Never in nine months did Mitchell appear confused or out of control, Smart testified: "He was a very capable, intelligent human being." Elizabeth Smart
Elizabeth Smart says she was raped daily
By JENNIFER DOBNER (AP) – 37 minutes ago
SALT LAKE CITY — Taking the stand for the first time since she was snatched from her girlhood bedroom seven years ago, Elizabeth Smart testified Thursday that her captor raped her three or four times a day, kept her tied up with a cable around her leg, and threatened to kill her if she tried to escape....
Smart, now a 21-year-old college student, gave her horrifying account in federal court as part of a proceeding over whether Mitchell is mentally competent to stand trial....
The 55-year-old, one-time street preacher has been behind bars since 2003 — mostly in a state mental hospital — but has yet to stand trial. Twice he has been ruled mentally incompetent in state court, and he has often demonstrated bizarre behavior, including incessantly singing hymns in the courtroom and once yelling at a judge to repent.A federal judge ruled earlier this week that Smart's testimony is relevant to the question of Mitchell's competency. Mitchell's competency hearing is not set to begin until Nov. 30, but Smart testified early because she is going on a religious mission for the Mormon church in Paris....
Smart said Mitchell would rape her three to four times a day....
Mitchell's lawyers maintain he is incompetent and suggested that evidence of his delusions can be found in his religious rambling and writings, including a 27-page manifesto he called "The Book of Emmanuel David Isaiah."
Smart said she believed Mitchell always knew that he could be punished for her kidnapping and understood how the court system worked....
She said he gave her an alias — Augustine Marshall — and told her what to say to police if they were ever questioned. He also bragged about skirting previous accusations of sexual abuse and fooling others, Smart said.
Never in nine months did Mitchell appear confused or out of control, Smart testified: "He was a very capable, intelligent human being."
(This AP story was shortened for space. PR)
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