The testimony of Elizabeth Smart
This is an archived article that was published on sltrib.com in 2010, and information in the article may be outdated.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 one of Elizabeth Smart's testimony on Nov. 8, click here: http://www.sltrib.com/sltrib/home/50632966-76/smart-viti-yes-defendant.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 other testimony transcripts, including Wanda Barzee, click here: http://breaking.sltrib.com/mitchell

Elizabeth Smart continued testifying about her 2002 kidnapping Tuesday in U.S. District Court in Salt Lake City.

Smart began testifying Monday about her ordeal at the hands of Brian David Mitchell and his wife, Wanda Barzee. She described how she was taken from her home in the middle of the night, forced to a campsite in the foothills above her home and held captive and raped repeatedly for several weeks.

The Tribune is continuing to produce its own transcript of the testimony via its reporters at the courthouse. This is a complete account of Tuesday's testimony. Smart will again take the stand on Wednesday.

WARNING: The testimony contains graphic language, including curse words and explicit depictions of sexual abuse.

Brian David Mitchell enters the courtroom singing the hymn of "Reverently, Quietly" but with different words. He then begins singing Jesus Once of Humble Birth.

Judge: Good morning everyone, we're here for continuation of the trial. We'll get the jury and continue Ladies and gentlemen of the jury, thank you for being back promptly, it's good to see you. Mr. Mitchell, you have a constitutional right to stay, but if you continue to sing or disrupt the proceedings you will be removed. [Mitchell continues to sing and is escorted out of the courtroom into a room with an audio/video feed of the proceedings.] You can resume the stand Ms. Smart, you're still under oath. Mr. Viti, as soon as we're advised that Mr. Mitchell is in the room, you can begin.

Viti: Good morning, Ms. Smart. Judge, may Special Agent LaRoe approach the witness stand?

Judge: Yes.

Viti: Ms. Smart I'll ask you to look at government exhibit 31-D as in David. Do you recognize it?

LaRoe: Yes.

Viti: What do you recognize?

LaRoe: It was part of the cable system that wrapped around the tree.

Viti: How do you recognize it?

LaRoe: Because I can see where the cable is dirty from being wrapped around the tree, and it's a little bit egg-shaped because of pulling on one of the sides of it.

Viti: Do you recognize that silver circle around that tree, Ms. Smart?

Smart: Yes.

Viti: Is that the same cable you're holding? (Smart is holding exhibit 31-D)

Smart: Yes.

Viti: Thank you. Ms. Smart, where did the defendant keep the bolt cutters we saw yesterday?

Smart: They were in a bucket far out of my reach in the underground house he was digging out.

Viti: The cable system, did it not allow you to reach the bolt cutters?

Smart: Yes.

Viti: When the defendant placed the cable around your ankle, were the other components of the cable system already in place?

Smart: Yes.

Viti: Did there come a time when you were held in the upper camp where the defendant gave you a name?

Smart: Yes.

Viti: What name?

Smart: Shear-Jashub.

Viti: Did he tell you why?

Smart: Yes.

Viti: Why?

Smart: It was out of the book of Isaiah, the son of Isaiah was named Shear-Jashub.

Viti: Did he tell you what it meant?

Smart: Yeah.

Viti: What?

Smart: It meant "the remnant will return."

Viti: Was there a time you chose another name?

Smart: Yes.

Viti: Explain.

Smart: Yes. I asked the defendant if I had to be called that name and he said he would allow me choose a middle name that I could be called for a time. However, I could not be Elizabeth or Ann, and it (the name) had to be out of the Bible.

Viti: And did you choose a name?

Smart: Yes.

Viti: What did you choose?

Smart: I chose Esther.

Viti: Did you ever speak to the defendant about your parents?

Smart: Yes.

Viti: What types of things would you discuss?

Smart: How much I loved them and how much they meant to me.

Viti: How did he react?

Smart: At first he was a little more patient with me but as time went on, he became more [pause] he didn't want me to talk about them so much. He didn't want my focus to be on them so much, so he told me to refer to them as Ed and Lois and to cut back on talking about them.

Viti: Did he ever tell you to refer to him and Wanda Barzee as mom and dad?

Smart: There was a time he told me to refer to him and Wanda as mom and dad, but it was only in public.

Viti: Did the defendant use vulgar language while being held in Utah?

Smart: Yes.

Viti: Could you describe when he used such language?

Smart: He used it fairly frequent, but he would especially use it while he was drinking or before he would rape me.

Viti: Would he use vulgar language to refer to the male and female genitalia?

Smart: Yes.

Viti: Would he use that kind of language before raping?

Smart: Yes.

Viti: Were there other times he would use vulgar language?

Smart: Yes.

Viti: Would you explain to the jury those times?

Smart: Um, he would use vulgar language. Well um, there came a time when he said that we had to sink below all things so one day we could rise above all things, and he brought pornography in the camp and he would talk about the women using vulgar terms.

Viti: The pornography, was that in California or in Utah?

Smart: That was in California.

Viti: Focus on the time in Utah. Were there times he would use vulgar language when he returned from Salt Lake City or return to the camp?

Judge, I wonder if it would be appropriate to repeat a phrase used.

Judge: Yes.

Viti: When he was returning to the camp did he ever say to you "I'm going to f*** your eyes out"?

Smart: Yes.

Viti: Would he do that often?

Smart: Yes.

Viti: What would happen when he returned to the camp and said that?

Smart: He would rape me.

Viti: And on these occasions before he would rape you would he refer to religion in any way?

Smart: No.

Viti: Ms. Smart, did there come a time when the defendant removed the cable from your ankle?

Smart: Yes.

Viti: Could you describe the events leading up to him removing the cable?

Smart: Um. The night before he gave me a key to wear around my neck and then the next morning he cut the cable off my ankle.

Viti: What did he tell you when he gave you the key? Did he tell you anything about that key?

Smart: Um ... not that I can recall.

Viti: Is this the key that was on the green lanyard? [Viti holds up a key.]

Smart: Yes.

Viti: That evening when you had that key, what were the sleeping arrangements? Where they the same as when you described them yesterday?

Smart: Yes.

Viti: What would you have had to do to use that key to unlock the lock?

Smart: I would have had to stand up right next to him, unzip the tent right next to this head, go outside and unlock the lock that connected me onto the stationary cable, coil my cable up and run down the mountainside.

Viti: Would you have had to climb over the defendant in order to reach the tent zipper?

Smart: No.

Viti: What kind of sleeper was the defendant?

Smart: He was a light sleeper.

Viti: What happened the next day?

Smart: The next day, he took the bolt cutters out and cut the cable off my ankle.

Viti: Did he say anything to you before he removed the cable?

Smart: He said, "Even though you have this cable removed of your ankle now, that doesn't change the fact that you will be killed if you try to escape. Your family will be killed. (If you try to escape)."

Viti: When he removed the cable did he dismantle the other components of the cabling system?

Smart: No.

Viti: After the defendant removed the cable from your ankle, did the sleeping arrangements in the tent change?

Smart: Yes.

Viti: Could you describe that for the jury?

Smart: Yes. Instead of our head being at the zipper of the tent, we did a quarter turn so our bodies were parallel to the tent door. I was farthest away next to the tent wall. The back of the tent, he was next to me. His wife was right in front of the tent door.

Viti: Ms. Smart, while you were still untethered were you ever left alone in the camp?

Smart: No.

Viti: Ms. Smart, I'd like to turn your attention to the date of July 23-24, 2002. Do you recall what occurred on those dates?

Smart: Yes.

Viti: Can you tell us what occurred?

Smart: Yes. He decided it was time to go and kidnap another little girl to become another wife.

Viti: Who was that other young girl? Did he I.D. her?

Smart: Yes. It was my cousin.

Viti: How was it the defendant knew about your cousin?

Smart: I had talked about when I was younger, I used to go over to her house and I used to play with her. We grew up being very close.

Viti: Did you tell the defendant how old your cousin was?

Smart: He asked me like if she babysat me or if she was my age. She is my age.

Viti: Before you told him her age, he asked you if she babysat you?

Smart: Yeah.

Viti: During these conversations with the defendant, describe the conversations you had with the defendant about your cousin.

Smart: I would just mostly talk about times we shared together. She was one of my really ... one of my closest friends at that time. He would act interested and engaged (in what I was saying). I didn't think anything else of it at the time.

Viti: When you were having these conversations did you have any knowledge of what he told you he intended to do on July 23 and 24?

Smart: No.

Viti: On July 23 what occurred?

Smart: He prepared to go down to Salt Lake and go and kidnap my cousin.

Viti: in the general vicinity, where did your cousin live at that time?

Smart: She lived very, very close to the mouth of Big Cottonwood Canyon.

Viti: What preparations did you observe him making before he left that day?

Smart: I was watching him pack the green bags that he had used when he had kidnapped me.

Viti: What did you see him pack into the green bags?

Smart: I saw him pack into the green bags some ... a change of clothing, different from his robes. I saw him pack duct tape. I saw him pack a knife. I saw him pack ... I recall him packing some food and water.

Viti: Your honor, may Special Agent Paproch talk to the witness please?

Judge: Yes he may.

Viti: Thank you. ... Ms. Smart, I ask you to look at government exhibit 42 in evidence. Do you recognize government exhibit 42?

Smart: Yes.

Viti: What do you recognize that to be?

Smart: One of his green bags that he would use.

Viti: And is government exhibit 42 similar to one of the bags you saw him pack on July 23? Is government exhibit 42 similar to the bags you saw on the morning of June 5, 2002?

Smart: Yes.

Viti: Your honor, may we publish it?

Judge: You may.

Viti: Ms. Smart, I'd ask you to look at government exhibit 25. Do you recognize government exhibit 25?

Smart: Yes.

Viti: What do you recognize that to be?

Smart: Um ... the knife that he had with him.

Viti: Ms. Smart, referring to government exhibit 25, when you saw him pack that knife ... when you say he had with him ... is that on July 23, 2002?

Smart: Yes.

Viti: When you saw that knife on July 23, 2002. Did the defendant say anything to you?

Smart: Yes. He asked if I recognized it.

Viti: What was he doing when he asked that?

Smart: He was holding it in his hands, holding it up.

Viti: What did you say to him?

Smart: I said yes.

Viti: What happened after?

Smart: He asked me if I remembered what he said too.

Viti: What did you tell him?

Smart: I tried to repeat what he said to me the night he kidnapped me. But I didn't say it exactly the way he said it. So he repeated it back to me word for word.

Viti: What did he say?

Smart: I don't know if I can repeat it exactly now. I have a knife at your neck. Don't make a sound or I will kill you or your family. Get up and come with me.

Viti: Does government exhibit 25 look like the knife you saw on June 5, 2002?

Smart: Yes.

Viti: What's similar about it?

Smart: It has a blade and the blade has a jagged part on it. The blade is connected to the handle. It's not a pocketknife or foldable or slidable at all.

Viti: Judge, may that be published?

Judge Kimball: Yes, it may be published.

Viti: I ask that you look at government exhibit 26. Do you recognize government exhibit 26?

Smart: Yes.

Viti: What do you recognize it to be?

Smart: The sheath of the knife.

Viti: What else is included in government exhibit 26?

Smart: A blue sash.

Viti: Did you see that sheath and sash on July 23?

Smart: Yes.

Viti: Did he put that knife in the bag on July 23?

Smart: Yes.

Viti: May we publish it?

Judge Kimball: You may.

Viti: Ms. Smart, can you describe the duct tape that you saw him put in the bag?

Smart: It was on a cardboard cylinder like the kind in the middle of a roll of toilet paper and he wrapped it around it.

Viti: Why?

Smart: He said it was to save on weight and room.

Viti: Look at government Exhibit 35. Do you recognize it?

Smart: Yes. It's duct tape around a cardboard cylinder.

Viti: Does that look like the duct tape he wrapped around the cardboard cylinder on July 23?

Smart: Yes.

Viti: May we publish it?

Judge Kimball: You may.

Viti: Ms. Smart, can you describe the clothing you saw him pack in the backpack?

Smart: It was dark clothing, the same he used to kidnap me in, a stocking cap, dark shirt, dark sweats.

Viti: What clothing did he leave in?

Smart: He left in the linen robes.

Viti: Did he tell you how he was going to kidnap your cousin?

Smart: He said that he was going to, um, he was going to try the same way he kidnapped me and he would take her back into Big Cottonwood Canyon and hike over the different mountains until he came into the canyon we were in.

Viti: Did there come a time on July 23 when the defendant left the camp?

Smart: Yes.

Viti: Did there come a time when he returned?

Smart: Not on the 23rd but on the 24th.

Viti: Can you tell us what happened when he returned on the 24th?

Smart: He came back and said we weren't ready to receive another wife yet and he talked about what had happened a at the Wrights' home.

Viti: What did he tell you?

Smart: He said he had snuck around the back. There was a window that was slightly open, he pulled it and opened it a little bit more.

There was a screen and he cut the screen. On the other side of the screen there were blinds that were down. He started to push the blinds so he could get in the room and on the window sill on the other sides of the blinds, there were small figurines or books. There were small objects on the other side of he blinds, so when he pushed, they fell off and that scared him so he stopped for a moment, but when he heard nothing, he thought all the objects had fallen already so he pushed again and a lot of objects had fallen off and he heard someone running down the hallway and the lights had come on and a voice yelled "Jessica."

Viti: What did he do at that time?

Smart: He said he had already started running away from that house.

Viti: When he returned on the 24th, what was he wearing?

