Elizabeth Smart Says Brian David Mitchell Raped Her Daily

Elizabeth Smart, who was abducted from her home in 2002, says she was raped.

ByABC News
October 1, 2009, 1:26 PM

SALT LAKE CITY Oct. 1, 2009 — -- Elizabeth Smart testified today she was raped "on a daily basis up to three or four times" by Brian David Mitchell, the homeless preacher who allegedly kidnapped Smart when she was 14 and held her captive for nine months.

Smart was never face to face in court with Mitchell, who was removed from the courtroom with his hands and feet shackled after he refused the judge's orders to stop singing a church hymn.

Smart, who is now 21, testified that on the first night she was taken from her home in 2002 she was guided on a three-mile hike to a canyon behind her home where Mitchell performed an impromptu wedding ceremony.

"He performed a ceremony to marry me to him and after that he proceeded to rape me," said Smart, clad in a white blouse and black pants.

Smart never became emotional during her two hours of testimony and remained poised, clenching her fists as she spoke.

Mitchell kept Smart from escaping by attaching chains around her ankles and tying them to nearby trees. He would wear the key to unlock the chains around his neck, said Smart.

When Mitchell's wife, Wanda Barzee, became jealous of his relationship with Smart, Mitchell organized a system where he would rotate between the two women, she testified.

"Wanda would get very upset with him," said Smart. "She'd say 'All you do is lust after her.'"

Smart said "There wasn't an actual 24-hour period he wasn't able to rape me."

There was at least one time when Smart was able to rebuff Mitchell. During a hike to get water from a stream, Smart said that Mitchell tried to convince her to have sex with him despite it being Wanda's turn.

"He said how much he needed me to have sex with him right then and there, and that Wanda would never know, she would understand and she would be OK, and it would be OK," said Smart, who testified that she had refused him sex.

Asked by U.S. Attorney for Utah Brett Tolman how it felt to say 'No' to Mitchell, Smart responded, 'Wonderful."

Lois and Ed Smart, Smart's parents, accompanied their daughter to court. Ed Smart visibly winced as his daughter described how she was treated during her captivity.

Smart also said that Mitchell had attempted to break into the home of another family who he knew had a young daughter, but stopped after entering the home and hearing a man snoring.

According to Smart, there was a week-long period when she was away from Mitchell after he got arrested for breaking into a church in San Diego. She did not explain and she wasn't asked why she did not flee during that period.

At another point, Mitchell and Smart came into contact with police at a Salt Lake City library. Smart testified that Mitchell had told the officers that she was wearing a face-covering burka for religious reasons and could not remove it when they asked her to do so.

Throughout her captivity, Smart said she was consistently given alcohol and drugs by Mitchell and was shown pornography.

Asked by Tolman to describe Mitchell in a few words, Smart responded, "Evil, wicked, manipulative, sneaky, selfish, greedy, not spiritual, not religious and not close to God."

Smart testified U.S. District Court in Salt Lake City as part of proceedings to determine Mitchell's mental competency to stand trial.

Smart was 14 when she was taken from her home at knife point. Today in court, Smart recalled the details of the night she was taken from her bedroom.

"A man broke into my house and held me at knife point and kidnapped me," said Smart.

According to Smart, Mitchell had whispered to her to stay quiet and that if she disobeyed he would kill her and her family.

Once they had left her home, Smart said Mitchell became worried the police would spot them and forced her to duck underneath a bush when a cop car drove past.

In the months following Smart's disappearance, her parents made multiple television appearances, pleading for their daughter's return. Hundreds of people scoured the region hunting for her.

Smart was found nine months later in March 2003 with Barzee and Mitchell, a self-proclaimed prophet who called himself "Emmanuel" and once had done work at Smart's home.

Both Barzee and Mitchell have been repeatedly declared mentally incompetent to stand trial for charges including kidnapping, sexual assault, burglary and conspiracy to commit kidnapping.

According to U.S. District Judge Dale Kimball, who determined Smart should be allowed to testify, Smart's inclusion in this latest review was necessary because Mitchell has refused to submit to any psychological evaluations or diagnostic tests, The Salt Lake Tribune reported.

For Smart's father, Ed Smart, there is no question about Mitchell's competency.

"He is the ultimate manipulator," Ed Smart told "Good Morning America." "He's manipulated the system to the nth degree. He is competent. He is a pedofile and he needs to be brought to trial.

"He hasn't been held accountable yet and I'm hopeful that this will really bring him to accountability," he said.