Smart: I read a book called Ella Enchanted.
Viti: After reading for the evening, what did you do with the book?
Smart: I put it on my bedside table — my desk.
Viti: Ms. Smart, I am showing you what's been marked government exhibit 60, do you recognize it?
Smart: Yes.
Viti: What does this appear to be?
Smart: It appears to be the book I read to my sister on the evening of June 4.
[Viti walks it over and shows to jury]
Viti: Could we see government exhibit number 18? Ms. Smart, looking at government exhibit 18, using your laser pointer, can you point to that object on right side of desk? What is it?
Smart: It is the book "Ella Enchanted."
Viti: Thank you. Ms. Smart did there come a time on June 4 when you fell asleep?
Smart: Yes.
Viti: What happened when you fell asleep?
Smart: I was woken up.
Viti: What woke you up?
Smart: There was a strange man, and I could feel something cold across my neck.
Viti: You said it was a man's voice. What did that man's voice say? What was your first recollection?
Smart: I don't remember the exact wording. He said "I have a knife to your neck. Don't make a sound. Get out of bed or I will kill you and your family."
Viti: Did you feel something on your neck?
Smart: Yes, something cold and sharp.
——
Viti: Could you describe the tone of this man's voice?
Smart: It was soft but very serious.
Viti: At that time, did you recognize the voice at all?
Smart: I did not.
Viti: When you heard this voice, could you describe what you felt?
Smart: I remember it was repeated two times. The first time I was somewhere between sleep and being awake. Then I heard it again and I was immediately wide awake. I don't know that I could exactly describe what I felt — other than I knew how deadly the situation was. I was scared. I was extremely scared.
Viti: As a result of hearing that voice, what did you do?
Smart: I got up. I did what it said.
Viti: What happened when you got up?
Smart: The man grabbed hold of my arm and at knife point sort of led me in the direction of the closet.
Viti: At this point, where was the knife?
Smart: It was still directed at me.
Viti: Do you remember what part of your body?
Smart: My middle section. My back, I believe.
Viti: Did he say anything when you got out of bed?
Smart: I don't remember.
Viti: Did there come a time when you arrived in your bathroom?
Smart: Yes.
Viti: What happened when you arrived in your bathroom?
Smart: We walked directly to the bathroom and into the closet and he turned the light switch on or I did. I don't remember. He told me to get shoes. As I reached for a pair of slippers he stopped me and told me to get my tennis shoes instead.
[Viti submits exhibit.]
Viti: I'd ask you to look at exhibit 21. What is it?
Smart: It is a picture of my bathroom going into my closet.
Viti: Is there a light in the closet or the is there just a light in the bathroom.
Smart: There is a light in the closet.
Viti: Is that the light that was turned on that evening?
Smart: Yes.
Viti: At that point ... did he say anything to you?
Smart: He said he was taking me hostage — for ransom.
Viti: When he told you that how did that make you feel?
Smart: I was shocked. I thought I was having a nightmare. I was — it was just indescribable fear.
Viti: When you were in the closet were you able to see him better?
Smart: Yes.
Viti: Could you describe what you saw?
Smart: Yes. He had on dark clothing. He had on gloves and he had on a stocking cap. He had longer hair and a beard. He had on hiking shoes. He had his knife.
——
Viti: Can you describe the knife you saw when you were in the closet?
Smart: It had a handle and a blade. It was not a pocket knife, the blade didn't slide into the handle. It was a solid knife. I remember the knife being dark.
Viti: Were you able to see the blade of the knife at the time? Was there anything unusual that you noticed?
Smart: I remembered on part of the blade there were jagged parts. It was not smooth. There were some jags — a jagged blade.
Viti: Did you ask what shoes to take or did he tell you what shoes to take?
Smart: He told me what shoes to take.
Viti: What shoes did he tell you to take?
Smart: They were my tennis running shoes.
Viti: After you picked up my tennis shoes, what did you do?
Smart: He was holding on to me, onto my arm, and he led me out of my closet and out into the hallway. He started straight down the hallway and he went past the stairs, so he had to backtrack to get the stairs. He asked me what was the quickest way out. I said the sliding door behind us, but he didn't listen to me. He directed me out of back kitchen door.
Viti: Let's back up to your closet one more time. Did you put your shoes on?
Smart: No.
Viti: Did you try?
Smart: Yes.
Viti: What happened when you tried?
Smart: He told me to take them with me.
Viti: Government exhibit 7 please. Using government exhibit 7 and using your and laser pointer, could you trace the path that this individual had you take? I withdraw the question. First, what is government exhibit number 7?
Smart: It's the floor plan of the upper level of our house.
Viti: Could you trace the path you took?
Smart: Yes, so I started out in bed, then to the closet and got my shoes. Then we walked just past stairs a little bit, backed up a little bit and then down the stairs to the main level.
Viti: When you go down to the bottom of the stairs, where are you now?
Smart: We are right in front of our main doors.
Viti: Could you show us government exhibit 2? Do you recognize government exhibit 2?
Smart: Yes, it's a floor plan of our main floor.
Viti: Show us what path you took or you were made to take once got to the foot of stairs.
Smart: We went through the kitchen, around the pantry and right out the back kitchen door.
Viti: Can you put on government exhibit 7 one more time? When he asked you what the quickest way out was, could you show us the door?
Smart: It's right here.
Viti: That's the sliding door?
Smart: Yes.
——-
Viti: Ms. Smart, during the entire time you were in the house with this man, where was the knife?
Smart: It was always directed at me. It was always pointed at me.
Viti: Did he make any threats once you descended the stairs?
Smart: I just remember him telling me not to make a sound, otherwise he would kill me and my family.
Viti: Throughout the time you were in your home with this man, was he holding you?
Smart: Yes.
Viti: Ms. Smart, can you tell us what happened when you exited your home?
Smart: We walked up to where ... that sort of side yard to the backyard, to the top of our property, at which point I was instructed to put my shoes on.
Viti: What did he say to you?
Smart: I asked him why he was doing this? He said he was taking me hostage.
Viti: What happened after he told you he was taking you hostage?
Smart: We continued to head up through the lot that's above my backyard, up to a street called Tomahawk.
Viti: This lot that you cross, could you describe it?
Smart: There is some scrub oak and there is a lot of dry weeds.
Viti: Is it a backyard? It's not developed?
Smart: No.
Viti: Did he stop in the lot for any reason?