Smart: Um, he was wearing the dark clothing.

Viti: What was he wearing on his feet?

Smart: Hiking boots.

Viti: Did he tell you how he was able to reach the window at the Wrights' home?

Smart: He said he had taken a chair and put it up against the outside of the home.

Viti: Please put up government exhibit 16. Do you recognize it?

Smart: Yes.

Viti: What do you recognize it to be?

Smart: A picture of the outside of our kitchen window with a chair up alongside it.

Viti: In June 2002, was that where it was placed usually?

Smart: No.

Viti: Where did that chair belong?

Smart: Just above, as you walk out the kitchen door, there's a smaller patio, and the chair belongs up on the patio.

Viti: Thank you. Ms. Smart, I'd like to turn your attention to on or about ... withdrawn. Did he ever give you a reason why he chose the 23rd and 24th to kidnap Olivia?

Smart: He talked about the 24th because it was a holiday and he talked about it just being a holiday. They would be not as quick to respond.

Viti: I'm sorry, who wouldn't be?

Smart: The public.

Viti: What holiday is that, for those who might not know?

Smart: It's the 24th of July. It's a Utah holiday, Pioneer Day.

Viti: Turning your attention to July 25, 2002. Do you recall if anything unusual occurred on that date?

Smart: Not in particular.

Viti: The pajamas you were wearing on June 5, 2002. What happened to them?

Smart: They were burned.

Viti: Do you recall when?

Smart: Yes. Not the exact date, but mid- to late-July.

Viti: Can you describe the circumstances of those pajamas being burned?

Smart: He said that the time had come. That I needed to sever all ties with the world. That meant my family, as well. He said that I needed to destroy my pajamas. And he said that I could choose how I destroy them. So I decided to burn them because when he suggested the idea of me just cutting them up, but I didn't want to cut them up because I didn't have the heart to cut them up. And dropping them was a lot easier than just going at them with scissors.

Viti: And did you drop them in a fire?

Smart: Yes, I did.

Viti: Did he take anything else from you?

Smart: Yes. He took away my tennis shoes.

Viti: Was that around the same time as the pajamas?

Smart: Yes.

Viti: Could you describe what he did?

Smart: He took them and came back and said he put them in a garbage can in the ZCMI food court.

Viti: Did you do anything with the shoes before you gave them to him?

Smart: There's a small circular piece of the sole that came up on the front of the toe. So before he took them, I ripped that piece of the shoe off and kept it.

Viti: In respect to the pajamas, did you do anything after they were burned?

Smart: I was sitting down by the fire and I saw the safety pin that had held the collar closed higher up. So I took the safety pin out of the fire.

Viti: Did you take anything else out of the fire?

Smart: No.

Viti: After the fire was out, did you take anything else out?

Smart: The safety pin.

Viti: What did you do with the safety pin?

Smart: I safety pinned it to the piece of the shoe onto a piece of paper.

Viti: And where did you put that piece of paper?

Smart: It was in a three-ring binder that I had at that time.

Viti: And why did you do this?

Smart: Because I didn't want to let go of my family, of my life.

Viti: What happened to that safety pin and piece of rubber from the tennis shoe?

Smart: There came a point when we had changed camps to a lower area down the mountain, that was closer to Salt Lake. The hike wasn't quite as hard, and it wasn't uncommon for them to go through this three-ring binder. And they found it and they said ... I needed to get rid of it. So I walked a little ways from where the camp was and I threw it.

Viti: Did there come a time when you were allowed to accompany the defendant and Ms. Barzee to Salt Lake City?

Smart: Yes.

Viti: Do you recall the first time?

Smart: Yes.

Viti: Tell us what happened.

Smart: We came down and came out of Dry Creek Canyon, where there is another trailhead. It was different from the one that I was taken up the night I was kidnapped. And we came out and we took the University of Utah shuttle down to a lower part of campus, where then we walked down to 400 South. We stopped and went into Wild Oats, where he stole some items. And then he said that we all needed ... he said he didn't want us going anywhere else before each of us drank a Heineken beer.

Viti: Ms. Smart, stop there. Let's go back to the time before you went down the mountain. Did he give you any instructions?

Smart: Yes.

Viti: What did he tell you?

Smart: He said to stay next to him at all times and if I tried to run away, I would be killed. He said that I wasn't to talk to anybody. I wasn't to go anywhere without him. That I needed to stay next to him at all times. And I had some blue toenail polish that my younger sister and I had painted our toenails earlier with it. There wasn't a lot but there were remnants left of that. He said I needed to get rid of it so there couldn't be any sort of mark or sign that I was Elizabeth Smart.

Viti: What were you wearing when you left the camp?

Smart: The same linen robes that defendant and his wife had on and a veil

Viti: Were you wearing anything on your head?

Smart: Yes.

Viti: What?

Smart: It was a head covering that his wife had made and it most recently had a veil piece added on to it that covered from below my eyes to the rest of my face.

Viti: How was the veil attached?

Smart: It was buttoned on.

Viti: What were you wearing on your feet when you left the camp

Smart: Um, I was wearing sandals.

Viti: And how were the defendant and Wanda Barzee dressed?

Smart: They had the same linen robes on and she had a head covering and a veil covering her face and they had hiking boots on.

Viti: Did there come a time on the trip to Salt Lake down the mountain when they changed their footwear?

Smart: There came a time when the defendant changed his footwear into same style sandal as I had on.

Viti: What did he do with the boots?

Smart: He hid them kind of behind a tree that was farther down, that was close to the main popular trial.

Viti: When he hid them or placed them near this tree, were they well hidden?

Smart: Yes.

Viti: Was it something he had to look for or did he know about it?

Smart: It was something he knew about.

Viti: I'll refer you to, um, back at the Wild Oats, what happened? Tell us about him talking about the Heineken beer.

Smart: He said that he didn't want us to go anywhere else without each of us drinking at least one beer so he went into Wild Oats and stole a six pack of Heineken, and then we went into a bathroom in another building down the street, and he made each of us drink a can of beer.

Viti: Did he tell you why you had to drink the can of beer?

Smart: He said just to, um, just to calm ourselves to keep ourselves composed, just not to be tense. I think that's what I remember him saying.

Viti: That first time you were in Salt Lake, do you recall what you did in the evening?

Smart: Um, yes.

Viti: What was that?

Smart: Um, we went to a, um, a big rave-type party.

Viti: Do you know how it was that you got to the party?

Smart: Yes.

Viti: How was that?

Smart: There was a young man who worked at Wild Oats at the time whom the defendant had been friends with, I guess you'd call it. They talked to each other, knew each other, but not well. I think this young man looked at the defendant as a guru or a spiritual sort of guide, so this young man told the defendant about the party. He said he could come if he wanted.

Viti: What is this young man's name?

Smart: Daniel Trada [phonetic spelling].

Viti: He was an employee at Wild Oats?

Smart: Yes.

Viti: What else did he do for the defendant as an employee?

Smart: Um, the defendant, in order to make it, well, he would steal from stores but so people weren't so, so people wouldn't think he didn't. He'd take a few items to the cash register and pay for them. But Mr. Trada [phonetic spelling], he would run the items over the scanner so they wouldn't ever get scanned. So he would give the store's food to the defendant

Viti: You said rave party. What's a rave party?

Smart: It's a place that had black mood lighting and black lights, a lot of music, a lot of drinking and drugs and, um, there's a lot of people, um, that, well, I didn't know existed until that point.

Viti: When the defendant entered ... withdrawn. Where was the party held?

Smart: Um it was just on Second South on the bottom of the hill, probably at 9th or 10th East. I'm not exactly sure, but that's the general area.

Viti: When you entered this house, what did you see, what did you hear?

Smart: There were a lot of people, a lot of people had the red Solo plastic cups in their hands and there was a lot of alcohol there. I saw a big glass jug. It had this white sort of root-looking thing in it that people were trying to smash to get the juice out of. I could smell cigarettes and I could smell marijuana.

Viti: When the defendant entered the threshold of that door, did he say anything to the effect of "We need to leave here, there's alcohol"?

Smart: No.

Viti: "There's marijuana"?

Smart: No.

Viti: "There's loud music"?

Smart: No.

Viti: Did he, when he entered the threshold of that home, did he say anything about religion or God?

Smart: Not that I recall.

Viti: What did he do?

Smart: He went and took a red Solo plastic cup and he started drinking, as well. He went up to this glass jug that had this root that was being smashed inside of it and he smashed it down and he filled a whole red Solo plastic cup filled with this juice stuff that was being smashed from the root.

Viti: Did anybody tell you what that liquid was?

Smart: Yes.

Viti: What did they tell you?

Smart: The defendant told me that it was absinthe.

Viti: Did he tell you what absinthe did?

Smart: He said that it was a hallucinogen.

Viti: By the way, did he consecrate the absinthe before he drank it?

Smart: No.

Viti: Before you went to the party, let me go back a little bit. What instructions did he give you?

Smart: He told me not to talk to anyone. He told me to stay right next to him and his wife. He once again threatened me with my life.

Viti: What did you do at the party?

Smart: I stayed next to him and his wife. He passed me the red Solo cup that was full of the absinthe and told me I had to take a sip. But I don't know if I even swallowed any. It was just so bitter.

Viti: Did the defendant drink anything else beside the Solo cup of absinthe?

Smart: Beer.

Viti: Was there food at the party?

Smart: Yes.

Viti: Did the defendant eat?

Smart: Yes.

Viti: Did you and Ms. Barzee eat?

Smart: No.

Viti: Why not?

Smart: He told us not to.

Viti: Was he eating a lot of food?

Smart: Yes.

Viti: After the defendant drank the Solo cup of what he claimed to be absinthe, what happened?

Smart: I don't exactly remember what started it, but he got into an argument with a girl there and they were yelling back at each other. I think he was yelling at her to repent. Um ... and, I don't exactly remember. There was this other woman who came up to us and said, "I think it's time for you to go. You need to leave now." She just sort of herded us all to leave this party, this house. And on the way out the defendant just said, "You're an angel, you're sent from God. You're such an angel." Sort of praised her the whole way out. At the very end she turned toward him and said, "I'm not an angel, but you're not welcome here. Don't come back."

Viti: Do you recall what this woman was dressed in?

Smart: Not really. I think she might have had a black shirt on. I don't really remember though.

Viti: And he started to yell "repent" after he drank the absinthe. Before he drank the absinthe was there any religious talk that you heard of?

Smart: Not that I recall.

Viti: Did anybody try to speak to you at the party that evening?

Smart: Yes. Mr. Trada.

Viti: And what happened?

Smart: The defendant came up and was very territorial. He said, "This is my daughter. She can't speak to you."

Viti: What impression did you get from the conversation you had with Mr. Trada.

Smart: It felt very much like he was flirting with me. He was hitting on me.

Viti: After you left the party ... withdrawn. Did you have any conversations with anyone else that evening?

Smart: Not that I can recollect.

Viti: What happened after you left the party?

Smart: We started to walk back up toward the University of Utah. He was just so drunk and high that he couldn't walk in a straight line. ... We finally made it up to the old University of Utah golf course. And he wanted just to spend the night there on the golf course. His wife, however, was quite upset with him and she just said, "Fine, you can act how you want to, but I'm going to take me. She was going to take me and we were going to hike back up into the mountains.

Viti: Did you and Wanda hike back up into the mountains?

Smart: Yes. We went to a location that they had used before where they had stored a smaller tent and a couple gallons of water and a few tarps and we set the tent up at this lower, easier access campsite.

Viti: Did you spend the night there?

Smart: By the time we got there it was about six in the morning.

Viti: What happened after you set the tent up?

Smart: We both fell asleep for about two hours and then the defendant showed up.

Viti: What happened when the defendant showed up?

Smart: Um, he and his wife started talking to one another and then it was decided we'd go back down to Salt Lake.

Viti: What would you do back in Salt Lake?

Smart: Um, [sigh] I don't remember exactly what took place that day, but I remember it was normal to go down to Salt Lake.

Viti: Before we get into that, you said they spoke, was Wanda angry at him?

Smart: I don't remember Wanda being angry at him. Well, actually I remember her being not angry but a little frustrated, but after they talked they were fine.

Viti: Did you hear what they talked about before she became fine or less frustrated?

Smart: Um, he said she needed to be patient with him and his weaknesses.

Viti: Did you make other visits to Salt Lake City after that first visit?

Smart: Yes.

Viti: After that first visit, what did the defendant tell you, if anything?

Smart: He would tell me where to walk, to stay close with him, not to look at people, not to talk with people. He'd tell me that if I ever tried running away that I'd be killed or my family would be killed.

Viti: Did you believe these threats?

Smart: Yes.

Viti: These trips to Salt Lake City, did Wanda always accompany you?

Smart: Yes.

Viti: On each of these trips, how were you dressed?

Smart: I was always dressed in these robes with the veil piece and the head covering.

Viti: Did you eat in restaurants in and around the Salt Lake City area?

Smart: Yes.

Viti: How would you travel in and around Salt Lake City?

Smart: By foot or by bus.

Viti: During each of these trips, did the defendant make you drink alcohol as he did the first time?

Smart: No.

Viti: Did there come times when you visited Liberty Park?

Smart: Yes.

Viti: Was that a place you visited often?

Smart: Yes.

Viti: Why did you visit Liberty Park often?

Smart: Because it was a place where you could go and not be disturbed quite as easily. There's just a large mixture of different people for the Salt Lake valley where they can go and meet.

