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American Morning
Preliminary Hearings in Trial of Smart's Accused Abductors Could Begin in June
Aired April 23, 2003 - 09:15 ET
THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.
THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.
HEIDI COLLINS, CNN ANCHOR: Preliminary hearings in the trial of Elizabeth Smart's accused abductors could begin as early as June. Brian David Mitchell appeared in court yesterday, as did his wife, Wanda Barzny (ph), in a separate hearing, both on the issue of competency. With the trial quickly approaching, the Smart family now must confront a problem, how can Elizabeth be protected from the trial's emotional toll.
Attorney Greg Skordas has been hired to look out for her interests. He is in Salt Lake city this morning.
Good morning to you, Greg.
GREG SKORDAS, SMART FAMILY ATTY.: Good morning.
COLLINS: Thanks for being here.
Let me ask you, we really haven't heard very much about how Elizabeth is doing. I know you visited the home and had a chance to see her. How does she seem to you, both physically and emotionally?
SKORDAS: If you saw her, went to her home and visited with her and you didn't know about the situation, you wouldn't figure it out from anything, any of the surroundings or any of her demeanor. She seems like any other 15-year-old kid. She walks around the house, she plays with her friends, she runs outside. She seems really, really happy. She's playing her harp again. From all indications that I've seen, she seems perfectly fine.
COLLINS: Wow, that's great news. Let's talk now about the case a little bit. Any defense of Mitchell and Barzny (ph) is likely to include questions about why or why not. She did not leave them. What's your take on that? And did she have a few chances to get away while in public?
SKORDAS: Well, I think it goes without saying during nine months she would have had some opportunity to get away. She would have had the ability to leave or to cry out for help or something. It appears, from the interviews that have taken place with several people, that she was fearful not only for her own safety, but for her family's, that there may have been at least an implied threat that if she left, her family would be in danger. And I think that it says a lot for her, that she was willing to stand tall and to protect her family, as well as herself, during that period of time, and that's why she didn't leave.
COLLINS: Greg, does this speak to her maturity level at all? It seems very, very mature, to me.
SKORDAS: Oh, yes. For a kid that was 14 at the time and now 15, she has shown remarkable maturity. And she still does. I mean, the fact that she's home, and reunited, and doing well and ready to go back to school, ready to go start high school next year, matriculate with her friends, says a lot about her and sort of the environment that she's been raised in.
COLLINS: To a delicate issue now, I know the family was very hesitant about the sexual abuse charges being filed in this case, and there have been two aggravated sexual abuse charges, are they OK with that now? How do they seem to you on this very idea?
SKORDAS: I think the family's fine with it. There were certainly some discussions at the beginning with the district attorney's office and the law enforcement about whether those charges needed to be filed, because there are these kidnapping charges and burglary charges that certainly carry very, very stiff criminal penalties. There were certainly other sexual assault charges that probably could have been filed. And so striking the balance with the district attorney's office and the right number of charges that would assure substantial, if not life, prison term, and still not expose her to too much of the threat of having to come and testify or spend much time on the witness stand. People were real sensitive to both of those issues.
COLLINS: And rightfully so. Now, if in fact she did have to testify, would there be any arrangements made so she might not have to do that in open court?
SKORDAS: You know, the case is still early. And before the case would go to trial, there would be a preliminary hearing. And in Utah, a preliminary hearing can proceed on what's called hearsay evidence, which would mean her testimony could be by way of her prior videotaped or recorded testimony, or by way of people who had interviewed her or talked to her. So she may not even need to appear live.
If the case went to trial, there would be a greater likelihood that the state would need to put her on the stand. That's quite a ways away. And hopefully, we can avoid that as well.
COLLINS: All right. One thing at a time. Greg Skordas, Elizabeth Smart's attorney, thank you for joining us from Salt Lake City this mornign.
SKORDAS: Thank you.
TO ORDER A VIDEO OF THIS TRANSCRIPT, PLEASE CALL 800-CNN-NEWS OR USE OUR SECURE ONLINE ORDER FORM LOCATED AT www.fdch.com
Could Begin in June>
Aired April 23, 2003 - 09:15 ET
THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.
