Charges Filed In Elizabeth Smart Case

A self-proclaimed prophet and his wife were charged Tuesday with aggravated kidnapping, and sexual assault in the abduction of Elizabeth Smart, the American teenager taken from her home last summer.

Bail for each defendant was set at $10 million.

Brian Mitchell, a drifter whose writings promoting polygamy had raised questions about whether Elizabeth was sexually abused during her nine-month ordeal, has told his attorney that he considers Elizabeth his wife and wants her to be renamed "Remnant Who Will Return."

Attorney Larry Long said Mitchell — whom he referred to as "the perpetrator" — considers the girl's nine-month disappearance a "call from God," not a kidnapping.

There are reports that Elizabeth's family was strongly opposed to Mitchell being charged with any sexual abuse crimes, says CBS News Correspondent Steve Futterman.

The family feared that if Mitchell were charged with sexual abuse crimes, Elizabeth would be forced to give detailed testimony during his trial.

District Attorney David Yocom's office asked reporters to refrain from asking questions about the sexual assault counts "for reasons that should be obvious."

Mitchell and his wife, Wanda Barzee, also were charged with burglary. They each face a single count on each charge, for a total of six counts. They were scheduled to be arraigned Wednesday morning and a trial is expected this summer.

Mitchell, 49, and Barzee, 57, and Elizabeth were found Wednesday in Sandy, a Salt Lake City suburb.

Elizabeth was abducted from her bedroom at knifepoint on June 5.

The charging documents allege Mitchell entered the Smart home after using a knife to cut a window screen.

The teen, dressed in pajamas, was forced at knifepoint to walk four miles (6 kilometers) up a mountain trail behind the home to a concealed campsite.

Mitchell threatened to harm or kill the Smart family if she resisted, prosecutors said.

"She was under the threat of death," Yocom said.

The couple held Elizabeth against her will at the campsite until Oct. 8 with little or no shelter, plumbing, water or food, prosecutors said.

In October, Mitchell and Barzee took Smart to California where they stayed until March 5, the state alleges.

Assistant U.S. Attorney David Schwendiman said federal charges would come "only if and when it is necessary."

Prosecutors said Mitchell and Barzee also attempted to kidnap Elizabeth's cousin on July 24. A window was cut with a sharp instrument and the child inside told police that she saw something come through the window. The attempt was foiled when the family stirred and called police.

The maximum sentence for conviction on both the kidnapping and sexual assault charges is life in prison.

Mitchell, an excommunicated Mormon, wrote a rambling manifesto last year espousing the virtues of polygamy. The Mormon church has long distanced itself from polygamy and excommunicates those who practice it.

Before Tuesday's charges, no details had been released about any abuse Elizabeth might have suffered while captive. She had been interviewed several times by police but her parents had not asked her for details, family spokesman Chris Thomas said.

Thomas has denied speculation the girl could be pregnant: "Unequivocally, she is not pregnant and was never pregnant."

"She has been thoroughly examined and tested," Thomas said Saturday.

Family members have said repeatedly that Elizabeth was brainwashed during the nine months, and that her loss of free will prevented her from escaping despite several opportunities to do so.

The family had called on prosecutors to make sure they do not traumatize the girl during questioning and involve Elizabeth only as much as they need to for a successful prosecution, Thomas said.