Viti: Is that the reason the defendant told you?

Smart: Yes.

Viti: Did you ever visit Temple Square?

Smart: No.

Viti: Did you ever spend the night over at someone's house during the times you visited Salt Lake City?

Smart: Yes.

Viti: Whose home, if you recall?

Smart: We stayed the night with a family by last name of Chestnut, and we stayed the night with Mr. Trada.

Viti: I'd like to turn your attention to the night spent with the Chestnut family, could you describe how you got to their home?

Smart: I remember the defendant meeting Mr. Chestnut and I remembered them talking a little bit, and then we left, and then later that evening, I remember Mr. Chestnut coming and picking us up from Liberty Park in his car and taking us back to his apartment.

Viti: Did the defendant speak to Mr. Chestnut during this time when you went back to his apartment?

Smart: Yes.

Viti: What did he talk to Mr. Chestnut about?

Smart: Religion.

Viti: What religious denomination was Mr. Chestnut?

Smart: Seventh-Day Adventist.

Viti: What did he and the defendant discuss about religion specifically?

Smart: Um, they talked about very basic doctrine that you can find in many religions, I recall them talking about everyone being a son or daughter of God how we're all God's children. I remember them talking just about, um, trying, just trying to follow the examples given by Jesus Christ, just very mainstream beliefs.

Viti: From the conversation, were you able to overhear with Mr. Chestnut, did the defendant ever disagree with anything Chestnut said?

Smart: No.

Viti: Did you hear the defendant say anything controversial about religion?

Smart: No.

Viti: Did the defendant identify himself as a prophet?

Smart: No.

Viti: As the one mighty and strong?

Smart: No.

Viti: As the Davidic king?

Smart: No.

Viti: Did the defendant introduce you and Wanda as his wives?

Smart: No.

Viti: Did the defendant identify you as Shear-Jashub?

Smart: No.

Viti: Where did you sleep that evening, Ms. Smart?

Smart: On the living room floor of the apartment of Mr. Chestnut.

Viti: When you slept, what were you wearing?

Smart: The robe, the headpiece and the veil.

Viti: What occurred that evening?

Smart: The defendant raped me on their living room floor.

Viti: Can you tell us, you said you also slept at Mr. Trada's home.

Smart: Um, yeah went over to his apartment and he let us in and he played some music for us, never heard it before, sounded like noise, said it was called Shoe-gazing or something. There was a mattress on the floor he let us sleep on, I was on one side, the defendant was in the middle, the defendant's wife was on the other side.

Viti: During that evening, did Mr. Trada try to speak to you?

Smart: Yes.

Viti: And what happened when he tried to speak to you?

Smart: The defendant would answer back or would ... he did the talking.

Viti: I'd like you to discuss a little bit more about Mr. Trada's relationship with the defendant if we could. Did the defendant ever talk about Mr. Trada?

Smart: Yeah.

Viti: What kind of things would he say about Mr. Trada?

Smart: He would say that he was searching for the truth and that he was a little confused, but that he was closer to living more correctly than many other people. He said that he didn't really understand who the defendant was, but that his eyes weren't closed as tightly as the rest of the world's were.

Viti: Did you overhear conversations that the defendant would have with Mr. Trada? Did they talk about religion?

Smart: Yes.

Viti: Did they discuss anything controversial when the talked about religion?

Smart: No, not that I recall.

Viti: Did the defendant ever discuss, from what you heard, polygamy with Mr. Trada?

Smart: Not that I can recall.

Viti: Did he identify himself as a prophet?

Smart: No.

Viti: As the Davidic king?

Smart: No.

Viti: As the one mighty and strong?

Smart: No.

Viti: Did he ever introduce you to Mr. Trada as Shear-Jashub?

Smart: No.

Viti: Besides helping the defendant out at Wild Oats when he would shop for food, what else would Mr. Trada do?

Smart: He provided marijuana for the defendant.

Viti: Do you recall the first time you observed the defendant smoke marijuana?

Smart: Yes.

Viti: Where was that?

Smart: Liberty Park.

Viti: At that time, this first time you observed him smoke, did you smoke?

Smart: No.

Viti: During the nine months the defendant held you, did you ever smoke marijuana?

Smart: Yes.

Viti: Could you describe that time?

Smart: Yes. It was shortly after the first time I saw him smoke. We went back up the mountain to the original campsite, where he rolled a marijuana cigarette and we sat by the fire and he passed it to us. I honestly don't know if I inhaled it right or smoked it right. I didn't ... I don't think I did because he got sort of ... he got sort of selfish. ... First of all, he said you both are so high right now. You're as high as kites. You are just so high right now. But then he took the marijuana cigarette back and he just said you're not inhaling it right. You're just holding it in your mouth. He took it back and smoked it himself.

Viti: Did he consecrate the marijuana before he smoked it?

Smart: No.

Viti: Ms. Smart, did there ever come a time you visited the Salt Lake City Library?

Smart: Yes.

Viti: What brought you to the library on that occasion?

Smart: Um, he said that he felt like we needed to find a new city for a new life. He said he received a revelation that seven different wives were going to be from seven different cities so he wanted to go to the library to look at maps of different places.

Viti: What happened before you went to the library? Had he decided on a destination or was that still to be decided?

Smart: He had decided. Yes, he had decided on a destination.

Viti: What was that destination?

Smart: San Diego.

Viti: Did he give a reason why?

Smart: Um ... that it was a big city. He said that's where he felt inspired to go.

Viti: What time of the year was this?

Smart: It was the beginning of fall, the coming on of fall.

Viti: What kind of progress had the defendant made on the dugout home he was building?

Smart: He had maybe added one supporting ... one support. And maybe then a couple of shovel fulls of dirt. So minimal progress on the dugout.

Viti: Did the defendant discuss whether weather was a factor in the decision to go to California?

Smart: Yeah, he brought it up.

Viti: When you got to the library, can you tell us what happened?

Smart: We went to the bathroom and we came back and sat down at a table. And I think he had taken a little bit longer in the bathroom and I remember a man approaching us. But at the same time he was approaching us, the defendant was walking back. The man introduced himself as a homicide detective.

Viti: What happened after he introduced himself?

Smart: He wanted me to remove the veil so he could see my face.

Viti: What was Wanda Barzee doing at the time?

Smart: Her hand was clenching my leg.

Viti: Did you interpret this to mean anything?

Smart: Yes, I interpreted it to mean, "Don't say anything; don't move; don't do anything."

Viti: When the detective asked that he wanted to look under the veil, did he give you a reason why?

Smart: Um, yes.

Viti: What reason was that?

Smart: Uh, he was looking for, or a couple of telephone calls had come in and he was looking for Elizabeth Smart.

Viti: At the time that the detective said that, where was the defendant?

Smart: He was standing up in front of us facing the detective. He was in between us and the detective.

Viti: What did the defendant say, if anything, when he wanted to look under your veil?

Smart: He said that was not allowed in our religion and only my husband would see my face.

Viti: What were you wearing?

Smart: We had the robes on, the headpiece and the veil.

Viti: Was it still the veil that covered half your face?

Smart: Yes.

Viti: What did the defendant do when he told the detective it was part of your religion not to look at your face?

Smart: He asked if he could be part of their religion for the day so he could be look at my face.

Viti: How did he respond?

Smart: The defendant was still very calm and very coolly said, "No, only her husband will be able to do that."

Viti: Do you recall if he said what the consequences would be?

Smart: I don't remember.

Viti: How long did the defendant and detective talk to one another?

Smart: It wasn't very long, 5-10 minutes at most.

Viti: Did the defendant, as the time progressed, become more insistent about looking under your veil?

Smart: No.

Viti: Did the defendant identify who he was, who the defendant was?

Smart: Um, I don't remember.

Viti: Did there come a time when the detective left?

Smart: Yes.

Viti: And could you tell the jury how you felt when the detective left?

Smart: I felt like hope was walking out the door. I was mad at myself that I didn't say anything. Um, I was mad at myself for just not taking the chance, that I just felt like it was so close and I was just so ... I felt terrible. I felt terrible that the detective hadn't pushed harder, that he had just walked away. I felt upset with myself that I hadn't done anything, that I hadn't taken a chance, that maybe something would have happened to me or happened to my family, but that something might have happened. I was just very upset.

Viti: During the time the detective was speaking with the defendant, were you hoping detective would lift the veil?

Smart: Yes.

Viti: During this encounter with the detective, did the defendant identify himself as the one mighty and strong?

Smart: No.

Viti: As a prophet?

Smart: No.

Viti: As Davidic king?

Smart: No.

Viti: Did he tell him you were his wife?

Smart: No.

Viti: What relationship did he say you had?

Smart: He said I was his daughter.

Viti: Speak in any old or archaic kind of English or in Biblical English?

Smart: No.

Viti: Did he lose his temper?

Smart: No.

Viti: Did he close his eyes and sing?

Smart: No.

Viti: Did he yell at the detective to repent?

Smart: No.

Viti: What happened after the detective left the library?

Smart: We left.

Viti: Where did you go?

Smart: We went back up to the lower camp.

Viti: Was that immediately?

Smart: Yes.

Viti: Did the defendant take anything from the library?

Smart: Yes.

Viti: What did he take?

Smart: He took one of the maps.

Viti: What was it a map of?

Smart: California.

Viti: After that incident in Salt Lake City, when did you go back to Salt Lake City?

Smart: Not until the day that I was taken to California.

Viti: Did the defendant speak to you about the encounter in Salt Lake City with the detective?

Smart: Yes.

Viti: What did he say?

Smart: He said the lord was really protecting us and that it was a definite sign for us to leave.

Viti: But you never went back to Salt Lake until you left for California?

Smart: Yes.

Viti: You had mentioned that the defendant had revelations about other wives.

Smart: Yes.

Viti: Did he discuss or did Wanda Barzee discuss your role when these other wives, when you would meet these other wives?

Smart: Yes.

Viti: What was that role?

Smart: It was to be the one to demonstrate everything for them.

Viti: Did they describe what everything included?

Smart: Yes.

Viti: What was that?

Smart: Sexual intercourse and its variations.

Viti: Ms. Smart, turning your attention back to the incident at the library with the detective, did you notice it have any effect on the defendant?

Smart: Um, in what way?

Viti: Did he discuss leaving for California a lot after that incident in the library?

Smart: Yes.

Viti: Did he seem to be in a rush to leave Utah after that incident?

Smart: Yes.

Viti: Did the defendant tell you how you were going to get to California?

Smart: Yes.

Viti: How was that?

Smart: We were going to take the Greyhound bus.

Viti: Did he discuss any other mode of transportation?

Smart: Yes.

Viti: What other modes of transportation did he discuss?

Smart: Well, he just maybe talked about why we couldn't take any other mode of transportation. Planes are expensive and you need ID, none of which we had, and apparently I did not have. He talked about how hitchhiking was too dangerous, people might recognize me. He just said that the Greyhound bus would be quickest and with the least interruption.

Viti: Did ... was a departure date chosen?

Smart: Yes.

Viti: How was that chosen?

Smart: Um, he chose it. He chose it once he had enough money.

Viti: How did he get the money, if you know?

Smart: He begged for it. He asked people for it.

Viti: What preparations were made prior to the trip to California.

Smart: The upper camp was closed up. Things were packed away and put into the dugout. The lower camp was closed up. The green bags that we had were packed with what he considered were the essentials of what we would need in California. There was ... he got food for the trip. He made sure he had some extra cash for when we got there.

Viti: When you left the upper camp did you go straight to the Greyhound ... or were there any intermediate stops?

Smart: We spent the last night at the lower camp.

Viti: What happened after you spent the night there?

Smart: We left very early in the morning. We ... I remember we stopped by the shoe tree. ... then we went down to the Greyhound bus station.

Viti: How were you dressed at the time?

Smart: In the robes with the headpiece and the veil, and another veil had been added on over it that covered my eyes as well. That covered ... that went down as far as the other veil. So both veils were on.

Viti: When was that eye veil added?

Smart: After what had happened in the library.

Viti: Whose decision was it to add the eye veil?

Smart: It was the defendant's.

Viti: Did he tell you why?

Smart: He said that the world wasn't ready for the light that was in my eyes.

Viti: Did Wanda Barzee have the same eye veil?

Smart: Yes.

Viti: What reason did he give ... withdrawn. Whose idea was it for Wanda to wear it?

Smart: It was the defendant's, as well.

Viti: What reason did he give for Wanda wearing it?

Smart: It was the same reason.

Judge: Think we could stop at this point and take our first break?

Viti: That's fine, Judge.

Judge: OK. Let's take our first break.

Judge: Are you ready to proceed? We'll get the jury. You may proceed, Mr. Viti.

Viti: Thank you, your honor. Ms. Smart, did the defendant give you any instructions prior to the morning you left for the Greyhound (bus) terminal?

Smart: He said not to speak to anyone, he said to stay close to him always, do what he said, or else I would be killed or my family.

Viti: Can you describe what occurred when you arrived at the Greyhound terminal?

Smart: I remember getting there and there was a woman there and um, I was looking at her and she yelled back at me to stop looking at her and to take that rag off my face, um, yes. And then I remember after that when we were about to board the bus one of the terminal workers, one of the Greyhound bus workers, asked if he (Mitchell) had any sort of knife or weapons or that sort of thing that was not allowed on the bus. He had a kitchen knife in one of his bags so he gave the kitchen knife to the man.

Viti: You boarded the bus, did the defendant give you any instructions?

