Elizabeth Smart was not severely damaged by kidnapping, defense lawyers claim

By: Camille Mann
Topics: Daily Blotter

Photo by George Frey/Getty Images

(CBS/AP) SALT LAKE CITY - Defense attorneys for Brian David Mitchell, the man convicted of kidnapping and raping Elizabeth Smart, say she is a "survivor" and wasn't significantly psychologically damaged by her 2002 abduction.

Pictures: Elizabeth Smart

The claim was made in a four-page court filing, in an effort to persuade a judge to give Mitchell a lighter sentence.

Attorneys for Mitchell say Smart hasn't suffered more than other victims of similar crimes.

"Even though there is extreme conduct on my client's part, Ms. Smart overcame it. Survived it. Triumphed over it. These are all words used by her and the government," said defense attorney Robert Steele to local station KSTU.

Elizabeth's father, Ed Smart, said the defense's claims are "outrageous," and clearly a legal maneuver, reports the station.

Mitchell, 56, was convicted of federal kidnapping and unlawful transportation charges in December. Smart was 14 in 2002 when she was taken from her home at knifepoint, raped and held for nine months.

Mitchell's sentencing is set for May 25 in Salt Lake City's U.S. District court. He faces life in prison.

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by BlueCornMoon May 22, 2011 1:49 PM EDT: I just saw this video of her.Check out the interview with the woman reporter. Watch Elizabeth's eyes,expressions, facial twitches,careful choices of words,hesitations & body language..ESPECIALLY HER FACE AT THE VERY END & you can EASILY see that she is still very much wounded no matter how recovered she seems. May God bless her & help her live a good & healthy life.

http://www.digtriad.com/news/article/176291/175/Elizabeth-Smart-To-Speak-At-Kidnappers-Sentencing; Reply to this comment


by barvid May 20, 2011 12:18 PM EDT: ummm it was 9years..not 9months. why dont you guys grammar/spell check your reports?!; Reply to this comment


by Anonomousamerican May 20, 2011 11:14 AM EDT: i love how shes famous now - leave it be for ***** sake; Reply to this comment


by mari1963 May 19, 2011 7:59 PM EDT: One more reason why lawyers are worse than slime. What a horrible thing to say about Elizabeth Smart. Would they be happier if she would not have been a strong smart girl and over come this trauma in her life? Lawyers are pigs and these lawyers know this man is guilty as sin. Down with lawyers!; Reply to this comment

by CuriousServant May 19, 2011 3:36 PM EDT

The defense team is in a bad spot. They can't deny it happened. The can't claim it was consensual. They can't claim insanity. When one can't defend the accused, accuse the victim, or in this case, minimize the crime. I trust the jury will find this sort of defense easy to sweep aside. It will offend their sense of right and wrong. I say, go for it guys, this desperate attempt to minimize the crime will backfire and justice will prevail.

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by BlueCornMoon May 22, 2011 1:32 PM EDT: EXACTLY! This is why lawyers are worse than raw sewage.I guess they think she "wasn't damaged" because she's not in a mental hospital or a screaming wreck. I guess raped women have no right to justice unless they never recover, show post traumatic stress disorder, and are never seen smiling or enjoying life again. No one but her family knows what she's gone thru or how she's suffered mentally from that abuse. They've kept it hidden from the public,as they should...but she didn't just suddenly recover as soon as she got home. At one point there was a report that she said she felt like a prostitute & that no human being would love her.To have her innocence stolen & her body violated by a relentless psychopathic piece of **** for 9 months.She went thru HELL. That monster should be locked up in the worst prison on earth with the worst criminals on the planet so he can get jailhouse justice.Those guys just LOVE child molesters.


by lynrie68 May 19, 2011 3:32 PM EDT: Wow really...all that means, since she is not a total mess, is that she had a very good support system after her abduction and rape occured. A supportive and loving family, Friends and one hell of a shrink! If everyone that was raped or assulated had this there woudl be less messed up people in the world. I hope they give him the max...no matter how Ms. Smart is right now he deserves to be punished for what he did to her and taken off the streets so he does not do this to anyone else.; Reply to this comment

by VA_Jill May 19, 2011 3:14 PM EDT

They can say that just because she's not a complete sobbing freaked out mess, she wasn't damaged? May their tongues cleave to the roof of their mouth! Thais is just outrageous bull**** and typical of the lengths defense lawyers will go to when attempting to defend scum.

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by justmyopinion61 May 21, 2011 9:07 AM EDT: This guy (the defense attorney) is a perfect example of why lawyers are often viewed as pond scum. I hope he gets some serious karma payback on this one. A$$hole!