Smart: Yes. He stopped to pick up some green bags that he slung over his shoulders, that had things inside of them.
Viti: How many green bags did he have?
Smart: Two.
Viti: Just describe the bags for the jury.
Smart: They were an Army green color. He had tied the tops together with a piece of material, and then one bag would sling over the front of him while the other would sling over the back.
Viti: He carried both bags himself?
Smart: Yes.
Viti: He didn't carry these bags in his hands, did he?
Smart: No?
Viti: What did he have in his hands?
Smart: He still had the knife in his hands.
Viti: After you proceeded through this lot, where did you go?
Smart: There is a street that runs along the top of the lot. Tomahawk. It's on the side of a mountain, so it's not just flat. There's a hill. There's a slope. We started to go down the slope and there was a car that came driving by. So I was immediately pushed down behind a bush.
Viti: Who pushed you down?
Smart: The defendant.
Viti: When you were pushed down, were you able to observe the car?
Smart: Yes, I was.
Viti: What kind of car was it?
Smart: It was a police car.
Viti: How did you know that?
Smart: I could see the writing on the side and the lights on top.
Viti: When this man pushed you down, did he say anything?
Smart: Yes. He said, "If this is the work of God, then let this police car pass without finding us."
Viti: Did he tell you what to do?
Smart: He told me to stay down, not to move or to say a word, or I would be killed.
Viti: When the police car passed, about how far were you and this man from that car?
Smart: When it passed in front of us we were within 10 feet.
Viti: And you were behind a bush?
Smart: Yes.
Viti: What happened after the police car passed?
Smart: I was immediately forced to stand up and run across the street to where there is the beginning of a trailhead. There's a trailhead across the street.
Viti: Prior to June 4, 2002, had you ever been on this trailhead?
Smart: Yes.
Viti: What happened when you reached the trail head?
Smart: He told me to start going up the trailhead and he was right behind me with a knife at my back. We started up the trailhead and I remember asking him why he was doing this, and that I had never done anything wrong. I didn't know who he was. I asked him who he was.
Viti: How did he respond to your questions?
Smart: He said he would explain a lot to me later, when we got to where we were going. And I remember asking him if he realized what he was doing and he said he did. And I remember saying that if he let me go right now, that we wouldn't press charges on him. He said he knew exactly what he was doing and that he understood the consequences of his actions.
——
Viti: When he said this, was he speaking in any kind of strange English, old English or archaic English?
Smart: No.
Viti: Did there come a time when, [withdraws his question.] Does this trail take you up in elevation?
Smart: Yes.
Viti: Did there come a time when the trail ended?
Smart: There came a time when the trail continued, but we didn't continue up the trail.
Viti: What happened?
Smart: There was a dry stream bed that continued to go back, straight back up into the mountains.
Viti: By the time you were forced onto the trail and forced onto the stream bed, did you make stops or frequent stops?
Smart: No.
Viti: When you got to the streambed, can you tell us what happened?
Smart: I was still in front and he told me to go up the stream bed. I continued up the stream bed, he was right behind me. I remember praying and pleading to find a way to escape to run away from him, but there were steep slopes on either side of the stream bed. It seemed like a wall of scrub oak on either side. I continued up and every now and then, I remember saying to him as well that if he was just going to rape and kill me I requested he did it closer to the trailhead so someone could find my remains. He just requested we keep going. As we were further up, he would make more frequent sops, stop to urinate, or he'd say we are just going to wait till the sun comes up, but that would last a couple minutes and then we would keep going.
Viti: Were you able to get a look at this individual?
Smart: Yes.
Viti: Where were you?
Smart: In the stream bed, but he had taken a momentary pause to relieve himself, and I remember looking at him and I just remember the name Immanuel come to me and remember saying why did he try to do this because my parents had only tried to help him.
Viti: So you recognized his face?
Smart: Yes. I recognized him to be the man who had worked on our house a little bit, who my parents had paid to work on our house.
Viti: Ms. Smart, I ask you to look at government exhibit 22. Do you recognize him?
Smart: Yes.
Viti: Who is he?
Smart: That is the defendant.
Viti: Is that the man who took you on June 4, 2002, on that stream bed?
Smart: Yes.
Viti: Did he have a beard?
Smart: Yes.
Viti: Let it reflect that the witness has identified Brian David Mitchell. Ms. Smart, had you seen the defendant before the morning of June 5, 2002? I'd like to turn your attention to first time you ever saw the defendant.
Smart: I was out with my mom and we were out shopping downtown.
Viti: Do you recall when?
Smart: It was the beginning of the school year, early autumn.
Viti: Early autumn 2001?
Smart: Yes.
Viti: Describe what you recall of that meeting.
Smart: I don't remember too much, but I remember him asking for help and my mom giving him I think it was 5 bucks and asking if he needed some work, if he was looking for work, and him saying yes.
Viti: Do you recall — could you describe what he looked like at the time?
Smart: He looked like a normal person, clean-shaven, short-haired. He didn't look homeless by any means.
Viti: What was he wearing?
Smart: I don't remember that.
Viti: Was he wearing normal clothes?
Smart: Yes.
Viti: Was he wearing robes?
Smart: No.
——
Viti: I'd like to turn your attention to the second time you met the defendant. Do you recall when that was?
Smart: Yes. That was at my house. I believe it was in November before Thanksgiving. I didn't see him very much. I didn't speak to him at all. I just remember he finished working and he was waiting for my parents to pay him. I had been upstairs working on a school project and, from where my bedroom was, the wall comes out and there's a railing and you can just sort of look over the edge. I just remember looking over the railing and seeing him there. And that's what I remember.
Viti: So you were ... that day do you recall going into your bedroom?
Smart: Yes.
Viti: While he was still there?
Smart: Yes.
Viti: Do you recall if you ever exited your bedroom while he was still there?
Smart: When I looked down from my room?
Viti: And where are those skylights located?
Smart: They are directly above our ... in our front entrance. Right above that main crossing where you can go into the master bedroom or the other bedrooms.
[Viti requests exhibit.]
Viti: Ms. Smart, using government's exhibit 3A, could you point to the skylights?
Smart: Yes. They're right there.
Viti: And where is your bedroom in that photograph?
Smart: Right off in this direction.
Viti: Do you know what the defendant was doing that day? What kind of work he was doing?
Smart: He had been working up on the roof, around the skylights.
Viti: And both of those are skylights, is that correct?
Smart: Yes.