Smart: He told me to sit next to the window.

Viti: Did anyone sit next to you?

Smart: The defendant.

Viti: Where in the bus were you seated?

Smart: Um, I remember being towards the back, not at the very back, but middle-back.

Viti: Could you describe your feelings for the jury when you were on that bus?

Smart: I felt like I was being sentenced to 20 more years. I felt like the chances of me being found in California had just dropped a lot.

Viti: Did the defendant ever give you the choice of whether you could stay in Utah?

Smart: No.

Viti: Did you voluntarily leave Utah with Wanda and the defendant?

Smart: No.

Viti: I just want to discuss a few things that occurred while you were in Utah with the defendant. When Ms. Barzee made your veil, the first time, before you went downtown to Salt Lake City, did she make one for herself?

Smart: Yes.

Viti: Did she add the face veil to her own hat at the time?

Smart: Yes.

Viti: Were you ever forced to wear the robes and face veil in and around the camp?

Smart: The robes yes, the face veil no.

Viti: In your time around Utah, did the defendant ever show you newspaper articles about yourself?

Smart: Yes.

Viti: What did he show you?

Smart: I believe it was a City Weekly, it was a picture of me with Piranhas around it and pieces of the picture bitten out. He told me to just like look at the search effort and how we were being protected by God and we were protected they weren't able to find us.

Viti: During your time in Utah, could you give us an estimate of how often the defendant would drink alcohol?

Smart: Every time he went down to Salt Lake he would always bring alcohol back. And he would stay at the camp until the alcohol was gone and then he would go back down to Salt Lake. He went down to Salt Lake, probably after the first couple of times, he went down probably three to five times a week.

Viti: Would he bring back a lot of alcohol when he came back to the camp?

Smart: Yes.

Viti: More than ... withdrawn. During this time did you observe him to be intoxicated?

Smart: Yes.

Viti: Did he ever give you a reason for his drinking?

Smart: Yes.

Viti: What reason?

Smart: He said that he had to drink so he could go out and face the world. He said it helped him in going out.

Viti: And when would he return to Utah? To Salt Lake? I'm sorry. Withdrawn. Let me rephrase that. He told you that he drank the alcohol to face the world?

Smart: Yes.

Viti: Where would he drink the alcohol?

Smart: He drank it at the camp as well as in Salt Lake.

Viti: How many people were at the camp?

Smart: It was just his wife and myself.

Viti: During the time you spent in Utah, could you give us just a description of your diet while you were up in the camp?

Smart: It was quite sporadic. Oftentimes he wouldn't go back down until the food and alcohol had run out. So then we'd go a day or so without eating. But it was simple foods. When we were at the lower camp, especially, it was simple foods. At the upper camp, we did have a fire, so foods were cooked occasionally. But there was no refrigeration system. A lot of the times it was just whatever would last.

Viti: Did the defendant tell you where he obtained the food?

Smart: Yes. He said he went to Wild Oats a lot. Albertsons sometimes.

Viti: How would he justify shoplifting?

Smart: He called it plundering, and he said it was like in the Bible when the children of Israel would go and fight a city or when they would capture a city. They would go and take the goods or plunder the goods from the city and they would bring them back for the lord's purposes. So that's what he said he was doing. That's how he justified shoplifting.

Viti: Did he ever tell you that he got into any trouble for plundering?

Smart: Yes.

Viti: Could you describe that?

Smart: He told me about a time he went to Albertsons and he was caught. And how the security took him into a back room to take his picture, and how he smiled for the camera and how the guy taking the picture didn't take it immediately because he was so taken aback that this man was smiling for the picture. Then he talked about the police officers asking him his name and his Social Security number and how he wouldn't tell them for a long time. Finally, the police officer said, "If you don't tell us your name and Social, then we're going to have to take you in and go before a judge. But if you give us your name and Social, you'll be able to leave right now." After that he gave his name and Social Security. So the police pulled up his record and there was nothing on his record other than a restraining order from his mother.

Viti: Did he make any comments about the police officer?

Smart: Just that the police officer didn't understand who he was dealing with and who the defendant really was.

Viti: While you were in Utah, did you ever observe the defendant, when you were held by him, did you ever observe him panhandling?

Smart: Yes.

Viti: Could you describe it?

Smart: He would just hold his hand out and say, "Please help." If people asked him questions he wouldn't answer a lot of times until they gave him money, or he would walk away.

Viti: What would his demeanor be like when he was panhandling?

Smart: Very ... fake. Just very. To me it felt fake. But I guess to whomever saw him he seemed quiet, very ... genuine. Calm. Just very sincere in his panhandling. [inaudible]

Viti: Why did it seem fake to you?

Smart: Because when the people would walk away, depending on who it was, he would turn around and criticize them. He wasn't serious, he wasn't like — he just knew how to manipulate people. That's what he's good at, he's good at manipulating people. Like if someone gave him money but held back a little bit or gave just a little bit, he'd say "God bless you," and then say "Oh, they don't know who they're dealing with, a quarter is all they gave the lord, they will regret this" … he would say they're so prideful so full of themselves, just very negative things.

Viti: When he was panhandling did he ever proclaim he was the prophet?

Smart: No.

Viti: The Davidic king?

Smart: No.

Viti: The one mighty and strong?

Smart: No.

Viti: Would he ever introduce you as his wife while he was panhandling?

Smart: No.

Viti: Would he shout out "repent!"?

Smart: No.

Viti: Just to take back to an incident at Albertson's (grocery store). Did that occur while you were being held by the defendant?

Smart: Yes.

Viti: Ms. Smart, the times that he forced you to walk around the campsite naked in Utah, what reason did he give for that?

Smart: He said we were going to play Adam and Eve in the Garden of Eden. He said I had to sink below all things before rising above all things. Going naked would show us our true form, show us where we were at.

Viti: Did he and Wanda also go naked?

Smart: Yes.

Viti: How many times did that occur if you recall?

Smart: Um, it wasn't uncommon. Um, I don't know if I could put a number on it, but it happened maybe once a week, once or twice a week.

Viti: And while he was naked after he told you why you had to go naked, was there a lot of discussion about religion?

Smart: No.

Viti: Ms. Smart, you had mentioned that the defendant would mention revelations. Could you describe some of the revelations that you recall he had or blessing he gave while you were in Utah?

Smart: Yes. Um, he and his wife would get in fights a lot and she would be very, very upset with him because she said that he would lust after me and that he paid me too much sexual attention, so she would be very upset over this, he would always come back to her and he would say, "Hepzibah, I have something that Lord would like me to tell you," and he would keep saying that until she would listen, which was pretty quick. He would put his hands on her head and give her a blessing and he would say, "By the power of the holy Melchizedek Priesthood which I hold," and then he would give a blessing, something that would placate her. He would say, "You are a mother of Zion, a chosen daughter of God, and that the crown that awaits you in heaven is so bright and so beautiful, second only to the Savior, your dearest friend was Mary the mother of Jesus and when you were sad, the angels of heaven would weep over you, among your friends," they included Johann Sebastian Bach and some other names I don't remember, but he would say this very often, and that she needed to be patient with his weakness, and that he felt his inadequacies were so much in his calling as the Lord's servant in these latter days. That she needed to be patient because there would be a time that circumstances would change, so after that she would generally be OK, but after the blessing she would always say something like, "Emmanuel, the Lord knows me, he understands me and you need to stop, like, worrying about your inadequacies, the Lord is preparing you to do these things."

Viti: Before we get into that, the blessing you just described, it would be after she complained about him lusting after you?

Smart: Right.

Viti: Would that calm Wanda down?

Smart: Yes.

Viti: Would that make her less angry at you?

Smart: Yes.

Viti: After giving the blessing, would it decrease the frequency of your sexual abuse?

Smart: No.

Viti: When he was giving these blessings to Wanda, did you get the sense that he was taking advantage of her?

Smart: Yes.

Viti: Please tell us about the next revelation or blessing you were going to describe.

Smart: I remember another blessing when she was, um, they had fought again. She was upset again because he was drinking so much and so he said, "I feel like the Lord has something to tell you." And would give her another blessing, in this blessing I remember him saying that we had already experienced what we needed to experience with alcohol, but he still needed it, but he needed it as a support to him, to go out and face the world, and he could drink and smoke as much as he wanted or needed at that time and we were not longer to drink or smoke anymore.

Viti: So this particular blessing came after Wanda complained to him about his drinking?

Smart: Yes.

Viti: And the result of this particular blessing was he got to drink more? He didn't have to share it with you and Wanda?

Smart: Right.

Viti: Do you recall another blessing which involved a schedule?

Smart: Yes.

Viti: Can you describe that?

Smart: Yes. They got in a fight — again. Over me — again. That he was paying too much attention to me, lusting after me too much and he wasn't fulfilling her needs. And so he gave her another blessing. And in this blessing and he set up a schedule. The schedule said that from the morning until midday that he would be with her. And from midday until the following morning that I would be with him. And he could not rape me during her time and he would not have intercourse with her during the time he was supposed to be with me.

Viti: Did there come a time when he attempted to deviate from the schedule?

Smart: Yes. One day, he decided not to go into Salt Lake, but we still needed water. So he took me with him to go hike up the canyon to where we got water from before, the stream where it came directly out of the ground. On the way up, he stopped and he pulled me in close to him and he said that he needed me right then. And he said that he really, really needed me right then. I said that I couldn't, that the schedule would not permit that. And he said that, well, his wife would never know. Wanda, his wife, would never know. She didn't have to know. But I said I couldn't do that.

Viti: Did you tell him what you would do if he ... withdrawn. Did he tell you and Wanda this schedule was divinely inspired?

Smart: Yes.

Viti: What did you tell him you would do if he deviated from the divinely inspired schedule?

Smart: I told him that I would tell Wanda.

Viti: Did he deviate from the schedule?

Smart: No.

Viti: How did that make you feel, Ms. Smart?

Smart: One for the Smart team.

Viti: Ms. Smart, did he use or announce a revelation before ... about oral sex, before he forced you to perform oral sex?

Smart: Yes.

Viti: What was that revelation?

Smart: It was simply that we needed to experience all things, and that was a part of it.

Viti: Did he identify this revelation as divinely inspired?

Smart: Yes.

Viti: Ms. Smart, while you were in Utah with the defendant, did he describe to you your duties and responsibilities to him?

Smart: Yes.

Viti: What were those duties and responsibilities?

Smart: He said that I needed to be there for him at any time he wanted me. He said that not only was I his wife, but I was Wanda's handmaiden. So whatever she told me to do I should do, as well. I should be very honored in this calling and that I had been chosen above all women on the face of the Earth to fulfill.

Viti: He used the word chosen?

Smart: Yes.

Viti: Did he tell you your responsibilities to him as his wife was to have sex with him?

Smart: Yes.

Viti: Did he expect you to be his wife in California?

Smart: Yes.

Viti: Did he tell you that?

Smart: Yes.

Viti: Did he tell you as part of your responsibilities in California you were expected to have sex with him?

Smart: He didn't say it exactly like that, but yes.

Viti: Did he tell you you would have wifely responsibilities in California?

Smart: Yes.

Viti: Ms. Smart, was there ever a time in Utah when you tried to leave the camp?

Smart: Yes.

Viti: Could you tell the jury when that was?

Smart: Yes. It was back when we were at the upper camp. He had alcohol and it was a day when he had decided that we needed to be naked and he was very, very drunk. So was his wife, Wanda, and I was not as drunk as he was. And they were fighting with each other. And so I started to, I tried to quietly slip away and started to go down the trail. And I didn't make it very far. They noticed quite quickly and they told me that if I ever tried that again that I would be killed. I would be stopped by an angel with a sword and I would be cut down. He also said that he would put me back on the cable. He would tether me again.

Viti: Did you ever try to leave the camp or escape again after that time?

Smart: No.

Viti: Ms. Smart, was there ever a time in Utah when you got sick or felt ill physically?

Smart: Yes.

Viti: Can you describe that for the jury?

Smart: He had made me drink a little that day and I am not ... I do not like seafood at all. And he knew that. And he had brought back salmon, and he had put a big piece on my plate for me to eat. I could only take a couple bites and I just looked at the salmon and I threw up after.

Viti: What did he say to you when you threw up?

Smart: He just said that just showed where I was spiritually.

Viti: How did he know you didn't like seafood?

Smart: Because I had told him.

Viti: Let's turn your attention to the bus ride to California. During that bus ride, did anybody try to speak to you?

Smart: I don't remember.

Viti: Do you recall when you left for California?

Smart: Um, I think it was October, sometime in October.

Viti: Did there come a time when you arrived in San Diego, California?

Smart: Yes.

Viti: How long a bus ride was it, by the way?

Smart: It was quite long, 14 hours.

Viti: What did you do when you arrived in San Diego?

Smart: We got off at the bus station and we, well, he took the map out to look for somewhere to go.

Viti: What map was this?

Smart: It was the map he head taken from the library. And he found a small town or suburb of San Diego called Lakeside at the end of one of the metro lines and a bus ride, so we took the metro and the bus out to this place and when we got there and we looked for the lake. And I think he was a little bit disappointed because it was a man-made lake with a boardwalk around it. It wasn't a rural lake with trees in a rural area, so we found the lake with the boardwalk, and sat by the lake and he said he was going to go find our new camp, and it was shortly after that he came back and said that he found it.

Viti: What reason did he give, if any, for choosing Lakeside?

Smart: He said it would be a good place to go and have a campsite, without, we would just go find a better place to live without other people around.

