Thursday, November 4, 2010

The alleged events by Elizabeth

This is a unedited transcript of Smart’s testimony. Warning: It is sexually graphic.

Tolman: Ever a word fast where he would not speak for long periods of time?

Smart: No.

Tolman: Ever feed the hungry, clothe the naked, visit the sick or afflicted?

Smart: No.

Tolman: Were you ever sick during this nine month period of time?

Smart: There was a time when he gave me too much to drink, which I ended up vomiting all over myself. He let me lie face down in my vomit for the entire night until I woke up the next day.

Tolman: What did he say?

Smart: He said that was showing my true state that I was laying face down in my vomit.

Tolman: Did he ever acknowledge what he was doing was wrong?

Smart: No.

Tolman: Did you ever question him on inconsistencies with values of religion?

Smart: Yes. He said the world was wrong. It was a wicked place. I had been brainwashed by the world and he was the lord's servant and doing the lord's will.

Tolman: You were how old?

Smart: 14

Tolman: Observe him to be manipulative?

Smart: Yes, manipulative.

Tolman: Wanda?

Smart: Yes.

Tolman: Did he manipulate you?

Smart: Yes.

Tolman: Did he try to manipulate you or try to manipulate others?

Smart: Yes.

Tolman: What would he do to try to manipulate them?

Smart: He would not ... there was one younger man in particular who he worked at Wild Oats.

Tolman: Wild Oats the grocery store?

Smart: Yes, the place that now is Whole Foods. He worked there and he used to just run things across the scanner so it looked like he was scanning things but he wasn't. He would put them in a bag and give them to Brian David Mitchell

Tolman: So the individual at the grocer ... he went to him because he could get advantage of him ...

Smart: He wouldn't actually scan them just made it look like he was scanning, so he was stealing from the store. The young man was not -- he was on the edgy side, like he had dyed his hair dark and drank, did drugs, went to raves, to the best of my knowledge that's how he was. Brian never condemned him for doing it, talk about spiritual-related things or religious-related things, talk about god and how god had no respect for a person. I guess this young man felt accepted by Brian. He helped Brian out.

Tolman: Did he turn religion on and off to get what he wanted?

Smart: Yes.

Tolman: You indicated the Kemp family. Was that a time when he turned religion on or off? Did he tell you what happened with the Kemps?

Smart: He said that he went to this LDS meeting and that they were just very kind to him and invited to his home for Sunday dinner.

Tolman: What was he wearing with dinner?

Smart: More casual attire, hair pulled back into a ponytail, he had elastic around his beard.

Tolman: Religious-type robe?

Smart: No, regular clothes. He said he pretended to be an investigator in the church and that by doing that they invited him into their home and he saw a picture of a young girl and asked if that was their granddaughter. They laughed and said, 'No that's my daughter. I'm divorced from my first husband. She spends every other weekend and Wednesdays here.'

Tolman: Did he say purpose of the meeting?

Smart: Yes, he said it was to find a second wife.

Tolman: Did he say her age?

Smart: Yes, he said she looked about my age.

Tolman: Did he act differently around those who agreed and disagreed?

Smart: Those who agreed, he would say god bless you and say yes and be agreeable; those who didn't he would ignore or walk away or start singing, or he would call them to repentance.

Tolman: He would walk away or ignore or sing, but he was different if someone agreed or didn't?

Smart: Yes.

Tolman: The decision was made to leave Utah and go to San Diego.

Smart: Winter was getting closer and the underground house they were digging was nowhere near being finished. He decided we had to move somewhere warmer, that's what the lord wanted him to do, go find wife number two.

Tolman: Any other reasons?

Smart: As far as I know, to move away for winter and find wife number two.

Tolman: Was it beginning to get cold in Utah?

Smart: Yes.

Tolman: When in San Diego, was there an incident where he was arrested?

Smart: Yes.

Tolman: What did he say happened?

Smart: We didn't have any food, so he said he was going to go minister, and um, he said that he went down to the little town we were staying nearby, Lakeside. The first thing he did was instead of getting, buying a bus fare, he went to a convenience store and bought a beer and walked around Lakeside. A woman who had a cart, the little wire pull-along things people use. She had some prescription medications on top. He asked for it, she said no, she went into a store, left the cart for a moment, he stole the prescription medicine and took a few pills. I don't know what they were. Then he broke into a church nearby, and I'm not sure what denomination or building it was, broke in, broke a window and he passed out in there because of the alcohol and the drugs. The next morning he was awoken by some police officers. A young woman who worked there had come in, not sure what for, they took him.

Tolman: Arrested him?

Smart: Yes.

Tolman: Did he tell you about being booked into jail?

Smart: Yes, he was sitting cross-legged on floor, had some worn-out longjohns, thermal pajamas, under his robe and he had the robe up high. There was a big hole in the crotch of the underwear, right where his private parts were, and he said when they were booking him in, they could see everything and they liked what they saw.

Tolman: Did he have a lawyer?

Smart: Yes.

Tolman: What did he say?

Smart: He was a bright young man, and when he went into the judge, he wanted to plead not guilty and the lawyer said he had to plead guilty and pay for the window and do some community service.

Tolman: Did he indicate if he followed the lawyer's advice?

Smart: Yes.

Tolman: Where was Wanda?

Smart: Lakeside. She set up camp. It was a holiday weekend when he went out, and I'm not quite sure, President's Day or [Martin Luther King Jr.] day, I don't remember which holiday it was. He had to sit in jail for three days before going before a judge, they had to be business days. It was actually six or seven days before he came back to camp.

Tolman: Did he indicate to the judge you three were staying with friends? Was he lying?

Smart: Yes.

Tolman: Did he describe the legal system or charges against him?

Smart: No.

Tolman: Was he ever confused about things?

Smart: No, he was very smart, knew a lot of things.

Tolman: Was he ever bewildered, confused or out of control?

Smart: No.

Tolman: Did you observe him singing?

Smart: Yes.

Tolman: Did he sing often?

Smart: Yes.

Tolman: Did you observe him to sing to manipulate a situation?

Smart: Yes.

Tolman: Did he turn off or on the singing when he needed to?

Smart: Yes

Tolman: Did his desire or compulsion to sing ever get in way of what he wanted?

Smart: No.

Tolman: When he was trying to get sex, food, alcohol, transportation, did he burst into song?

Smart: No.

Defense lawyers: Objection, she didn't hear him.

Tolman: Did you observe him attempt to get sex, food, drug, transportation?

Smart: Yes

Tolman: Did he ever sing so it prevented to get those things?

Smart: No.