Viti: And on that day, you went into your bedroom and out of your bedroom while he was still there?
Smart: Yes.
Viti: Can you describe what he looked like on the day you saw him at your home?
Smart: He still looked like a normal person, about the same as when I saw him the first time: clean shaven, short hair, normal clothes.
Viti: Did you speak to him on that occasion?
Smart: No.
Viti: On that day, did you hear anybody or did you hear or find out what his name was?
Smart: Yes.
Viti: What name?
Smart: Immanuel.
Viti: Do you recall from whom you heard that?
Smart: I think it was one of my siblings.
Viti: Ms. Smart, turning your attention back to the stream bed on June 5, 2002, did you say anything to him once you recognized him?
Smart: I asked him why he was doing what he was doing. I said my parents had only tried to help him.
Viti: And what did he say?
Smart: He sort of disregarded what I said. He said ... that I was his hostage and he said I would learn and I would know more. He would tell me more when we got to where we were going.
Viti: Was there any discussion at that time about paying a ransom?
Smart: Yes.
Viti: Could you please tell us about that?
Smart: He did say that he was going to hold me for ransom. I told him that my parents would pay any amount to have me back.
Viti: What did he say when you told him that?
Smart: I don't remember. I don't recall that he said anything.
Viti: Did he do anything?
Smart: No.
Viti: When you recognized him at the dry stream bed, did you get a better look at what he was wearing?
Smart: Yes.
Viti: And did you notice — withdrawn. Ms. Smart, at this time on the dream bed — on the stream bed, I'm sorry — did he mention anyone else to you?
Smart: He said his wife was waiting for us.
Viti: When he told you that, what did you say or do?
Smart: I remember thinking maybe this man just wants a daughter.
Viti: On the stream bed, was the defendant still holding a knife.
Smart: At that point, yes.
Viti: Did there come a time when he put the knife away?
Smart: Yes.
Viti: When was that?
Smart: When we started to climb up the side of the mountain. It's very steep. It's almost like you're crawling up it it's so steep.
Viti: Were these trails that you followed — describe for the jury what kind of route you were taking.
Smart: After we turned off the stream bed, there was no trail. It was very rough terrain. It felt impossible to run around without coming face to face with the defendant. It's just very rough terrain.
——
Viti: When the defendant put the knife away, did he say anything to you?
Smart: He told me I better not try to run because I'd be caught. He threatened me again that I would be killed if I didn't do exactly what he said, and he said he had friends that could kill my family or he would kill my family if I were to escape or do anything outside of his commands.
Viti: Did there come a time when you reached the top of this difficult part of the mountain you were on?
Smart: Yes.
Viti: What happened?
Smart: By the time we had gotten to the top, the sun had come up and it was quite a bit lighter. I remember him saying we needed to make it over the top. He said that the color of my pajamas was so pretty and he didn't want runners on the top of other mountains to see me.
Viti: Where did you go after he crossed the ridge.
Smart: We started down the other side of the ridge.
Viti: What, if anything, happened?
Smart: He called out a name. He called out Hepzibah and a voice responded from a grove of trees, a stand of trees, not too far off, yelling Immanuel.
Viti: Can you describe the voice? Was it male or female?
Smart: It was a female's voice.
Viti: After you heard the voice call out Immanuel, what happened?
Smart: I remember him taking me into a grove of trees and walking down an incline to some ground that had been leveled out, there was a tent and tarps, and behind the tent was a big mound of dirt, but in front of everything there was a woman standing there. She had light-colored robes that you pull over your head, not the kind you wrap around you. She had her arms open, as I walked down, she grabbed me and wrapped her arms around me.
Viti: Had you seen this woman before?
Smart: No.
Viti: This is government exhibit 24. Do you recognize it?
Smart: Yes.
Viti: What do you recognize it to be?
Smart: The wife of the defendant.
Viti: The woman you identified to us as Hepzibah?
Smart: Yes.
Viti: Do you now know her by another name?
Smart: Yes.
Viti: What is that name?
Smart: Wanda Barzee.
Viti: Ms. Smart, could you tell us about what time it was that you arrived at that camp?
Smart: It was still early in the morning. The sun was up but it was definitely before midday.
Viti: Do you know approximately how long it took you to get from the trailhead before you entered to the campsite?
Smart: Probably between three and five hours.
Viti: Was it a difficult trip — physically challenging?
Smart: Yes.
Viti: And did the defendant stop along the way during this 3- to 5-hour trip?
Smart: Yes he did.
Viti: For what purposes?
Smart: He had to urinate.
Viti: Did he stop for food and water?
Smart: He had water in the two green bags he had with him and he'd
stop to take a drink.
Viti: Did he ever offer you any water?
Smart: I...I...He did offer me water but I couldn't drink anything.
Viti: During this trip, did he express concern about being observed or caught?
Smart: Yes.
Viti: Can you describe when?
Smart: It was when we were on top of the mountain ridge. He didn't want runners on the tops of other mountains to see me in the red as well as at the beginning of our climb when the police car drove by. He didn't want to be caught there either.
Viti: On top of the ridge, when he mentioned the pajamas, did he do anything about it or have you do anything about it?
Smart: I remember him not wanting to spend a long time on top of the ridge, he wanted to get down to other side very quickly. I have a vague memory of a grey shirt, but I couldn't tell you exactly if I put it on or not.
——
Viti: Your honor, may we have a moment just to move to the next exhibit.
Judge: Sure.
Viti: Ms. Smart, I'd ask you to look at government exhibit 1 in evidence. And maybe if it's OK with the court, Ms. Smart could get to the side of it if she could move the microphone. ... Just turn the mic.
Judge: Be sure to speak right into it though.
Viti: Maybe using the laser pointer. Using government exhibit 1, could you show the jury where your home is depicted in that exhibit?
Smart: My home is right here.
Viti: And using the laser pointer, could you trace the path that you were forced to take on June 5, 2002.
Smart: Yes.
Viti: Could you point to that ridge that you told us about. ... and then where was the campsite, if you could use that exhibit.
[Smart points.]
Viti: Thank you, Ms. Smart. After Ms. [Wanda] Barzee [Mitchell's wife] hugged you, can you tell us what happened?
Smart: She took me into the tent.
Viti: Please describe at that point what you saw in the camp itself.