Viti: How long did it take you to get to Lakeside from San Diego?

Smart: Um, between an hour and two hours.

Viti: When the defendant came back to you at the lake at Lakeside, what did you do?

Smart: We went with him to where he found a campsite.

Viti: Can you describe the campsite for the jury?

Smart: Well, it's like the Fire Swamp off of "Princess Bride," but there was a road that headed — a highway that headed up a canyon up into the mountain, headed up that road, past a high school and a couple of sports fields and like a BMX biking sort of track or jumping place, and then after that you come to a dry riverbed. It was all sandy and had all these gross dead trees, and you went down off the highway to the base of this riverbed and climbed up the other side and the other side is where the camp was at.

Viti: Was there a lot of vegetation around the site?

Smart: Yes.

Viti: Could you see it from the highway, the campsite?

Smart: No.

Smart: Could you describe what was in the immediate vicinity of this new campsite?

Smart: Um, on the backside of this camp, there were horseback riding trials. There was often times you'd see little model airplanes flying overhead, there was a model airplane park nearby, on the other side of the highway there was a large rocky mountain hill sort of place and there were a lot of cactus on the other side.

Viti: Who lived in the immediate vicinity of the campsite?

Smart: Well, there were the three of us. If you wandered down the riverbed, (you would) find other homeless camps, or if you wandered up the riverbed or on the other side of the highway, you'd find other homeless camps.

Viti: Did the defendant set up camp?

Smart: Yes.

Viti: What did he do to set up camp?

Smart: He cut down some of the branches. They're not big, thick, strong trees, just sort of the branches are very pliable. So he would take the branches and duct tape them together so they'd overlap a little in the middle and then bend them into an arch shape, and made four or so of these arches and then he flattened out an area and dug a little trench around this area, put the arches into place with a tarp over the top so it was a caterpillar-ish shape, and inside he laid tarps down on the floor.

Viti: At this campsite, were there any other actual tents he set up?

Smart: A short while later, I don't remember if it was an actual tent or another smaller version of this caterpillar sort of tent.

Viti: After he set up camp that first day, what did he do?

Smart: He raped me.

Viti: How long had you been in California before that happened?

Smart: It was within 24 hours.

Viti: Ms. Smart, when you initially got to California with the defendant and Ms. Barzee, would you leave that camp often?

Smart: Yes.

Viti: Where would you go? What kinds of things would you do?

Smart: Sometimes we would go into Lakeside and maybe eat something by the lake, or sometimes we would go into San Diego and we would walk around San Diego. I remember we went to the Hometown Buffet a couple times.

Viti: What is the Hometown Buffet?

Smart: It is a restaurant.

Viti: When he went around Lakeland or San Diego, would he minister?

Judge Kimball: You said Lakeland. Is it Lakeside?

Viti: Yes, your honor. When he went into Lakeside or San Diego, would he preach or minister?

Smart: He would panhandle, but he would call that ministering. And sometimes if people really wanted to know or seem genuinely interested, he would give them a small piece of paper that he had written and called "The Declaration of Our Faith."

Viti: When you were allowed to go to Lakeside or to San Diego, what would you wear?

Smart: The linen robes and the head piece with both veils.

Viti: And when you say both veils, was one of the veils covering your eyes?

Smart: Yes.

Viti: And would Wanda wear the same thing?

Smart: Yes.

Viti: May we see No. 37 please? ... I'd ask you to look at government exhibit 37. Do you recognize that?

Smart: Yes.

Viti: What do you recognize that to be?

Smart: That's a picture of the defendant, his wife and myself in San Diego.

Viti: Could you point using the laser pointer where the three of you are located in that picture?

Smart: Right there.

Viti: Could we have a close up of that? ... Could you point to the defendant?

Smart: Right there.

Viti: And what about Ms. Barzee?

Smart: I believe that's her.

Viti: Thank you. Do you recall visiting any stores or ... in Lakeside?

Smart: I remember, yes.

Viti: What stores, what kinds of stores would you visit?

Smart: Grocery stores or convenience stores.

Viti: Do you remember any one of these stores in particular?

Smart: Yes.

Viti: Which one?

Smart: I remember there was a small sort of produce store on the side of the lake and it was run by a man who I believe was Muslim, who I remember him one day, I remember him commenting to the defendant how he hoped his wife and daughter would dress as modestly as we did. And he said it was good to see people practicing the religion so faithfully.

Viti: And at this time during this conversation, were you and Wanda wearing the robes and the veils?

Smart: Yes.

Viti: And during this discussion with this owner, did the defendant ever tell the owner that you were his wife?

Smart: No.

Viti: Did he ever identify himself as a prophet?

Smart: No.

Viti: The one mighty and strong?

Smart: No.

Viti: The Davidic king?

Smart: No.

Viti: Did he tell the owner that he the defendant was not Muslim?

Smart: No.

Viti: Ms. Smart, during the time the defendant held you in Lakeside, did he ever force you to look at pornography?

Smart: Yes.

Viti: On more than one occasion?

Smart: Yes.

Viti: Could you explain the circumstances of the first time that happened?

Smart: Yes. He had gone into San Diego and come back with a magazine, a pornography magazine.

Viti: Before he went to San Diego, what did he tell you he was going to do?

Smart: He said he was going to minister.

Viti: Please continue.

Smart: He came back with a magazine of pornography and he said that we had been ... he had received a revelation and been instructed to look at pornography, that we needed to sink below that as well.

Viti: What happened after he ... withdrawn. Did he tell you this revelation was divinely inspired?

Smart: Yes.

Viti: What happened after he told you that he was divinely inspired to view pornography?

Smart: He opened it up and started looking at it.

Viti: Where were you when this happened?

Smart: I was there with him and Wanda.

Viti: What did you do when he started look at the pornography?

Smart: He said we all needed to look at it.

Viti: Did you at the time?

Smart: Um, not to the extent he wanted me to.

Viti: What do you mean by that?

Smart: Um, I glanced at it, but I didn't feel comfortable looking at it.

Viti: Did he say anything to you at that time?

Smart: Nothing that I can recall.

Viti: What did he do after he finished viewing the pornography?

Smart: He raped me.

Viti: Where were you when you were viewing the pornography?

Smart: We were back at the camp.

Viti: Were you in one of the shelters or tents?

Smart: Yes.

Viti: Which one?

Smart: Um, in the tent he had made for him.

Viti: Did he have a name for that tent?

Smart: Yes.

Viti: What was that name?

Smart: It was the Altar of Immanuel.

Viti: Did they ... withdrawn. When was the second time you were made to look at the pornography?

Smart: It was shorty after maybe even the next day, he said that I didn't look at it enough, that I needed to really look at it this time.

Viti: What did he do?

Smart: He sat in front of me and would turn the pages and talk about the woman.

Viti: Was it a magazine?

Smart: Yes.

Viti: Recall the name?

Smart: It was called Hustler, I think.

Viti: In a general sense could you describe the pictures in Hustler magazine?

Smart: They were very explicit and they showed, well, they didn't hide anything. They showed everything, everything on a woman and everything that can be done between a man and a woman.

Viti: Were you looking at the pornography this time?

Smart: Yes.

Viti: And was he forcing you do that?

Smart: Yes.

Viti: How?

Smart: He said that I had to, he said that I had to sink below this before I could rise above it.

Viti: Was he making any comments about the pictures in the magazine, the photographs?

Smart: Yes.

Viti: What comments?

Smart: He would talk about the women and their bodies and um, he would remark on how they were all different, what they reminded him of.

Viti: What did he tell you they reminded him of?

Smart: One woman, in a part, he talked about how she just flowered open and compared it to a flower.

Viti: Was he critical at all of the women morally or spiritually?

Smart: No. He said that no, he wasn't. He said that they just didn't know what they were doing.

Viti: Did he call them whores of Babylon?

Smart: No.

Viti: Where were you when you viewed the Hustler magazine with him?

Smart: It was in his tent.

Viti: Is that the Altar of Immanuel?

Smart: Yes.

Viti: What did he do after you viewed the pornography?

Smart: He raped me.

Viti: How much time passed between viewing the pornography and him raping you?

Smart: No time.

Viti: Did he ... withdrawn. Ms. Smart was there ever a time in California when you felt ill, became physically ill?

Smart: Yes.

Viti: Can you tell the jury what happened on that occasion?

Smart: It was time for Wanda and I, we needed to start drinking again, so he had brought back I think it was a 12-pack. Maybe it wasn't a 12-pack, but he had quite a few cans of beer and he handed one to me and told me to drink it, and one to Wanda and told her to drink it. He had also brought back KFC, for us to eat, so we ate that. And he started to drink another one, and by this time I was just sick of being … [inaudible]. So when he started drinking another one, I said I wanted another one. And Wanda jumped right on that and said it was not fair I got to drink however much I wanted. So he handed us both another can and I started drinking. I couldn't even get halfway through it. I remember lying down and feeling so sick, he gave me a silver bowl in case I threw up. As soon as he took the silver bowl away from me, I threw up. I was lying down. It got over all my face and my hair, I woke up in the same position. I had throw-up dried on my face and in my hair.

Viti: What did he say to you about it, if anything?

Smart: He said that that reflected my true state, lying face down in my vomit.

Viti: Ms. Smart, let's go back to what you were drinking. What type of beer was it?

Smart: It was called Steel Reserve.

Viti: And how big were the cans?

Smart: They were pretty big. Like ... they were big.

Viti: Were they bigger than a Coke can?

Smart: Yes.

Viti: And was there anything special about this type of beer, anything unusual?

Smart: It was in California, so the alcohol percentage was higher there. I also remember reading on the label that it had extra hops.

Viti: What happened to the divinely inspired revelation about you and Wanda not drinking alcohol?

Smart: It was dismissed.

Viti: Who dismissed it?

Smart: The defendant.

Viti: Can you explain that?

Smart: He just said that there was a time and a place for all things. And that the time had come again where we needed to drink again.

Viti: Ms. Smart, while you were being held in California, did the defendant ever inform you that he was visiting LDS chapels?

Smart: Yes.

Viti: Could you explain that?

Smart: Yes. He said that we had come to California to find another wife and now that he was beginning his search for another wife. And that he was going to go around to the different LDS chapels until he found her.

Viti: Did he tell you why they needed to be LDS chapels as opposed to another denomination?

Smart: So they would have the basic LDS beliefs already. Just that ... that they would already have the LDS beliefs.

Viti: Did he tell you why they needed LDS beliefs?

Smart: Yes.

VIti: Why?

Smart: He said the LDS Church was the true church, but since the death of the deceased prophet Ezra Taft Benson that the mantel had fallen on him. That the church was the true church, but everyone had gone astray.

Viti: Did he tell you what age these LDS females needed to be?

Smart: He said they needed to be young so they were still malleable.

Viti: Did he tell you about trying to establish a relationship with a non-LDS female?

Smart: Yes.

Viti: What did he tell you?

Smart: He had said that they had tried and it didn't work.

Viti: Did he give you more details about that experience?

Smart: Yes.

Viti: What did he tell you?

Smart: He said her name was Kelly and she was African-American and they had tried to live a plural marriage with her. They had tried moving in with her ... and I don't recall why it was that they decided to move back out, but that Wanda was very offended. That one day he went out and just, he didn't tell her where he was going, and he went back to this woman Kelly and he slept with her. When he came back, Wanda said, "You went to see Kelly, didn't you?" He said yes, and she was very upset with him again and they didn't see her. They told me they didn't have contact with her again for awhile. Then they decided they needed to invite her up to the teepee again for a weekend in the mountains of Utah. They had it set up where she would stay with them and they would give it another try. But they went there and this woman Kelly was there with another man. After that, he knew that they needed to be a young LDS girl.

Viti: Did he tell you why Wanda was offended?

Smart: I think he did, but I just can't remember.

Viti: When the defendant told you he went to visit LDS chapels, what would he wear?

Smart: He wouldn't wear his robes. He would wear normal street clothing.

Viti: Did he give you a reason why he didn't wear his robes?

Smart: He said that he wanted people to think that he was investigating or he wanted to learn more about the LDS Church and that if he wore his robes that wouldn't have the same effect that he wanted.

Viti: Did he ever tell you or explain to you the significance the robes had?

Smart: Yes.

Viti: What did he tell you about the significance of the robes?

Smart: He said it was the clothing that was worn in heaven.

Viti: And was there a particular way each of you — you, Wanda and he — wore the robes?

Smart: Yes.

Viti: Could you describe the particularities of that?

Smart: We wore the robe and there was a sash that was tied around the middle of the robe and the sash had to be tied on ... it's been a long time. It was the left side.

Viti: And what did the position of the sash indicate? What did he tell you they indicated?

Elizabeth: He said that where the sash was tied represented the different levels of heaven, so those included the Telestial, Terrestrial and Celestial kingdoms.

Viti: And when he went to LDS chapels, he never wore a robe?

Elizabeth: No.

Viti: Would he groom himself before visiting the chapels?

Elizabeth: Yes.

Viti: How?

Elizabeth: He would brush his hair and but it into a ponytail, and he would tie his beard into a ponytail on his face. He would wear normal clothing. He tried to wash up a little bit so he didn't smell quite as bad.

Viti: When the defendant returned from what he told you was visiting LDS chapels, would he describe his experiences?

Elizabeth: Yes.

Viti: Do you recall a time after one of these visits that he told you he was invited to supper?

Elizabeth: Yes.

Viti: Could you describe what happened for the jury?