HEIDI COLLINS, CNN ANCHOR: Preliminary hearings in the trial of Elizabeth Smart's accused abductors could begin as early as June. Brian David Mitchell appeared in court yesterday, as did his wife, Wanda Barzny (ph), in a separate hearing, both on the issue of competency. With the trial quickly approaching, the Smart family now must confront a problem, how can Elizabeth be protected from the trial's emotional toll.
Attorney Greg Skordas has been hired to look out for her interests. He is in Salt Lake city this morning.
Good morning to you, Greg.
GREG SKORDAS, SMART FAMILY ATTY.: Good morning.
COLLINS: Thanks for being here.
Let me ask you, we really haven't heard very much about how Elizabeth is doing. I know you visited the home and had a chance to see her. How does she seem to you, both physically and emotionally?
SKORDAS: If you saw her, went to her home and visited with her and you didn't know about the situation, you wouldn't figure it out from anything, any of the surroundings or any of her demeanor. She seems like any other 15-year-old kid. She walks around the house, she plays with her friends, she runs outside. She seems really, really happy. She's playing her harp again. From all indications that I've seen, she seems perfectly fine.
COLLINS: Wow, that's great news. Let's talk now about the case a little bit. Any defense of Mitchell and Barzny (ph) is likely to include questions about why or why not. She did not leave them. What's your take on that? And did she have a few chances to get away while in public?
SKORDAS: Well, I think it goes without saying during nine months she would have had some opportunity to get away. She would have had the ability to leave or to cry out for help or something. It appears, from the interviews that have taken place with several people, that she was fearful not only for her own safety, but for her family's, that there may have been at least an implied threat that if she left, her family would be in danger. And I think that it says a lot for her, that she was willing to stand tall and to protect her family, as well as herself, during that period of time, and that's why she didn't leave.
COLLINS: Greg, does this speak to her maturity level at all? It seems very, very mature, to me.
SKORDAS: Oh, yes. For a kid that was 14 at the time and now 15, she has shown remarkable maturity. And she still does. I mean, the fact that she's home, and reunited, and doing well and ready to go back to school, ready to go start high school next year, matriculate with her friends, says a lot about her and sort of the environment that she's been raised in.
COLLINS: To a delicate issue now, I know the family was very hesitant about the sexual abuse charges being filed in this case, and there have been two aggravated sexual abuse charges, are they OK with that now? How do they seem to you on this very idea?
SKORDAS: I think the family's fine with it. There were certainly some discussions at the beginning with the district attorney's office and the law enforcement about whether those charges needed to be filed, because there are these kidnapping charges and burglary charges that certainly carry very, very stiff criminal penalties. There were certainly other sexual assault charges that probably could have been filed. And so striking the balance with the district attorney's office and the right number of charges that would assure substantial, if not life, prison term, and still not expose her to too much of the threat of having to come and testify or spend much time on the witness stand. People were real sensitive to both of those issues.
COLLINS: And rightfully so. Now, if in fact she did have to testify, would there be any arrangements made so she might not have to do that in open court?
SKORDAS: You know, the case is still early. And before the case would go to trial, there would be a preliminary hearing. And in Utah, a preliminary hearing can proceed on what's called hearsay evidence, which would mean her testimony could be by way of her prior videotaped or recorded testimony, or by way of people who had interviewed her or talked to her. So she may not even need to appear live.
If the case went to trial, there would be a greater likelihood that the state would need to put her on the stand. That's quite a ways away. And hopefully, we can avoid that as well.
COLLINS: All right. One thing at a time. Greg Skordas, Elizabeth Smart's attorney, thank you for joining us from Salt Lake City this mornign.
SKORDAS: Thank you.
TO ORDER A VIDEO OF THIS TRANSCRIPT, PLEASE CALL 800-CNN-NEWS OR USE OUR SECURE ONLINE ORDER FORM LOCATED AT www.fdch.com
Could Begin in June>