Smart: There was a tent, maybe a six-person-size tent. In front of the tent there was a trap that had been laid on the ground. Above that was another tarp that hung over the top of the tent, sort of making a roof. There were several trunks. The blue Rubbermaid sort of type. There were kitchen things out, like a very ... a lot of items that you would see in a kitchen. A very well-stocked sort of camp. Behind the tent there was a big mound of dirt.
Viti: Describe what happened when you went into the tent.
Smart: I went into the tent and she had a blue sort of basin, the kind that they give hospitals or mothers when they first have their brand-new babies that they wash their babies in. There was a tub like that, and it had warm water. There was a bucket turned upside down that I sat on. The rest of the tent was just filled with bedding. I remember her taking me into the tent and I put my feet into the hot water because she took off my shoes. Then she tried to have me remove my other clothing, my pajamas, and I refused to. And she said she needed to bathe me. I said I had just taken a shower the night before. She yelled out to the defendant that I had taken a shower the night before and was that OK. He said, "Yeah, that's OK."
Viti: Ms. Smart, let me interrupt you just for a moment. Where was the defendant when this was going on?
Smart: He was outside of the tent somewhere.
Viti: Did he instruct Ms. Barzee before you went into the tent?
Smart: No, not that I recall. It just was as soon as I got there, it was just immediate action.
——
Viti: Did Ms. Barzee tell you to put your feet in the blue basin or the blue tub?
Smart: She took my shoes off and put my feet in the blue basin.
Viti: What happened when you told Ms. Barzee that you had showered the previous evening?
Smart: She yelled out to the defendant and asked what she should do, that I was refusing to allow her to bathe me and that I had showered the night before.
Viti: What did he say?
Smart: He said that's OK.
Viti: Did Ms. Barzee tell you to take off your pajamas?
Smart: Yes she did.
Viti: What did you say.
Smart: I said no.
Viti: How did she respond?
Smart: She said if I didn't take them off, she'd have the defendant come in and rip them off me.
Viti: What happened?
Smart: I said I would take them off and she handed me a robe you could put on over my head like hers. I put it on and took off my pajamas underneath.
Viti: What happened when took your pajamas off?
Smart: She told me to take off my underwear.
Viti: What did you say?
Smart: I said no.
Viti: What did she say?
Smart: She said the same thing, that she'd have the defendant come in and have him rip them off.
Viti: What did you do?
Smart: I took off my underwear.
Viti: What did she do after that?
Smart: She went out of the tent.
Viti: What did you do?
Smart: I was on the bucket crying and the defendant came into the tent.
Viti: What was he wearing?
Smart: He had on similar robes, with a sash that tied around the middle, made out of that same linen material.
Viti: What happened after the defendant entered the tent?
Smart: I was crying a lot so I didn't realize what was going on at first. Then I heard him say that he said by the power of the holy Melchizedek priesthood that I hold, I seal you to me on this Earth, and what is sealed here on Earth will be sealed in the afterlife, and I take you to be my wife.
Viti: What did you do?
Smart: I screamed "No!"
Viti: What did he say?
Smart: He said if I ever screamed like that again, he'd duct tape my mouth.
Viti: What happened?
Smart: He forced me off the bucket and onto the bed that he had made, where he proceeded to, um, fight me to the ground and force the robes up and he raped me.
Viti: Did you say anything to defendant to prevent him from doing this?
Smart: I begged him not to. I did everything that I could to stop him. I pleaded with him to not touch me, but it didn't work.
Viti: Do you recall saying anything about that? That you hadn't started your period?
Smart: Yes.
Viti: Could you tell us what you said?
Smart: I told him that I was just a little girl and that I hadn't even started my period yet. He yelled out to his wife and asked if that was still OK and she said it was and then he continued.
——
Viti: When you use the word rape, you mean he forced you to have sexual intercourse with him?
Smart: Yes.
Viti: Did you do anything physically to try to prevent him from raping you?
Smart: Yes.
Viti: Would you tell the jury what that was?
Smart: I tried to fight him off me. But a 14-year-old girl against a grown man doesn't even out so much. I turned over onto my stomach because I thought that if I was on my stomach that he wouldn't be able to do anything. Sadly, I was mistaken.
Viti: And when he raped you were you on your stomach?
Smart: Yes.
Viti: What happened after he raped you?
Smart: He got up and he left the tent and he shut the door behind him. He was just sitting outside the front of the tent. I could hear him there. I was just inside the tent crying. I ended up crying myself to sleep.
Viti: Do you recall waking up that day?
Smart: Yes.
Viti: Tell us what happened when you woke up.
Smart: I had to go to the bathroom. But before I went to the bathroom, I remember waking up. He was there inside of the tent. He had some metal cable that he had in his hands, that he proceeded to fasten around my ankle. I had promised myself that I was going to escape at the first moment possible and I guess he planned on that too. So he had been prepared for what he was going to do. He had the cable in his hand. I asked him what he was going to do. He said he was just going to take away the temptation of running away from him. Even though I said I wasn't, but I had every intention running away at that moment. He continued to just fasten ... bolted the cable around my ankle.
Viti: What did he use to fasten the cable around your ankle?
Smart: He ... there were ... there ... I don't know how to describe them. A small, little metal bolt-like thing. It was possible for the cable to run in one hole and there's a hole just right next to it where the cable could loop back around and go out the other hole. And there were bolt cutters. Big, heavy duty metal tools that he used to crimp the bolts closed.
Viti: Did he do this while you were in the tent?
Smart: Yes.
Viti: What happened after he secured your ankle?
Smart: I went to the bathroom.
Viti: Could you describe the bathroom — what you say is the bathroom?
Smart: It was a bucket. It was as far away as I could reach with the cable bolted to my leg. It was just a few yards away from the tent.
Viti: When he bolted the cable around your ankle, where was the other end of this cable?
Smart: It was connected to a lock. The lock not only had the cable that was directly connected to me, but it was also strung through to another piece of cable that was bolted in between two trees so that the lock was able to slide between the two trees and I was able to move the length of the two trees. The length of the cable to my ankle.
Viti: What type of lock was this?
Smart: It was a gold lock.
Viti: Was it a Master-type lock with a loop at the end?
Smart: Yes.
Judge: Pick a good stopping point.
Viti: This is great, Judge.
Judge: We'll take our break.
——
[The court resumes session.]
Judge: We'll get the jury and proceed.
Viti: Ms. Smart, could you please describe the cable that was secured to your ankle?