Elizabeth: He said that he had gone to church and that he walked into the building, sat in a classroom, where adults met, and that missionaries had tried to pull him out and bring him into a class that missionaries taught ... He just sat there and said no, no, the lesson was about Daniel and he said I want to learn about Daniel today, so he stayed there and there was a man in there who befriended him and after church he was, um, a bit upset because he hadn't seen a young girl that fit the description he wanted ... too old or too young, out of the range he wanted, but he said this man, Mr. Kemp, invited for dinner at his house. He got in a car with this man and his wife and they had dinner, and while she was making the last minute preparations, he saw a photo of a young girl on the piano and said "Is this your granddaughter?" He said no, this was his wife's daughter and explained how she was divorced from her previous marriage, and how she came and stayed every Wednesday and every other weekend.

Viti: Just so we understand completely, did he tell you he visited the LDS chapel that day as an investigator?

Elizabeth: Yes.

Viti: Just for those who might not know, what is an investigator?

Elizabeth: Someone who is interested in learning more about the LDS beliefs.

Viti: Did he tell you what he had for supper that evening or that day?

Elizabeth: Yes.

Viti: What did he tell you he ate?

Elizabeth: Chicken with a creamy sauce over it and slivered almonds and asparagus.

Viti: Did he tell you how much he ate?

Elizabeth: He said he had several helpings.

Viti: Did he bring back anything for you and Wanda?

Elizabeth: No.

Viti: Were you hungry at the time?

Elizabeth: Yes.

Viti: Was this something he did often?

Elizabeth: Yes.

Viti: Would that be when he came back from going out of camp?

Elizabeth: Yes, he'd tell us a lot about what he ate that day. Sometimes he would dig into garbage cans and bring us other people's leftovers that were left in the garbage.

Viti: Ms. Smart, did there come a time after the visit with the Kemps that he was going to kidnap the Kemps' daughter?

Elizabeth: Yes.

Viti: Did he make preparations for this?

Elizabeth: Yes.

Viti: Did he prepare the camp in any way?

Elizabeth: Um, yes.

Viti: How did he prepare the camp?

Elizabeth: He made sure that there was, um, enough bedding so that she would be able to have a bed, um, he made sure that they had robes for her to wear as well and a headpiece, also.

Viti: Did he describe for you your duties with respect to this person in the camp?

Elizabeth: Yes.

Viti: What were those duties he described?

Elizabeth: He said that my duties were to demonstrate for the new wife everything that had been demonstrated for me.

Viti: Did there come a time when he left the camp to get this girl, the Kemps' daughter?

Elizabeth: Yes.

Viti: What was he wearing?

Elizabeth: His robes when he left.

Viti: Was he carrying anything with him?

Elizabeth: Yes, he had his green bags with them.

Viti: Do you recall how long he was gone before he returned?

Elizabeth: Um, it was, um, he left in the afternoon and he came back, um, I believe it was very early in the morning.

Viti: Would that be the next morning?

Elizabeth: Yes.

Viti: What did he tell you what happened when he returned to the camp?

Elizabeth: He said that we were not prepared enough to receive another wife and that we, um, that our faith needed to be stronger. He said that he had gone to the Kemps' house and I think he found a sliding door, but I don't remember what it was. He started to go in and he heard someone snoring on the other side. It was deep snores, snores coming from a man, a masculine person, and he said that was the only way he could find in. I can't remember exactly, but I think he said when he tried to open the door more or the window, the person inside moved so that scared him so he didn't go through with his plans.

Viti: I'd like to turn your attention to a few days after this incident. Did anything happen a couple of days after this?

Smart: Yes.

Viti: What was that?

Smart: It was a man that was walking through the river bed.

Viti: And what happened when the man was walking through the river bed?

Smart: He got quite close to where we would normally walk up the other side. And the defendant saw that and he told us all to get back, (to) get back into the main long Caterpillar-type tent. And he got his knife out. And he said that if the man came up to where our camp was that he would kill that man.

Viti: Did you believe him when he said this?

Smart: Yes.

Viti: Did the man enter the camp?

Smart: No.

Viti: What happened after this encounter?

Smart: He said it was time for us to move locations. And so we followed the dry river bed up for a ways and then we got out of it and we kept wandering. And we didn't find a place that first time. But he had seen a road across the field that looked like it headed up the side of one of the mountains. He said we would come back and explore that road and where it led.

Viti: Were those mountains, earlier you described (on) the other side of this paved road or highway?

Smart: Yes.

Viti: Did there come a time when you searched again for another location after that first day?

Smart: Yes.

Viti: What happened that second time?

Smart: We followed that dirt road up a little while. Then we turned off it and started to climb the mountain and it was ... there was some really steep areas. It wasn't an easy climb by any means. And we searched for an area, it seemed the higher we went there wasn't really any covering, especially not tall covering. There was scrub oak, but it was not very tall. There were, however, quite large boulders on this mountain and we were about to turn back when he said, "There is just one more place I want to look." So he went and came back a few minutes later and he said he had found were we were going to have our new camp.

Viti: And at that time did you look at the new camp?

Smart: Yes.

Viti: Could you describe the new camp?

Smart: To get to the camp there are two ways, both of which were very difficult to get to. And one which if you came in that way, you couldn't come out because you had to drop. If you came in above you had to ... there was a big rock wall and you came down a crevice but then you had to drop out of the crevice you had to jump down. Then there was another way that ... it was all the sides were surrounded by large boulders except the front which dropped off very steeply and a cliff like in front. And so the other way there was some scrub oak that came up to this large boulder and you had to slide in between this large boulder to get out. That was very well hidden. Unless you knew it was there, you would never find it.

Viti: Did there come a time when you moved from the lower camp to the upper camp?

Smart: Yes.

Viti: Would you tell the jury what the defendant had you do before you moved? [Comments are withdrawn.] Each time you visited or scouted out the new location?

Smart: We were all dressed in normal street clothing and when we moved to that location we had to get there we moved there in the night. In the dark.

Viti: And this was in your street clothes.

Smart: Yes.

Viti: Did he tell you why you needed to change into street clothes?

Smart: That we wouldn't arouse suspicion.

Viti: Where did you get the clothes?

Smart: They were found in the stream bed by the old ... camp.

Viti: How long did it take you to get form the lower camp to the upper camp?

Smart: It was a good ways. A couple of hours maybe.

Viti: Was the upper camp further from Lakeside than the lower camp?

Smart: Yes.

Viti: Did you ever visit Lakeside once you were again once you were up at the upper camp?

Smart: No.

Viti: When was the next time you left the upper camp?

Smart: When we left San Diego.

Viti: Do you recall when about what month it was when you moved to the upper camp?

Smart: Um, January or February.

Viti: Prior to moving to the upper camp, did the defendant ever show you any newspapers or articles about yourself?

Smart: Yes.

Viti; What did he show you?

Smart: There was a newspaper he found on the bus. It had a picture of my parents' hands clasped together. The article talked about John Walsh and "America's Most Wanted."

Viti: What was the defendant's reaction to this article?

Smart: It was he was surprised that people were still looking and that they hadn't given up yet, and after that article, he then changed it so that we didn't go to the camp very often.

Viti: And that article he showed you before you moved to the upper camp?

Smart: Yes.

Viti: Did there come a time when the defendant left the upper camp and didn't return for an extended period of time?

Smart: Yes.

Viti: Can you explain the circumstances?

Smart: Wanda was upset with him because he didn't have any food, or very, very little food. He just sat there because she was upset with him. "We'll already be hungry and the day will be out before we eat again," It was quite late in the afternoon, maybe 4 or 5ish, and we didn't see him again for about a week.

Viti: Was lack of food a problem at the upper camp?

Smart: Yes.

Viti: Before he left, can you tell the jury what you recall eating the last time?

Smart: The last time, I ate the heel of bread and a little bit of mayonnaise and part of a cut-up onion.

Viti: When he left the camp on this occasion, were you hungry?

Smart: Yes.

Viti: What happened the day after the defendant left the camp?

Smart: It started raining.

Viti; What did you do when it started raining?

Smart: Wanda and I strung up a tarp to catch the rainwater so we'd having something to heat. We also bathed ourselves in the rain.

Viti: Did you have any food after the heel of bread and mayonnaise?

Smart: No.

Viti: Did Wanda have any food?

Smart: No.

Viti: Describe the next few days for us.

Smart: Not a whole lot happened. We would drink the water, but after a couple of days things started to grow in it, so I didn't like drinking it too much. We would lie in the tent and only move to go to the bathroom in a bucket maybe five feet from the tent door. After going to the bathroom we would go back to the tent and lie down.

Viti: Were you in any condition to leave the camp physically?

Smart: No.

Viti: Did you make any suggestions to Wanda to try to alleviate the situation?

Smart: I don't remember.

[Court resumes from break.]

Judge: We'll get the jury and proceed. You may proceed, Mr. Viti.

Viti: Ms. Smart, I believe we were at the point where you and Ms. Barzee were at the upper camp and the defendant had left. Could you describe your condition at the upper camp as the day passed before the defendant returned?

Smart: As the days passed, it got harder and harder to move, until finally the only way we would move is if we had to go to the bathroom.

Viti: When the defendant left the camp that time, what was he wearing?

Smart: He had on his robes.

Viti: Did there come a time when the defendant returned to the camp?

Smart: Yes.

Viti: Could you explain the circumstances?

Smart: It was late at night and he yelled out "Hebzibah" and he yelled out "Shear-Jashub." He came back, we pulled ourselves up into a slump sort of. He came back and he seemed very pleased with himself, like quite happy. And he had brought back, he had stopped by KFC on the way and asked for their leftovers. And they had given him some. And so he gave us some to eat.

Viti: What was he wearing when he came back?

Smart: He had on normal street clothing when he came back.

Viti: Did he explain to you where he had been for the last week or so?

Smart: Yes. He said he had been put into ... he had been taken to jail for … that's where he said he had been. He said that after he left from the camp the previous week, he went down and he had bought a beer and he was walking around and he saw a woman who was taking some prescription pills and he asked her for ... some. And she refused to give him any and somehow he was able to trick her or steal them from her. He stole the prescription medication and he ran off. Then he said that he had broken into one of the churches in Lakeside, and he woke up the next morning and found himself in like a child's nursery in this church building, and there was a woman there and several police officers who then escorted him to the jail. And...

Viti: Let me stop you there just for a moment and go back a little bit. What ... When he told you he went and bought a beer, what was Wanda's reaction?

Smart: She was pretty upset with him.

Viti: How did he respond to her anger at that point?

Smart: She didn't have a whole lot of anger because she didn't have the energy to support that kind of anger at that moment. But she was quite upset at him for spending the money he had on a beer instead of a bus fare or something to eat to bring back to us.

Viti: Do you remember what he said.

Smart: I don't, I just remember him saying that it was just so hard for him to go out and face the world and that's what he needed to go out and face the world.

Viti: During the time that the defendant held you, did he talk to you about medicine?

Smart: Yes.

Viti: Did he take medicine?

Smart: No.

Viti: Did he tell you what this prescription medicine he took from this lady, did he tell you what it was?

Smart: No, I don't think he knew what it was.

Viti: Did he tell you how he got into the nursery of this church?

Smart: Yes, he said he had thrown a brick or a rock. He had broken the window to get in.

Viti: Did he tell you had to do anything with the heavenly robes he was wearing ... withdraw. Did he tell you, if anything, what he did with the heavenly robes when he threw the rock through the window?

Smart: Um, I don't remember for certain, but I have a vague memory of him telling me that he removed it, but I don't remember for certain.

Viti: What did he tell you happened when he got to the jail?

Smart: He said that they started trying to identify him and search his record and match his fingerprints through the system.

Viti: Did he tell you what name he gave?

Smart: Yes, he said he gave the name Michael Jensen.

Viti: What did he tell you happened after he identified himself as Michael Jensen?

Smart: The woman who was searching to find a match to the name or fingerprints ... nothing came up on him.

Viti: What did he tell you happened next?

Smart: He said he was sitting cross legged on the floor and he didn't have robes on at the time, but did have on long thermal underwear and that there was a large hole in the crotch area and he said that, um, um, that his private parts were hanging out of this hole and he knew that the woman could see everything and that she liked what she saw.

Viti: Did he use the term "private parts?"

Smart: No.

Viti: What did he use?

Smart: His package.

Viti: What was his demeanor when he was relating this story to you?

Smart: He seemed very proud of himself.

Viti: During the time that the defendant held you, during the nine moths that he held you, were there other times that he defendant expressed pride or spoke highly of his private parts or of his package, as he called it?

Smart: Yes.

Viti: Could you describe those times?

Smart: Yes, back in the upper camp back in Utah, he was commenting on how well-hung, uh, he was, and what a good package he had. Um, he also, there was another time that he gave his private parts a name, and he called it "Immanuel's Pride."

Viti: There were occasions when Ms. Barzee referred to his private parts as: Immanuel's Pride"?

Smart: Yes.

Viti: When would that be?

Smart: Um, when he gave himself that name, she talked about it as well.

Viti: Ms. Smart, did you ever read a journal that was entitled "The Book of Immanuel David Isaiah"?

Smart: Yes.

Viti: Can you explain what it is?

Smart: "The Book of Immanuel David Isaiah," he wrote and compiled it himself of what he claimed were his revelations. ... I believe it was his sort of calling to be who it was, it was his wife's blessing and revelation. There were several others, one including talking about taking seven wives and then seven times seven wives and then, um, it just was what he wanted to be.

