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Thread: Defense Says Elizabeth Smart Isnít That Damaged, Pushes For Lighter Sentence

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    Elite Member witchcurlgirl's Avatar
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    Default Defense Says Elizabeth Smart Isnít That Damaged, Pushes For Lighter Sentence

    Even the worst criminals are entitled to legal representation, but do attorneys have to make offensive comments while defending them?

    Recently, Nancy Garrido's defense lawyer argued that she should be able to relax on the beach someday, and now the attorney representing Elizabeth Smart's kidnapper says the court should go easy on his client because she's basically fine.

    Brian David Mitchell will be sentenced next week, and his attorney, Robert Steele is trying to convince a judge to send him to a mental facility for life rather than a prison. In a motion filed yesterday, Steele admits that Mitchell kidnapping Smart from her bedroom when she was 14, then raping her every day for eight months had some psychological impact. However, he objects to the United States Probation Office saying she suffered "extreme psychological injury." He used her own words against her, writing:
    "Counsel does not agree that U.S.S.G 5K2.3, Extreme Psychological Injury [to the victim], is applicable to this case, since it's application is directly contradicted by the testimony of Ms. Smart and argumented by the government, who vigorously argued that Ms. Smart is a 'survivor' who has not been psychologically injured more than other victims of the offenses at issue."
    To make matters worse, he later elaborated in an interview with the local TV station Fox 13, "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."


    Smart's father says he knows this is just a legal maneuver by the defense, but it's still "outrageous." Elizabeth has grown into a mature, well-spoken young woman who studies at Brigham Young University, completed a religious mission to Paris, and set up a foundation to help other victims of abuse. She's certainly a "survivor," but her strength shouldn't be used to downplay the horror of Mitchell's crimes.


    Defense Says Elizabeth Smart Isn't That Damaged, Pushes For Lighter Sentence - Jezebel
    All of God's children are not beautiful. Most of God's children are, in fact, barely presentable.


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    Elite Member Laurent's Avatar
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    Jeez.

    Mitchell's lawyer has a job to do, but there's a way to soft-pedal it so you don't seem like a total asshole. I mean no one wants a bar complaint, but there's vigorously representing your client and then there's . . . this.

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    Elite Member CornFlakegrl's Avatar
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    What a ridiculous standard he's arguing. The crime / punishment is lesser if the victim is handling it well?

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    Elite Member Brookie's Avatar
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    You have GOT to be kidding - that one isn't going to stand up anywhere. Both of the people who kidnapped her are dangerous mental cases. The stupidity, it burns.
    Life is short. Break the Rules. Forgive Quickly. Kiss Slowly. Love Truly.
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    Elite Member OrangeSlice's Avatar
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    Jeez, I wonder if he has a daughter. How would he feel if it was a member of his own family?
    "Schadenfreude, hard to spell, easy to feel." ~VenusinFauxFurs

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    Elite Member MontanaMama's Avatar
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    I can't imagine sitting around the war room of her attorney's firm and coming to the consensus that was best shot at reducing sentencing. Seems to me that type of argument will only enrage the judge.
    If i hear one more personal attack, i will type while drunk, then you can cry! - Bugdoll
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    (Replying to MontanaMama) This is some of the smartest shit I ever read

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    Elite Member bellini's Avatar
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    Recently, Nancy Garrido's defense lawyer argued that she should be able to relax on the beach someday, and now the attorney representing Elizabeth Smart's kidnapper says the court should go easy on his client because she's basically fine.
    Relax on the beach? That's offensive and a stupid thing for a defense attorney to say. I can't even imagine how Elizabeth Smart feels today. I'd be sleeping with a gun and a guard dog if I went through what she did.


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    Elite Member Laurent's Avatar
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    Quote Originally Posted by MontanaMama View Post
    I can't imagine sitting around the war room of her attorney's firm and coming to the consensus that was best shot at reducing sentencing. Seems to me that type of argument will only enrage the judge.
    No shit. You've got to be totally swirling the bottom of the mitigation bowl to think this is your best option. Oy vey.

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    Elite Member Trixie's Avatar
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    I think Elizabeth Smart puts on a very brave face. Just because she wants to move on with her life and doesn't discuss it publicly doesn't mean she's "over" it. I don't see how that's possible.
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    Elite Member witchcurlgirl's Avatar
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    Quote Originally Posted by bellini View Post
    Relax on the beach? That's offensive and a stupid thing for a defense attorney to say.

    Yeah, that really takes balls. Did they let that kid relax on the beach when they had her chained up in their backyard?
    All of God's children are not beautiful. Most of God's children are, in fact, barely presentable.


    If I wanted the government in my womb I'd fuck a Senator

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    Elite Member holly's Avatar
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    Is it maybe possible that the defense attorney is only using this "arguement" to look like he's trying, but in reality knows it's a terrible arguement & will only manage to piss the judge off, therefore his client won't get a lighter sentence? That's what I'm hoping. Surely he can't possibly believe that getting raped on a daily basis didn't damage this girl?!?

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    Silver Member Popsicle's Avatar
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    Interesting, because this case will no doubt influence the method defence for the Jaycee Dugard case too.

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    Elite Member witchcurlgirl's Avatar
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    ^ The article's second paragraph addresses how that is already happening.
    All of God's children are not beautiful. Most of God's children are, in fact, barely presentable.


    If I wanted the government in my womb I'd fuck a Senator

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    Elite Member witchcurlgirl's Avatar
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    Default Elizabeth Smartís Kidnapper Sentenced To Life In Prison

    Today Brian David Mitchell, the man who kidnapped Elizabeth Smart when she was 14, held her captive, and raped her repeatedly, was sentenced to life in prison. It's been nine years since Smart was abducted, but Mitchell has finally been brought to justice.

    The Salt Lake Tribune reports that Mitchell sang hymns throughout the proceedings, but was allowed to stay in the courtroom. He continued singing softly with his eyes closed as Smart addressed him, saying:
    "I don't have very much to say to you. I know exactly what you did ... I know that you know what you did was wrong. You did it with a full knowledge. I also want you to know that I have a wonderful life now, that no matter what you do, it will not affect me again. You took away nine months of my life that can never be returned. But in this life or next, you will have to be held responsible for those actions, and I hope you are ready for when that time comes."
    Smart testified for three days during the month-long trial, saying at one point:
    "I felt that because of what he had done to me, I was marked ... I wasn't the same. My personal value had dropped. I was nothing. Another person could never love me."
    Previously Mitchell's lawyer argued that he should receive a lighter sentence because Smart is a "survivor" and hadn't suffered "extreme psychological injury." Mitchell has 10 days to appeal, and the defense says it's still considering what the next step should be.


    While speaking to reporters outside the courthouse, Smart said she was "thrilled" with the sentence and happy that she was able to address Mitchell in court. According to CNN, Smart noted that today is National Missing Children's Day, and said she wants to devote her life to child advocacy. During the press conference her father held up posters featuring several children who were recently abducted. Smart added, "Today is the end of a very long chapter and the beginning of a very beautiful chapter for me."


    Elizabeth Smart's Kidnapper Sentenced To Life In Prison
    All of God's children are not beautiful. Most of God's children are, in fact, barely presentable.


    If I wanted the government in my womb I'd fuck a Senator

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    Elite Member Brookie's Avatar
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    Slow clap. Bye, asswipe.
    Life is short. Break the Rules. Forgive Quickly. Kiss Slowly. Love Truly.
    Laugh Uncontrollably. And never regret ANYTHING that makes you smile.

    - Mark Twain

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