Smart: Um, yes, it was a twisted wire sort of cable with a plastic covering that went on top of it. It was connected around my ankle. The plastic had been cut off so it was just the raw metal against my ankle. It had been wrapped with duct tape so the ends would not cut me or scrape me anyway. There were several locks involved in the cable: one of the ends of the stationary line was locked around a tree and the other end of that made a loop at the very end and came back through it so the only way to unhook that was by cutting it or unconnecting the entire cable in the entire system. And then my cable that was connected to me that was movable was fastened with a lock with a movable cable between 8 and 10 or 12 feet long, and it was bolted around my ankle.
Viti: The cable that was between the two trees, I want to focus on that cable. How far are the two trees from one another.
Smart: Um, probably 20 feet.
Viti: And the lock you described, did that give you the ability to move along the cable from one tree to the other?
Smart: Yes.
Viti: And how far would you be able to go once you were locked or tethered within that system, how far within the camp were you able to travel?
Smart: From one end, I was able to reach the bucket that was used as the bathroom and on the other side I was able to reach behind the tent. I mentioned there was a large mound of dirt, the defendant had been digging an underground home, and I could go into the entrance of the underground home.
Viti: Ms. Smart, you mentioned there was a lock that was attached to the cable that was secured to the trees, one of the trees. Did the defendant have a key to the lock?
Smart: I never saw it, but I believe so.
Viti: Did the defendant have another lock?
Smart: Yes.
Viti: Where?
Smart: There was a lock at the end of my cable, the stationary cable.
Viti: Where did the defendant keep the key to this lock?
Smart: On his neck on a green lanyard.
Viti: Your honor, may we approach the witness? ... Ms. Smart, I'd like you to take a look at 31a, government exhibit 31a, to take a look at that. I want to ask if you can recognize that. What do you recognize it as?
Smart: The cable bolted onto my ankle
Viti: How do you recognize that as that cable?
Smart: Because I can see where the plastic has been taken off of the part that was connected around my ankle. I mentioned there was duct tape, and there is still duct tape on it, and remnants on the bolts where it was bolted.
——
Viti: Ms. Smart, I'm going to ask you to look at government's exhibit 31C in evidence. Do you recognize 31C?
Smart: Yes.
Viti: What do you recognize that to be?
Smart: It is the stationary cable that ran between the two trees.
Viti: How do you so recognize that? How do you so recognize it as that?
Smart: Because I can see where the parts that were around the tree rubbed off — or part of the tree rubbed off onto the cable. I recognize the markings in the bolts at the end.
Viti: When you say the markings in the bolts, are those the silver bolts?
Smart: Yes.
Viti: How were those markings made?
Smart: By bolt cutters.
Viti: Just describe the bolt cutters that you describe making those markings.
Smart: They have orange handles. The handles are longer. They have a point at which they come together and then the ... it's not just a solid piece of metal like scissors or hedge clippers. The come together and when you squeeze the handle then the bolt cutters close.
Viti: May we publish that, your honor?
Judge: Yes.
Viti: I'd ask you to look at government's exhibit 32 in evidence. I'd ask you to look at it. Do you recognize what is contained that bag?
Smart: Yes.
Viti: What are they?
Smart: They are the same kind of bolts and pieces of wire cable that were used in the cable system to lock me up.
Viti: Do those have any markings?
Smart: Yes.
Viti: And do you know how those markings were made?
Smart: Yes.
Viti: How?
Smart: By the defendant's bolt cutters.
Viti: May we publish it?
Judge: Yes.
Viti: At this time, I'd ask you look at the photograph, government's exhibit 31. Do you recognize that photo?
Smart: Yes.
Viti: What do you recognize it to be?
Smart: That it is part of the upper camp where I was cabled to the trees.
Viti: Using the laser pointer, can you show the jury which tree or where you were cabled to?
Smart: Right there is a piece of the cable system that came up.
Viti: And could you show us using that close up?
Smart: There.
Viti: Where was, as you're looking at that photograph, where was the other tree?
Smart: It would have been on this side.
Viti: Use the laser pointer for that.
Smart: Like, would have come out, down along here.
Viti: Toward the bottom of that photograph?
Smart: Yes.
Viti: And is the other tree downhill from the tree depicted here?
Smart: Yes.
Viti: The cable that was strung between the two trees, was it above the ground?
Smart: Yes.
Viti: Off the ground?
Smart: Yes.
Viti: Thank you. Ms. Smart, I'd ask you to look at what has been marked government's exhibit No. 30. Do you recognize the exhibit?
Smart: Yes.
Viti: What do you recognize that to be?
Smart: The bolt cutters that fastened me to the cable system.
Viti: Is that the bolt cutter that the defendant used to fasten those metal crimps?
Smart: Yes. I believe so.
Viti: Your honor, may I publish it?
Judge: Yes. You may be published.
Viti: Ms. Smart, at this time I'd ask you to look at government's exhibit 31b — as in "boy." Do you recognize 31b?
Smart: Yes.
Viti: What do you recognize that to be?
Smart: The lock that ran along the solid or the stationary cable connecting me to it, as well as the key that went with it.
Viti: What is attached to that key?
Smart: A green lanyard.
Viti: And where would the defendant hold this key?
Smart: Around his neck.
Viti: And was that visible to you — during the time you were tethered to those trees. Was that key visible to you?
Smart: Yes.
Viti: May I publish it?
Judge: Yes.
——
Viti: Ms. Smart, let's go back to the time that the defendant was tethering you. When did you tell him that you needed to use that bathroom?
Smart: While he was tethering me.
Viti: Did he allow you to use the bathroom before or after tethered?
Smart: After.
Viti: While he was tethering you, what if anything did you say to him?
Smart: I said that I wouldn't run away.
Viti: What did he say?
Smart: He said he knew but that he was putting temptation out of my reach.
Viti: After he tethered you, what did you do?
Smart: I went to the bathroom.
Viti: Could you describe what, if anything, unusual occurred when you went to the
bathroom?
Smart: I noticed I was bleeding.
Viti: Could you describe where the bucket was located?
Smart: The tree that was shown, in government exhibit 31, right behind the tree was where the bucket was that was used as a bathroom.
Viti: Did the cabling system allow you to reach any further than the latrine or the bucket?
Smart: No.
Viti: After you used the bucket, what happened next?
Smart: I went back down to the tarp area that was just outside of the tent, and I sat down and was crying.
Viti: And at this point did the defendant say anything to you?
Smart: He said that I was very lucky and that I was being saved from the world, that I had been called by God.