Viti: Did he tell you "The Book of Immanuel David Isaiah" was divinely inspired?

Smart: Yes.

Viti: Did he tell you that it was very important to him, that book?

Smart: Yes.

Viti: Did he indicate to you that this was a profession of his faith or a confession of his faith?

Smart: Yes.

Viti: You speak French better than I do. Was it his religious raison d'etre?

Smart: Um, yes.

Viti: Did he refer to it a lot during your nine months?

Smart: Yes.

Viti: Did you ever hear him call "The Book of Immanuel David Isaiah" as "Immanuel's Pride"?

Smart: No.

Viti: Did you ever hear him call or refer to his heart as "Immanuel's Pride"?

Smart: No.

Viti: Did you ever hear him refer to his conscience as "Immanuel's Pride"?

Smart: No.

Viti: His good works as "Immanuel's Pride"?

Smart: No.

Viti: The only thing you ever heard him refer to as "Immanuel's Pride" was his package?

Smart: Yes.

Viti: His penis?

Smart: Yes.

Viti: Can you describe ... did the defendant ever boast about his sexual prowess?

Smart: Yes.

Viti: Now getting back to what the defendant told you about his experience in the San Diego jail, did he tell you why he provided the name of Michael Jensen?

Smart: No. Just it was the one that came to him.

Viti: What did he tell you happened after he was booked into the San Diego County jail and gave them the name?

Smart: He was told he would be there for three business days. It was a weekend and it was a holiday weekend, so that extended his stay for quite sometime. He talked about when he finally went before a judge, and he was asked if he pleaded guilty if he had broken ... and in fact did break the window. He said that he didn't. And there was ... a younger attorney who advised him to admit that he had done it. He could be let go that day. He would have to pay a fine and do community service. After receiving that counsel he admitted he broke the window and then he left.

Viti: What was his attitude and demeanor when he told you this?

Smart: He was very pleased with himself. He said that the young lawyer or attorney had ... didn't realize what a big blessing he had in aiding the Davidic King.

Viti: Did he indicate to you … [comment withdrawn]. Did he indicate to you that he had fooled them at that time?

Smart: Yes.

Viti: What did he say about that?

Smart: He said they didn't realize who he really was and one day they would.

Viti: How many days after the defendant's return did it take you to regain your strength?

Smart: It was a few days.

Viti: During that period, how did the defendant treat you?

Smart: It was life as normal for him.

Viti: And did that life as normal include raping you?

Smart: Yes.

Viti: After the defendant returned to the upper camp when he was gone from that time, did he begin to speak about leaving California?

Smart: Yes.

Viti: Can you describe those conversations?

Smart: He just said that he felt like the time had come to begin searching for another wife.

Viti: Was there anything in particular that precipitated this discussion?

Smart: Yes.

Viti: Can you tell the jury what that was?

Smart: One day we were in camp and sitting inside a smaller version of the Caterpillar-like tent, and we heard a helicopter over our heads and it kept getting closer and closer. It felt like it was very, very close, not very high above us at all. We were all inside of the small tent, but he was near the entrance and was able to sit and look up and see the helicopter at a slanted angle so the helicopter couldn't see him.

Viti: Did he tell you? What did he tell you to do when the helicopter was hovering?

Smart: He told us to stay back inside the tent.

Viti: After this encounter what happened?

Smart: After the encounter he became more ... the need to leave was more ... was greater.

Viti: Ms. Smart, after these encounters where there were ... law enforcement officers or people who stumbled near the camp. Could you describe whether the defendant's focus changed at all?

Smart: He would want to make sure that we were well-hidden that we couldn't be traced. So his focus on keeping us, not found, would become heightened again.

Viti: After the helicopter incident, what if any ... [comments withdrawn]. Where did he discuss moving to?

Smart: He discussed ... he would just say different cities. Big cities. Chicago or Philadelphia or ... those are the two I can remember him saying. But I remember him saying bigger cities.

Viti: On this occasion did you provide any input into where you should travel next?

Smart: Yes.

Viti: What input?

Smart: I said I thought we should return to Salt Lake City.

Viti: Why did you tell him that?

Smart: Because I felt that the more cities we went to and the farther we went out, the less chance I'd have of being found.

Viti: Where did you tell the defendant where that came from?

Smart: I said I wasn't sure but I felt that God had told me, but I said that he should pray about it because I couldn't possibly know for sure.

Viti: Why did you tell him that?

Smart: Everything I said was immediately disregarded, but I knew if I said God told me, he would listen to me a lot more.

Viti: Did you say anything to make Salt Lake City more attractive?

Smart: I said there were more girls camps up in the mountains, and I said he could find more wives.

Viti: What kind of girls camps?

Smart: Mormon girls camps.

Viti; What was his response?

Smart: He said he'd have to pray about it, but it wasn't too long after that he decided it would be a good idea.

Viti: Why would it be a good idea?

Smart: He said that I was inspired to go back.

Viti: Did he mention anything further about the girls camp?

Smart: Yes, he said that we could hike over different mountain ranges and take them with machetes and then hike back.

Viti: Did you provide any input into how you should return to Salt Lake City?

Smart: Yes.

Viti: What input did you provide?

Smart: I said we should hitchhike back.

Viti: How did you justify wanting to hitchhike?

Smart: I said I had experienced all these things, like drinking, smoking and lying in my own vomit, but to reach their level, I needed to experience everything they had experienced. I needed to sink below hitchhiking so I could rise above it.

Viti: Had they hitchhiked?

Smart: Yes, they had hitchhiked through the country.

Viti: How did he react to your suggestion to hitchhike.

Smart: He didn't want to at first, but then Wanda said she thought it was a good idea too, so after that he agreed.

Viti: Was there any discussion at the time about what you would wear when you'd hitchhike?

Smart: Yes, he said I needed to be disguised and we shouldn't wear our robes because people probably wouldn't pick us up.

Viti: Did he mention why?

Smart: Because people would think we were Muslim and it was too close after 9/11 happened.

Viti: Did the defendant express any concern or worry about hitchhiking?

Smart: Um, just that I needed to be disguised and I was told not to speak, and if I did speak I was to refer to him as Dad and to Wanda as Mom, and we were to be traveling preachers.

Viti: Turning your attention to his concern about someone recognizing you. Did he have any plan regarding hiding your identity?

Smart: At first he wanted to dye my hair a different color, but I wasn't too excited about that idea and neither was Wanda, his wife.

Viti: What happened after you conveyed this lack of enthusiasm for dying your hair?

Smart: He decided we should get a wig and sunglasses instead.

Viti: Was there a time he purchased the wig and sunglasses?

Smart: Yes.

Viti: Where?

Smart: Not a very nice store. A very cheap quality store. I believe it was in El Cajon [California].

Viti: Did there come a time when you purchased the wig and sunglasses?

Smart: Yes.

Viti: Can you describe the wig?

Smart: It was ugly. Bad quality, grey, curly.

Viti: Your honor, may Special Agent Laroe approach the witness?

Judge Kimball: He may.

Viti: Ms. Smart, I would like you to look at what's been marked government exhibit 39 and ask you to look at that. Do you recognize that?

Smart: As the wig that was purchased and I was forced to wear.

Viti: Is there anything else in the wig or on the wig?

Smart: Yes, bobby pins.

Viti: Can you explain the bobby pins?

Smart: I put them there because the hair was falling all over me on my face and my neck, and I didn't like it.

Viti: Your honor, may that be published?

Judge Kimball: It may be.

Viti: I would ask you to look at what's been marked government exhibit 40, do you recognize that?

Smart: Yes.

Viti: What do you recognize that to be?

Smart: The sunglasses I was forced to wear when I came back to Utah.

Viti: Your honor, may that be published?

Judge Kimball: It may be published.

Viti: When the defendant purchased the wig and sunglasses, were you still living at the upper campsite?

Smart: It was ... I believe it was the day before we left, so we had temporarily left to the lower campsite to prepare for the day before we departed.

Viti: I show government exhibit 39a. What do you recognize that to be?

Smart: The tag from the wig.

Viti: Can we publish to the jury?

Judge Kimball: Yes.

Viti: Ms. Smart, what type of clothes did you wear when you hitchhiked?

Smart: Normal street clothing.

Viti: Was that also true for the defendant and Wanda?

Smart: Yes.

Viti: What happened to the robes you had been wearing?

Smart: They were packed away.

Viti: Where were they packed?

Smart: Inside the green bags, I believe.

Viti: Ms. Smart, did the defendant provide a story for you to tell those you encountered while you were hitchhiking?

Smart: His name was Peter Marshall, Wanda's name was Juliet Marshall and I was Augustine Marshall, and that I was their daughter and that we were traveling preachers.

Viti: Where were you? ... Where did he tell you to say you were from?

Smart: Florida.

Viti: And was Wanda to be your real mother?

Smart: No.

Viti: What did he tell you to say?

Smart: That she was my stepmother.

Viti: How old did he tell you you were to tell others?

Smart: I was 18.

Viti: I want to turn your attention to the time you left the upper camp for good. What did you do in preparation to leave the upper camp?

Smart: The tent structures were taken down. A lot of things were destroyed because they were too heavy to try to hitchhike back to Utah with. There were some books that were destroyed. Some other things that were destroyed. The camp was made to look like no one had been there for a long time.

Viti: How many nights after leaving the upper camp do you recall spending at the lower camp?

Smart: Just one.

Viti: Is this the lower camp you described as the Fire Swamp of "Princess Bride"?

Smart: Yes.

Viti: For those that don't know, what is the Fire Swamp of "Princess Bride"?

Smart: It's a very ugly, dirty gross place where you touch one of the trees and about a million little dead flakes or leaves or things fall off. There are rats in the fire swamp and other rodents. Very dirty. It's not pretty. There's no green. No color. Just brown and gray. It's very sandy.

Viti: And was this what the lower camp was like?

Smart: Yes.

Viti: Did the defendant make any plans for how you were to hitchhike back to Utah?

Smart: We would just go from city to city from point to point instead of holding a sign up saying Salt Lake City. It was just some intervals. Not long stretches at a time.

Viti: Did the defendant tell you why they were to be small intervals rather than long stretches?

Smart: He said we would be more likely to be picked up.

Viti: Did he tell you? ... Did he instruct you what to do when you were hitchhiking, when you were actually hitching for a ride?

Smart: We would stand back for a bit. We wouldn't put our thumbs out, only him. He would put his thumb out and a sign.

Viti: Did he give you any reason for this?

Smart: Not that I can recall.

Viti: Did there come a time when you started to hitch from California?

Smart: Yes.

Viti: Do you remember the date?

Smart: The beginning of March.

Viti: Did he give you instructions as to how you were supposed to behave while you were hitchhiking?

Smart: I wasn't to speak, I wasn't to say anything. I was to stay with him at all times, by him at all times. He said that I already knew what the consequences would be if I took any action.

Viti: Ms. Smart let's just review some topics about the time you were held in California. First topic, lets talk about alcohol consumption. During the time the defendant was in California, did you observe him drink alcohol?

Smart: Yes.

Viti: Would he drink very often?

Smart: Yes.

Viti: What was the frequency?

Smart: Almost daily.

Viti: Would you observe him to be intoxicated during these times?

Smart: Yes.

Viti: Did he ever give a reason for his drinking while he was in California?

Smart: Just that he couldn't face the world. He couldn't face it.

Viti: Ms. Smart, do you recall your birthday in November of 2003?

Smart: Vaguely.

Viti: What do you recall about that day?

Smart: That I was at camp. I left in camp with his wife, and in the morning he left. Then he came back later that evening and he brought me a candy bar.

Viti: What else did he do that evening?

Smart: He also raped me.

Judge to Viti: Did you say '03?

Viti: I don't recall, but I meant to say '03... '02. '02. That would be November of 2002?

Smart: Yes.

Viti: I'm sorry. I'd like to turn your attention to Thanksgiving 2002. Do you recall what you did for Thanksgiving?

Smart: We went into San Diego.

Viti: And where did you go when you went into San Diego?

Smart: I don't remember if it was Thanksgiving or Christmas, but we went to a large convention center where they were feeding people.

Viti: And where was that, in San Diego itself?

Smart: Yes.

Viti: When you went to the convention center, how were you dressed?

Smart: In our robes.

Viti: Were you wearing a veil? Both veils?

Smart: Yes.

Viti: And was Wanda dressed that way?

Smart: Yes.

Viti: Turing your attention to Christmas 2002. Do you recall what you did?

Smart: I didn't remember if it was Thanksgiving or Christmas. It could have been either day, what I just described.

Viti: Going into San Diego?

Smart: And going to the convention center, where we were served a meal.

Viti: Did the Salvation Army do that? Do you recall?

Smart: I believe so.

Viti: Can we put up government exhibit 38 please? Ms. Smart, please take a look at government exhibit 38 and can you tell us what that is?

Smart: It is the meal that we ate at the convention center.

Viti: Does that refresh your recollection, that photograph? Whether it was Christmas or Thanksgiving of 2002?

Smart: I believe it was Christmas. I believe it was Christmas.

Viti: With the laser pointer, can you identify the defendant in that photograph?

Smart: Right there.

Viti: Can you identify Wanda Barzee in that?

Smart: There.

Viti: Can you identify yourself?

Smart: That's me

Viti: Can you describe how you ate wearing that veil?

Smart: Well, in one hand I would use the fork and with the other I would lift the veil just enough to put the fork in my mouth.

Viti: Did the defendant instruct you how far to lift the veil?

