SALT LAKE CITY — Nine potential jurors were retained on the first day of the federal trial of Brian David Mitchell, who is accused of kidnapping Elizabeth Smart.
A total of 30 jurors need to be retained before the field is narrowed to a 12-member jury plus alternates. Once a 12-member jury is seated, opening arguments can begin.
Seventeen prospective jurors were questioned Monday, although the court had originally hoped to question 35. All of them said they had heard of Mitchell and Smart. Because of media reports they had seen when Smart was first abducted in 2002 and found nine months later, many said they believed Mitchell was responsible for taking her.
However, those that were retained said they were willing to listen to all the evidence presented to them in court and make a decision based solely on that material.
Many of the prospective jurors questioned Monday said they had not paid attention to much news coverage of the case, especially in recent years. And what little news coverage they did see, many said they were skeptical of what the media was reporting.
Some of the prospective jurors were in high school when Smart was abducted, and some did not live in Utah when it happened.
Many prospective jurors were questioned by the defense about how they felt about the insanity defense or being able to find a person not guilty by reason of insanity if that's what the evidence showed. Jurors were also warned that the trial would be long, and possibly stressful, and could include graphic testimony about child sex abuse. Some prospective jurors admitted they were concerned about people using the insanity defense as an "excuse" to try and get out of facing consequences for a crime.
With the exception of one juror, defense attorneys made motions on every prospective juror to have them dismissed, mainly citing that the juror already had a preconceived notion that Mitchell was responsible for the kidnapping. The one juror they did not try to dismiss was "passed," meaning the juror becomes part of the 30-member pool, but could be dismissed later.
Of the jurors retained:
One is a man who worked was a state trooper 20 years ago, and whose father was also state trooper. He said, "The facts that are presented (in court) outweigh anything else."
Another is a Logan woman who works in the billing office at a hospital. She was 16 when Smart was taken from her home. She doesn't believe an insanity defense should be used as an excuse to get out of being responsible or facing the consequences for something. But she said evidence presented in court would outweigh anything else.
One man works as a university film professor. He told attorneys he had heard some coverage of the Mitchell case through the news media, but said that was years ago. "It's only fair that everyone gets a fair trial," he said.
Another retained juror is a registered nurse who completed an internship at a state hospital working with mentally ill people.
One man, a Utah school teacher who lives well outside Salt Lake County, wrote in his jury questionnaire that he believed Smart was "probably brainwashed." There was also sexual abuse within his family. But he also said he would be willing reach a decision based on the evidence.
Another man said he had served on juries before. Two of his daughters were victims of sex abuse. But the man said despite what he had heard about the Mitchell case, he could be open minded. "I couldn't swear that he did it. I haven't heard his side of the story," he said.
The man said from his experience as a juror, he was surprised at how much emotion goes into a jury's actual decision. "I was under the impression you weighed the facts. Apparently emotion plays a part in it."
One woman, who said she worked in the health care industry, was retained after saying she needed to hear both sides before making a decision.
Another man, who said he didn't trust the media, admitted he would have a hard time hearing about child sex abuse. But he was retained after saying he could make an informed decision by himself based on the evidence.
A woman who worked briefly as a 911 dispatcher in Tucson, Ariz., two decades ago said there were "times when people are insane and pushed to the limit, but there are times they're not" when asked about the insanity defense and mental illness. The woman said she would want to hear from both sides to make a fair judgment. The defense passed on making a motion on her, meaning she moved into the pool of 30.
Those dismissed from the jury pool, include:
A woman who said she would lose five weeks of pay as a juror. Attorneys were also concerned she might be inclined to make decisions based on emotions because she has a blonde-haired, blue-eyed daughter, which may make her more connected to Smart.
A man who was living in Albuquerque when the alleged kidnapping occurred. When asked about any history of sex abuse in his family, he said an LDS missionary there was caught peeping into his sister's window. He also said he might be uncomfortable hearing details of child sex abuse — a position that a prosecutor argued "might dismiss 99 percent of the jurors in the nation."
A woman who said she believes Mitchell took Smart because he believed God told him to do it.
A woman who said she felt in her gut that a plea of insanity was just an excuse for someone to try and get out of a crime they had committed. That woman also had a relative who molested children, then molested again after serving time behind bars. She admitted she would have a hard time finding a person not guilty by reason of insanity, even if the evidence pointed to it.
A man concerned about losing five weeks of work. He also believed that whether a defendant is insane or not, there should be punishment for that person, whether it's in an institution or prison. The man also admitted he might have a strong emotional reaction if he saw someone harming a child. "I would punish them, I would get physical," he said. "I would not hesitate."
A man who was in high school when Smart disappeared. He said he also had relatives with mental illness.
Mitchell appeared in court Monday morning just briefly before being removed. He entered the courtroom with his eyes closed while holding his hands in front of him with his fingertips touching, in a prayer-like fashion. He also began singing hymns, as he has routinely done in previous court appearances. In between songs, Mitchell paused as his attorneys tried to speak to him. He seemed to ignore the attorneys and would then begin singing again.
U.S. District Judge Dale Kimball allowed him to remain in the courtroom for 12 minutes before he was ordered to be taken into an adjacent annex to witness the proceedings via video. Mitchell again closed his eyes and put his hands in front of him as he left the courtroom.
Mitchell wore tan Salt Lake County Jail clothing Monday, although for the trial he is allowed to wear regular clothes.
"My client's preference would be to dress in the robes," said defense attorney Robert Steele. "He has no desire to wear a suit."
Steele was apparently referring to the robes Mitchell was wearing when he was arrested with Smart nine months after she was taken from the bedroom of her Federal Heights home at knifepoint. Mitchell, his estranged wife Wanda Barzee, and Smart had been seen walking the streets of Salt Lake County and in San Diego wearing the robes during the months preceding his arrest, but no one recognized the girl as Smart.
Kimball said the robes would present a security concern and said Mitchell could wear his jail-issued clothing during the trial.
Mitchell, a former street preacher, faces federal charges of kidnapping and unlawful transportation of a minor across state lines. If convicted, he could spend the rest of his life in prison.
Neither Smart nor any member of her family were present Monday.
One of Mitchell's stepdaughters from an earlier marriage, Rebecca Woodridge, was present for Monday's proceedings. She said she does not believe Mitchell can get a fair trial.
"Not in Utah. No way. Too many Mormons and too many opinions," she said. "Too many people hate him."
Watching jury selection Monday, Woodridge said she saw attorneys asking questions to prospective jurors who "think about what they should say so they can get on the jury and hang him."
Woodridge said she visits Mitchell in jail often. Though he doesn't sing when she's present, she said he preaches to her a lot. She believes her stepfather is mentally ill and shouldn't be sent to prison.
Jury selection resumes Tuesday when attorneys hope to question 25 more prospective jurors.
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