Viti: Called by God? Did he explain what you were called by God to do?
Smart: I was called by God to be his wife.
Viti: At that point did he tell you who he was?
Smart: He began ...
Viti: What did he tell you?
Smart: He said he had been called by God and instructed to do everything that he had done up to that point. But he was a prophet and that the lord had taken him out of the world to begin preparing him for the day when he would re-enter the world from out of obscurity and testify with great power and call the world to repentance for the preparation for the second coming of Jesus Christ.
Viti: Did he tell you about taking other wives?
Smart: I do not remember exactly if he did at that time, but I remember him telling me that during ... something with that.
Viti: What did he tell you about that?
Smart: About taking other wives?
Viti: Yes.
Smart: He said he had tried approaching other women and asking them. He described an experience with a woman named Kelly who was African-American, talked about how they had tried to live a plural marriage together and he told me about how that had failed. He told me about another young girl who worked downtown at a shoe store. He approached her and talked about polygamy. He told me she came from a polygamous background and had run away from that community and had joined the LDS Church and she was engaged to be married to a young man. And later, when he had asked her to come away with him, she had quit working there.
Viti: Did he tell you you were the first one he tried to grab by force?
Smart: No, he described another occasion when tried to take another young girl who rode the bus. He tried to take her off the bus, but she was able to jump off and switch buses before he could jump off and follow her.
Viti: The first day you were tethered, did he say when he decided to take you?
Smart: He said when he saw me with my mother in the autumn of 2001.
Viti: On that occasion on the first day, did he tell you why he had worked at your home?
Smart: He needed to learn where I lived so he could come back and could take me.
——
Viti: Did he ever tell you wether he had ever accepted offers of work on any other occasion?
Smart: He said that he hadn't.
Viti: On that first day, did he tell you what he did to prepare to take you? What preparations he had made?
Smart: He had earlier lived in a teepee further down that canyon. That he had changed teepee sites and then they had decided to change completely and they moved far up on the mountainside — a good hike, a good ways away from everything, away from the old teepee site. The teepee was taken down and stored. They had food supplies down there. They had dishes. They had plates, tents, tarps, bedding, books, some of the essentials of living and some other things that he felt were important.
Viti: Did he tell you whether he returned to he vicinity of your home after he worked at your home?
Smart: Yes.
Viti: What did he tell you?
Smart: He said he came down a few nights before he planned on kidnapping me to scout our home out and find the best route to take. And to just look at our house. To refresh his memory on the layout.
Viti: Did he tell you how long it took him to prepare for this?
Smart: He said they had been preparing for me since they saw me.
Viti: During this conversation with him on the first day, did he tell you what he did in your room that night you were taken?
Smart: Yes. He said that first he walked over to my younger sister's side of the bed and he realized he didn't think it was me. So he walked back over to my side of the bed and he placed his hand on my chest to see if it was me.
Viti: Ms. Smart, I'd like to turn your attention to the first full night you were there. What did you and the defendant and Wanda Barzee do if you can recall?
Smart: I was still crying. I remember going to bed or him telling me to go to bed. I still had the cable connected to me. That was always there. It was long enough so that I could go inside the tent and lie down with my head at the door and the cable running along side me. He was next to me and his wife was on his other side.
Viti: Did you do anything together before you went to bed that evening?
Smart: He prayed.
Viti: How long did he pray?
Smart: Around 45 minutes.
Viti: Just so the jury understands, at this point when you were in the tent — turning your attention to the sleeping arrangements, where were your heads pointed? In what direction?
Smart: Toward the door.
Viti: And who was sleeping in the middle?
Smart: The defendant.
Viti: And where were you sleeping?
Smart: I was on his left
Viti: And was Wanda on the other side.
Smart: Yes.
Viti: I'd like to turn your attention — withdrawn. That night, did the defendant rape you?
Smart: No. He just ran his hands all over my body.
Viti: Turning your attention to the next day, could you explain to the jury what happened? The next morning?
Smart: He said that he and his wife were going to demonstrate how to have sexual intercourse in front of me and that I needed to watch and that I needed to learn.
Viti: What happened after he said that?
Smart: He also said that we needed to go the day naked and be like Adam and Eve in the Garden of Eden. So I was stripped from my clothing and he took off his as well and I was forced to go into the tent and watch them have sexual intercourse.
——
Viti: What happened after they had sexual intercourse?
Smart: He proceeded to rape me.
Viti: This time when you were raped, you were still tethered to that tree?
Smart: Yes.
Viti: Ms. Smart, you were explaining to me before the break, that first morning you were in that tent alone, raped the first time, you decided you were going to run away before you were tethered, correct?
Smart: Yes.
Viti: Can you explain what you were thinking when you made that decision?
Smart: I didn't want to spend another day with him. I never wanted to see him again, but I also — like I had seen what he had done to me so far, had seen how he had taken me from my bed, the place I thought was safest in the whole world, from in the bed next to my sister. He succeeded in taking me up to this camp, threatened me, tethered me between two trees like an animal. And at that point, I felt like it didn't matter. I felt like because what he had done to me that I was marked, that I wasn't clean, wasn't pure, wasn't worth the same. My self-worth, my personal value, was just dropped. I felt like another person would never love me, felt like I could take the risk of being killed and try to escape.
Viti: Did there come a time, Ms. Smart, shortly after you thought this that your thinking had changed?
Smart: Yes.
Viti: Would you tell that to the jury, please?
Smart: A little bit after the shock of everything that had happened, I started to think about my family, my parents, what my life had been before. It didn't matter what happened to me, my parents would always love me, no matter what he did to me. That couldn't be changed, that I still was a person of worth. I felt like prostitutes in this life had a better life than I did in that moment, and that I at least deserved that. No matter what it took, I would live. I would survive and do everything he told me to do to keep my life and my family's life intact.
Viti: Were you concerned about your family's safety at that point?
Smart: Yes.
Viti: How would you have felt if you did anything to cause harm to them?
Smart: I would have felt it was my fault. I would have felt terrible. I would have felt like I had a burden the size of a mountain to carry around with me the rest of my life.
Viti: Was part of your thinking, part of this strategy to live, did that include mimicking their beliefs?
Smart: Yes. It included everything to take away as much danger, as much threat, as I could.
Viti: Ms. Smart, approximately how long were you tethered to those trees?
Smart: Um, a month and a half, six weeks, something around there.
Viti: During the time you were tethered, were you ever untethered from the two trees?