Smart: He said only as far as I needed to put the food in my mouth.

Viti: Thank you. While you were in California, did you ever observe the defendant panhandling?

Smart: Yes.

Viti: What would his demeanor be like?

Smart: The same as in panhandling in Salt Lake City, very calm, very almost timid, um, quiet, sincere, gracious.

Viti: And just the same questions. He never proclaimed himself to be a prophet?

Smart: No.

Viti: A Davidic king?

Smart: No.

Viti: One mighty and strong?

Smart: No.

Viti: Did he use the archaic form of English when he panhandled?

Smart: No.

Viti: Did he tell people to repent?

Smart: No.

Viti: What would you and Wanda do while he was panhandling?

Smart: Stand behind him

Viti: You had mentioned when he panhandled in Utah, some people would speak to him about religion or ask what religion he was. Did that occur in California?

Smart: Yes.

Viti: Did he provide information to people who were curious about this religion?

Smart: Sometimes.

Viti: Did he ever give people something when they were curious?

Smart: Sometimes.

Viti: What?

Smart: A piece of paper called the Declaration of Our Faith, where he wrote some of the things he believed.

Viti: Your honor, may Special Agent [Eric] Lerohl approach?

Judge Kimball: Yes.

Viti: I ask you to look at government exhibit 59 in evidence. Do you recognize it?

Smart: Yes.

Viti: What do you recognize?

Smart: The piece of paper that he would give to people if they asked.

Viti: If they asked about this religion?

Smart: Yes.

Viti: Did he have several copies?

Smart: Yes.

Viti: How did he have those copied?

Smart: He copied them off at Kinkos.

Viti: Who wrote it?

Smart: He wrote it, but his wife went back and wrote it in calligraphy writing.

Viti: Was Ms. Barzee adept at calligraphy writing?

Smart: Yes.

Viti: Will you show government exhibit 59 and may we publish it to the jury?

Judge Kimball: Yes, you may.

Viti: During the time you were in California, did the defendant have revelations?

Smart: Yes.

Viti: Besides the ones you've already told us about, are there any others you can recall?

Smart: Yes.

Viti: Can you describe them?

Smart: Yes, well, he, the defendant and his wife had gotten into a fight again and it was over me again and, um, he said that he felt like the Lord had something to tell her again and, um, so he gave her a blessing, what he said was a blessing. In the blessing, he said that the time had come to make a new schedule and that would include him having sexual intercourse with me first without ever ejaculating. She would be lying right next to me, and when he felt like he was ready to ejaculate, he would immediately switch over and ejaculate into her.

Viti: Did he tell her why this was important?

Smart: Yes, he said in the blessing, because she had a hysterectomy, that one day her womb would be open and she would produce the heir to the Davidic king.

Viti: Once again, does it sound like he was taking advantage of Wanda?

Smart: Yes.

Viti: In this new arrangement, was it something he claimed to be divinely inspired?

Smart: Yes.

Viti: Did this new arrangement result in you being sexually abused less?

Smart: No.

Viti: At the time of this sexual revelation, had you begun your period?

Smart: Yes.

Viti: That was in California?

Smart: Yes.

Viti: And did he know about it?

Smart: Yes.

Viti: Other than the revelation that you spoke about in respect to allowing you and Ms. Barzee to drink alcohol or smoke tobacco, did he have any other revelations in California regarding tobacco or alcohol?

Smart: Yes.

Viti: Describe them.

Smart: There came a time that our need for drinking alcohol was over, but he could still smoke and drink as he chose.

Viti: What precipitated that particular revelation?

Smart: Um, it was just was his wife being upset with him.

Viti: Upset about what?

Smart: About him drinking so much and not sharing.

Viti: And did this revelation result in him drinking less?

Smart: No.

Viti: But did it relieve Wanda's anger?

Smart: Yes.

Viti: Did he tell Wanda it was divinely inspired?

Smart: Yes.

Viti: Did he give a reason during this revelation to Wanda why he needed to drink?

Smart: So he could go and face the world.

Viti: While he was in California did he discuss your duties to him?

Smart: Yes.

Viti: And can you describe some of the duties he told you were owed him?

Smart: He said that I needed to continue to be there and available for him when he needed me, wanted me. And by that I mean, being there for his sexual needs and desires. And he also told me that it was my duty to clean up around the camp. And that although that might seem mundane, all those things had eternal significance. They were of eternal value and weight.

Viti: If you didn't do that around the camp, would it get done?

Smart: No.

Viti: While you were in California, did the defendant rename you or give you another name?

Smart: He didn't rename me. He didn't give me another name. He said the time had come I needed to rise up to the occasion and go by the name they had initially called me at the beginning of my nine months of hell: Shear-Jashub.

Viti: Can you briefly describe some of the, as best you can, some of the cities and towns through which you hitchhiked to Utah. Let's start with the first one ...

Smart: It was through a city, I got a little bit mixed up, but I believe it was Escondido.

Viti: How did you get there?

Smart: We hitchhiked.

Viti: Do you recall who picked you up?

Smart: His last name was Ruben.

Viti: Can you explain what happened when you were picked up by Mr. Ruben?

Smart: He was very kind. He picked us up and asked us where we were headed. We said Escondido, and he asked where, and the defendant asked if he knew of a campground or a place to stay. He said there was a place he went fishing with his son. ... He took us there and he paid for our campsite and he asked if we needed any help. He took us to a grocery store to get groceries and then took us to the campground.

Viti: Did he pay for all of this himself?

Smart: I believe.

Viti: During the time the defendant spent with Mr. Ruben, do your recall any of the conversations he had with Mr. Ruben?

Smart: I remember him asking if he knew anywhere, a campground we could stay. I remember them talking about the campground.

Viti: Do you recall if they talked about religion?

Smart: I think they did a little bit, but it was ...

Viti: If they did it wasn't anything that was out of normal religions?

Smart: It wasn't. If they did talk about religion, they didn't talk about polygamy, plural marriage. They didn't talk about a Davidic king. He didn't claim himself to be a Davidic king or a prophet or one mighty and strong. If they did talk about it, it was all very mainstream.

Viti: Did Mr. Ruben try to speak to you?

Smart: I don't remember.

Viti: After you spent the night in Escondido, where else do you recall that you stayed or towns you went through?

Smart: I don't remember if we went back to El Cajon or ... I remember going to Ramona and Borrego Springs. I believe it was ... and Las Vegas. And then Salt Lake.

Viti: Do you recall any of the people who picked you up?

Smart: Yes.

Viti: Go ahead.

Smart: I rember a few people. I remember one man who drove an old RV or Winnebago RV. He drove past us and went around and came back and picked us up. His name was Charlie. He was a nudist. I remember him saying he picked us up because there were women there. On the inside of his RV, I remember seeing pictures of women that had very little clothing on or none. And I remember him saying he could take us further than we wanted to go if we would be willing to spend one night on the road at a natural hot spring that wasn't too far away from where we were at that point. So we ended up staying the night by this natural hot spring and continued on in the morning. I remember another man who picked us up, I believe shortly after Charlie had dropped us off. It was in a very rickety small car that when it hit a certain speed the back part of the car would start to shake. I remember him saying something about going back and forth over the border to Mexico. I remember thinking that if I stepped outside of that car that it would be a miracle if I survived that ride. I remember we were going toward Borrego Springs and a woman stopped to pick us up. She said the only reason was because she knew her husband was right behind her or in front of her with the lawn mower in the back of the truck. She dropped us off in Borrego Springs. I remember being stranded out in the desert for what felt like a really long time without food or water. And finally a man picked us up who was, I believe he said he was a chef for one of the golf courses out in the desert. He took us a little ways. I remember another man who took us up for maybe two miles. He was ... he liked to go sit out in the desert by himself and be alone out in the desert with his car by himself. I remember one day being stranded in the middle of the desert and there was a white truck that drove by and stopped, and said he had seen us in the same spot that morning. And he thought we probably didn't have water. So he brought us some water but he couldn't pick us up. I think that's all the people I remember before Las Vegas.

Viti: This trip was very physically difficult the way you describe it, is that correct?

Smart: Yes.

Viti: Please tell the jury what happened when got into Vegas.

Smart: Um, Vegas is uh, quite blurry but I remember going to either a Jack in the Box or a Burger King and being approached by a police officer. I don't remember a whole lot what he said, I don't remember very much, but I remember after that the defendant was very anxious to leave Las Vegas, so we went to a big semi (truck) stop and he went into the bathroom and I was left with his wife and there was a man who approached us and asked if we needed a ride. He asked where we were headed. We said we were headed to St. George. And he said he could take us, and the defendant's wife, Ms. Barzee, said we had to wait for my husband to come out. The truck driver seemed a little disappointed there was a man coming, but still agreed to take us to St. George. On the way I was in the back of the cab with Ms. Barzee, with her going through I believe the Virgin River Canyon. Very unique canyon with lots of holes in the walls. He (the truck driver) asked if I had seen it before, said I hadn't. He asked, "Why don't you come up here and watch?" He said it's not as pretty as it is in the daytime, but it's still interesting in the nighttime. I moved to the front of the cab, and the defendant had to move to the back but he was very much forward, his head between the tow seats was poking through there.

Viti: All the people, was there ever a time that the defendant ever discussed aspects of religion such as Davidic king, prophet, polygamist?

Smart: No.

Viti: The encounter with the police officer in Las Vegas, do you recall why you were stopped?

Smart: He said they were searching for a missing child, a missing girl. I don't remember which word exactly.

Viti: How far did the truck driver who picked you up in Las Vegas end up taking you?

Smart: He took us all the way up to Orem.

Viti: What happened in Orem?

Smart: We were dropped off in a truck yard. Just over the highway there was a park, and I recall the park being called Camelot.

Viti: What kind of park was it?

Smart: It was um, quite late at night and I don't exactly remember all the details, but it was a park that had a reenactment of King Arthur and the round table sort-of-place.

Viti: What time were you dropped of at this park?

Smart: It was maybe two in the morning.

Viti: Do you recall the date?

Smart: March 12.

Viti: Do you recall what happened?

Smart: The tent was set up and I was raped for the last time.

Viti: Did the defendant sexually abuse you, rape you while hitchhiking from Las Vegas to Orem?

Smart: Yes.

Viti: What happened when you woke up from sleep?

Smart: We packed up the tent and headed toward Salt Lake?

Viti: What happened?

Smart: I remember stopping at a McDonald's for breakfast. I remember there was a woman who had just gotten her wisdom teeth out, still sore though it had been several weeks. She helped us with the purchase, then there was a younger man, boy, maybe college-age, who gave us a ride to I think a bus stop or as far as he was going, that our paths were still aligned, and um, but I remember getting into his car and I had to be careful because he insisted the (car) door would fall off if he didn't open correctly. I remember opening the door and the inside fell off. I remember arriving at the bus stop.

Viti: Where was the bus stop?

Smart: Close to UVU (Utah Valley University in Orem) and there was another (person), must have been a student there who started arguing with the defendant about why was I wearing a wig. If it was my hair, why did I dye it grey? Was it a modesty (thing) or sign of humility or why was I disguised. I remember the defendant becoming quite unhappy over this exchange, um, he wanted to get away from this student as fast as he could, so we got onto the bus and I think the student was only going one stop or maybe he didn't get on, but remember taking the bus to a Walmart. Um, where we got out, we went into Walmart to get things we would need to get back into the mountains. That time of the year there would still be snow up there (in the mountains).

Viti: Where were you going?

Smart: We were headed up to the upper camp where I had been taken nine months earlier.

Viti: Did you buy provisions?

Smart: Some things bought and some things not bought.

Viti: What do you mean by that?

Smart: That he stole.

Viti: What happened when you left Walmart?

Smart: We started walking down the street and several cop cars pulled up and several police men got out.

Viti: What did the police do?

Smart: They asked us who we were and the defendant said we were traveling preachers and that I was his daughter, and then they separated me from them, and started asking me questions and I remember being …

Viti: Let me stop you right there, after they separated you, what were they asking you?

Smart: What my name was, how old I was, where I graduated from high school. Then he asked if I was, if I knew my parents were very worried about me and that they had missed me.

Viti: Were you wearing a wig and sunglasses?

Smart: Yes.

Viti: How did you respond?

Smart: I gave them the answers I was told to say.

Viti: That was the story back in California?

Smart: Yes.

Viti: What happened after that?

Smart: I was handcuffed and put in the back of the police car.

Viti: Ms. Smart, can you tell the jury what was going through your mind when in back of the police car?

Smart: I was very scared. I knew the threats that I had been told for nine months and I knew what they were and I was afraid. I didn't know why I was being handcuffed (like) I had done something wrong, that I was guilty. And at the same time, I thought that this is it. This is it. I'm done, this is over.

Viti: When you were handcuffed and put in the police vehicle, did it drive away somewhere?

Smart: Yes.

Viti: When you drove away, where was the defendant?

Smart: In a different police car.

Viti: Where were you driven?

Smart: To the Sandy police station.

Viti: Please tell us what occurred there.

Smart: When I got to the police station, I was led to a smaller room and the policeman said I could remove the wig and sunglasses and my dad would be there shortly.

Viti: Did there come a time before your dad arrived when you identified yourself?

Smart: Yes.

Viti: As Elizabeth Smart?

Smart: Yes.

Viti: Did there come a time when your dad arrived?

Smart: Yes.

Viti: How did you feel?

Smart: I was so happy.

Judge Kimball: That's a good stopping point.