Smart: Yes.
Viti: How were you untethered from the trees?
Smart: The key that he wore around his neck went to the lock, and he would unlock the lock, leave the lock on the stationary cable, and I would either have to carry it or drag the cable on my leg.
Viti: During the six-week period it never came off your leg?
Smart: No.
Viti: When you walked around, you were untethered from the two trees. How would you carry the cable?
Smart: In my hand.
Viti: While you were tethered to those two trees, did the defendant rape you?
Smart: Yes.
Viti: And during that period you were tethered, during that six-week period, how often would that occur?
Smart: Daily, if not more.
Viti: And would these rapes occur only while you were in the tent, or other areas of the camp?
Smart: In and outside the tent.
Viti: Where was Wanda?
Smart: She was there; she was around.
——
Viti: During the period you were tethered, did the defendant make any threats to you?
Smart: Yes.
Viti: How often?
Smart: Quite frequently. In the beginning it was a few times a day. The more I ... the less I fought back, the less often the threats came.
Viti: And what were the nature of these threats?
Smart: That I would be killed and my family would be killed or anyone who tried to help me would be killed.
Viti: Did Wanda ever threaten you?
Smart: She wouldn't threaten me directly but she would back him up. She would be his witness and say he's serious. "Do what he says. He's not joking."
Viti: Ms. Smart, during the early part of the time you were tethered, did you become aware that people were searching for you?
Smart. Yes, I did.
Viti: Could you explain that?
Smart: Yes. I remember one day sitting outside the tent, outside the buckets with the defendant's wife, and I remember hearing my name being called. I remember him immediately becoming very, very tense and I remember him saying that if I yelled out he would duct tape my mouth shut and anyone who entered into camp would be killed.
Viti: When he made these threats to you was he holding anything in his hands?
Smart: I don't believe so.
Viti: What did he do ... when you heard the voices, other than threaten you?
Smart: He just was absolutely silent. Like there was no moving or talking, just silence.
Viti: How far away from you was he when he made those threats?
Smart: He was right next to me. He had his hand on my arm.
Viti: Were you in the tent or outside?
Smart: Outside the tent door.
Viti: Did there come a time when you stopped hearing your name called?
Smart: Yes.
Viti: What happened after you stopped hearing your name being called?
Smart: He relaxed and said it was the Lord protecting us.
Viti: Ms. Smart, during the time the cable was tethered to your ankle, you mentioned at times you were untethered from the trees. What did you do when you were untethered from the trees?
Smart: It was to go and get water.
Viti: Where was the water source?
Smart: There was a stream down the mountainside and down the canyon a bit. It came directly out of the ground. It was probably a mile or so away. Maybe a little more.
Viti: Did you ever travel to this source of water alone?
Smart: No.
Viti: What else did you do when you were untethered from the cable between the trees?
Smart: That was it. No, that's not true. We would bathe and wash our clothes.
Viti: Where was that?
Smart: It was at one of the old ... they poured a gallon of thee water over our heads by the stream. But when we washed the clothes the water was brought up to one of the old teepee sites that they used to use.
Viti: Ms. Smart, during the time you were tethered, did Wanda have any discussions with you?
Smart: Yes.
Viti: What were some of the discussions you recall Wanda having with you?
Smart: We talked about her past life. Where they had been, what they had done. She talked about her previous marriage, his previous marriage, their families. They talked about how they got to be where they were at in that time.
Viti: Did she talk to you about what you were expected to do?
Smart: Yes.
Viti: Can you describe that?
Smart: Yes. She said that I was a chosen daughter of God and that I'd been saved from the world and that I need to be the wife of the defendant and be there for him whenever he wanted me and do for him whatever he wanted me to do.
——
Viti: Could you describe for the jury, allow them to get a sense of the campsite itself. What was in the campsite? I'd like to turn your attention to that underground site the defendant was building.
Smart: We were on the side of a mountain, so the defendant had begun to dig down into the side of the mountain, laid down logs, so it looked like the mountainside continued. But there was a dugout, layered the logs with plastic and dirt and plastic and more dirt. He planned to dig even deeper and turn it into an underground home. Not like the kind of homes we think of, but very, just the basic shelter.
Viti: Was food cooked at the campsite?
Smart: Yes.
Viti: How was the food cooked?
Smart: On the other side of the tent was the tarp deck, and a little way away was a fire pit that cooking was done over.
Viti: You mentioned some gear at the campsite. Was there a lot of gear at the campsite?
Smart: Yes.
Viti: Cooking utensils? Kitchen-type utensils.
Smart: Yes.
Viti: Could we pull up government exhibit 28? Ms. Smart, I'd like you to look at 28 and see if you recognize it.
Smart: I recognize it to be a layout of the tent.
Viti: Using the laser pointer, can you show the jury the tent site in which the three of you slept?
Smart: Right here.
Viti: Using the laser pointer, can you show the jury the bucket you used as a bathroom?
Smart: Right here.
Viti: Using that, could you show us where food was cooked?
Smart: Right here.
Viti: I notice on the bottom of government exhibit 28 something described as a barrel used for the stove.
Smart: That wasn't used as a stove, it was just there.
Viti: Could you tell us where this dugout is located, where he would build for a home?
Smart: Right here.
Viti: Could you show the jury the two trees that the cable had run between?
Smart: Between this tree and this tree.
Viti: And just using the laser pointer, could you just give us a perimeter of where you could reach when tethered?
Smart: I could reach from here to about here.
Viti: Could you put up government exhibit 31 please? In 31, are you able to see the fire pit or campfire?
Smart: Yes.
Viti: Could you point to it?
Smart: Right here.
Viti: Once again, where would the latrine have been?
Smart: Right behind here.
Viti: Thank you. Ms. Smart, during the time you were tethered, were you forced to drink any alcohol?
Smart: Yes.
Viti: Could you explain the first time that happened?
Smart: Yes. He had gone down into Salt Lake about 10 days after I had been kidnapped. He had wine with him. He said that we were going to take the sacrament and so he blessed and broke a piece of bread for all of us to take. Then he poured some wine into a cup, blessed it and drank some of it, gave it to his wife to drink and gave it to me to drink. And he said that we wouldn't be able to leave and that I couldn't eat anything else until I drank the wine.
Viti: Did you drink?
Smart: Yes.
Viti: What did he do after you drank the wine?
Smart: He let me eat something and then after I ate something he raped me.
Viti: Getting back to this when you were drinking the wine. Did you just have, you said a cup. Did he fill it up?
Smart: I just took a sip, but later he poured whole cup and told me I had to drink all of it. It was a mug, like that big.
Viti: May the record reflect the witness put fingers apart approximately 4 inches. Did he bless that second mug?
Smart: No.
Viti: Before he raped you, did he make you drink an entire bottle of wine?
Smart: Yes.
Viti: Before this time had you ever drank before?
Smart: No.
Viti: Had you been around people who drank alcohol before?
Smart: No.
Viti: How did you physically feel afterward?
Smart: Um, not normal. Um, I felt like everything was just kind of dulled and my senses were dulled and slower.
Viti: Ms. Smart, after the first time you drank alcohol, were there other occasions where the defendant forced you to drink?
Smart: Yes.
Viti: How often were you forced?
Smart: Every time he returned from Salt Lake City, he returned with alcohol. It got to the point where he was going down 3 to 4 times a week.
——
Viti: And what kind of alcohol would he bring back up?
Smart: Every kind. Wine, champagne, rum, vodka, gin, scotch, whiskey. A lot.
Viti: On these other occasions when he forced you to drink — let's for example use gin — he forced you to drink gin?
Smart: Yes.
Viti: Did he bless the gin before he forced you to drink it?
Smart: No.
Viti: Did he force you to drink vodka?
Smart: Yes.
Viti: Before he forced you, did he bless the vodka?
Smart: No.
Viti: The other types of alcohol you mentioned, the rum — I apologize I don't remember the others — do you recall him ever blessing those types of alcohol?
Smart: No.
Viti: How about, were there other occasions when you were forced to drink wine?
Smart: Yes.
Viti: Did he bless the wine on those other occasions he forced you to drink?
Smart: No.
Viti: Ms. Smart, during the time you were tethered now. Let's focus on that time. Were you ever forced to smoke any cigarettes?
Smart: Yes.
Viti: Do you recall the first time?
Smart: Yes.
Viti: Can you describe that for the jury?
Smart: We were sitting around at the camp, where the cooking fire was at. And he pulled out tobacco and papers and he said that in order to rise above all things I had to sink below all things first and that included smoking.
Viti: And what happened after he said that?
Smart: He proceeded to roll a cigarette for me and light it and handed it to me.
Viti: Did you smoke it?
Smart: Well. I don't know. Yeah. I don't know how much I actually inhaled though.
Viti: Had you ever — withdrawn. Was that the first time you ever inhaled or smoked a cigarette?
Smart: Yes.
Viti: Have you ever been around people who did that before?
Smart: No.
Viti: Did you smoke again?
Smart: Yes.
Viti: Ms. Smart, I'd like to turn your attention to July 4 of 2002. Do you recall that day?
Smart: Yes.
Viti: What do you recall of that day?
Smart: It was July 4. The Fourth of July. The holiday. We went ... I was able to be untethered for a little bit to go to the top of the mountain and watch the fireworks from the top of the mountain.
Viti: Did the defendant give you any instructions before you went to the top of the mountain?
Smart: Of course.
Viti: What were they?
Smart: He told me not to run away because I would be killed and my family would be killed as well.
Viti: What if anything did you do when you went to the top of the mountain?
Smart: We watched the fireworks and they had a ball at the camp so they tossed the ball back and forth.
Viti: Wanda was also there with you at this point?
Smart: Yes.
Viti: Did there come a time when you left the top of the mountain?
Smart: Yes.
Viti: Where did you go?
Smart: We went back to the camp.
Viti: What happened when you returned?
Smart: We sat around the fire.
Viti: And was there any discussion at that time?
Smart: Yes.
Viti: Could you tells us what it was about?
Smart: He said that the time had come. Well, first of all, he looked at his wife and he said "I think the time has come" and she started shaking her head and saying "Oh no. Not this." I sat there and thought what could possibly be worse than what I've already experienced. And I had no idea that there are worse things. He proceeded to say the time had come for oral sex to take place.
Viti: To whom did he say that?
Smart: He said it to his wife.
Viti: What happened after he said that?
Smart: He said we were going to go down to the tent and they were going to perform that on each other and then tomorrow the same thing would be expected of me.
Viti: Did there come a time that evening when the defendant and Wanda went into the tent?
Smart: Yes.
Viti: Where were you?
Smart: I was still by the fire.
Viti: And what happened, if anything, when they came out of the tent?
Smart: They were cleaning up and they told me to go to bed.
Viti: And on that evening did the defendant rape you?
Smart: Yes.
Viti: Ms. Smart, can you tell us what occurred the following day? July 5, 2002.
Smart: He went down into Salt Lake and he came back in the afternoon. He had always come back at night before, but he came back earlier in the day and he had alcohol with him. Hard liquor. And he said that I should drink some and I drank some.
Viti: Why did he tell you you should drink some?
Smart: Probably because ...
Viti: Did he tell you why you should drink on that occasion?
Smart: Yes.
Viti: What did he tell you?
Smart: He said afterward I would have to perform oral sex on him.
Viti: And did you drink the alcohol?
Smart: Yes.
Viti: What happened after you drank the alcohol — withdrawn. Did you know before he left the camp that morning where he was going?
Smart: Yes
Viti: How did you know that?
Smart: He told me.
Viti: Did you do anything unusual that day from the time he left and came back?
Smart: I didn't eat.
Viti: Why?
Smart: Because alcohol seemed to have a quicker effect when I didn't eat. ... I didn't want to be sober for what was coming.
Viti: What happened after you drank the alcohol that day?
Smart: I was forced to have oral sex with him.
Viti: Did anything happen before you were forced to have oral sex with him?
Smart: He was trying to kiss me and I bit him.
Viti: The first time before you had oral sex with him, before he forced you to have oral sex with him the first time, did he and Wanda do anything?
Smart: They demonstrated in front of me.
Viti: And then after they demonstrated it, oral sex, that's when he forced you to have oral sex?
Smart: Yes.
Viti: Ms. Smart, were there other times that the defendant forced you to have oral sex?
Smart: Yes.
Viti: Do you remember a time when you hurt the defendant?
Smart: Yes.
Viti: Will you recall that?
Smart: I bit his tongue. He was trying to kiss me and I bit him.
Viti: What did he do?
Smart: He pulled back and said if I ever did that again he'd never have sex with me again and I'd be the most miserable woman in the world.
[The testimony ends for the day.]