Viti: Did he ever tell you to refer to him and Wanda Barzee as mom and dad?
Smart: There was a time he told me to refer to him and Wanda as mom and dad, but it was only in public.
Viti: Did the defendant use vulgar language while being held in Utah?
Viti: Could you describe when he used such language?
Smart: He used it fairly frequent, but he would especially use it while he was drinking or before he would rape me.
Viti: Would he use vulgar language to refer to the male and female genitalia?
Viti: Would he use that kind of language before raping?
Viti: Were there other times he would use vulgar language?
Viti: Would you explain to the jury those times?
Smart: Um, he would use vulgar language. Well um, there came a time when he said that we had to sink below all things so one day we could rise above all things, and he brought pornography in the camp and he would talk about the women using vulgar terms.
Viti: The pornography, was that in California or in Utah?
Smart: That was in California.
Viti: Focus on the time in Utah. Were there times he would use vulgar language when he returned from Salt Lake City or return to the camp?
Judge, I wonder if it would be appropriate to repeat a phrase used.
Viti: When he was returning to the camp did he ever say to you “I’m going to f*** your eyes out”?
Viti: Would he do that often?
Viti: What would happen when he returned to the camp and said that?
Smart: He would rape me.
Viti: And on these occasions before he would rape you would he refer to religion in any way?
Viti: Ms. Smart, did there come a time when the defendant removed the cable from your ankle?
Viti: Could you describe the events leading up to him removing the cable?
Smart: Um. The night before he gave me a key to wear around my neck and then the next morning he cut the cable off my ankle.
Viti: What did he tell you when he gave you the key? Did he tell you anything about that key?
Smart: Um ... not that I can recall.
Viti: Is this the key that was on the green lanyard? [Viti holds up a key.]
Viti: That evening when you had that key, what were the sleeping arrangements? Where they the same as when you described them yesterday?
Viti: What would you have had to do to use that key to unlock the lock?
Smart: I would have had to stand up right next to him, unzip the tent right next to this head, go outside and unlock the lock that connected me onto the stationary cable, coil my cable up and run down the mountainside.
Viti: Would you have had to climb over the defendant in order to reach the tent zipper?
Viti: What kind of sleeper was the defendant?
Smart: He was a light sleeper.
Viti: What happened the next day?
Smart: The next day, he took the bolt cutters out and cut the cable off my ankle.
Viti: Did he say anything to you before he removed the cable?
Smart: He said, “Even though you have this cable removed of your ankle now, that doesn’t change the fact that you will be killed if you try to escape. Your family will be killed. (If you try to escape).”
Viti: When he removed the cable did he dismantle the other components of the cabling system?
Viti: After the defendant removed the cable from your ankle, did the sleeping arrangements in the tent change?
Viti: Could you describe that for the jury?
Smart: Yes. Instead of our head being at the zipper of the tent, we did a quarter turn so our bodies were parallel to the tent door. I was farthest away next to the tent wall. The back of the tent, he was next to me. His wife was right in front of the tent door.
Viti: Ms. Smart, while you were still untethered were you ever left alone in the camp?
Viti: Ms. Smart, I’d like to turn your attention to the date of July 23-24, 2002. Do you recall what occurred on those dates?
Viti: Can you tell us what occurred?
Smart: Yes. He decided it was time to go and kidnap another little girl to become another wife.
Viti: Who was that other young girl? Did he I.D. her?
Smart: Yes. It was my cousin.
Viti: How was it the defendant knew about your cousin?
Smart: I had talked about when I was younger, I used to go over to her house and I used to play with her. We grew up being very close.
Viti: Did you tell the defendant how old your cousin was?
Smart: He asked me like if she babysat me or if she was my age. She is my age.
Viti: Before you told him her age, he asked you if she babysat you?
Viti: During these conversations with the defendant, describe the conversations you had with the defendant about your cousin.
Smart: I would just mostly talk about times we shared together. She was one of my really ... one of my closest friends at that time. He would act interested and engaged (in what I was saying). I didn’t think anything else of it at the time.
Viti: When you were having these conversations did you have any knowledge of what he told you he intended to do on July 23 and 24?
Viti: On July 23 what occurred?
Smart: He prepared to go down to Salt Lake and go and kidnap my cousin.
Viti: in the general vicinity, where did your cousin live at that time?
Smart: She lived very, very close to the mouth of Big Cottonwood Canyon.
Viti: What preparations did you observe him making before he left that day?
Smart: I was watching him pack the green bags that he had used when he had kidnapped me.
Viti: What did you see him pack into the green bags?
Smart: I saw him pack into the green bags some ... a change of clothing, different from his robes. I saw him pack duct tape. I saw him pack a knife. I saw him pack ... I recall him packing some food and water.
Viti: Your honor, may Special Agent Paproch talk to the witness please?
Judge: Yes he may.
Viti: Thank you. ... Ms. Smart, I ask you to look at government exhibit 42 in evidence. Do you recognize government exhibit 42?
Viti: What do you recognize that to be?
Smart: One of his green bags that he would use.
Viti: And is government exhibit 42 similar to one of the bags you saw him pack on July 23? Is government exhibit 42 similar to the bags you saw on the morning of June 5, 2002?
Viti: Your honor, may we publish it?
Judge: You may.
Viti: Ms. Smart, I’d ask you to look at government exhibit 25. Do you recognize government exhibit 25?
Viti: What do you recognize that to be?
Smart: Um ... the knife that he had with him.
Viti: Ms. Smart, referring to government exhibit 25, when you saw him pack that knife ... when you say he had with him ... is that on July 23, 2002?
Viti: When you saw that knife on July 23, 2002. Did the defendant say anything to you?
Smart: Yes. He asked if I recognized it.
Viti: What was he doing when he asked that?
Smart: He was holding it in his hands, holding it up.
Viti: What did you say to him?
Smart: I said yes.
Viti: What happened after?
Smart: He asked me if I remembered what he said too.
Viti: What did you tell him?
Smart: I tried to repeat what he said to me the night he kidnapped me. But I didn’t say it exactly the way he said it. So he repeated it back to me word for word.
Viti: What did he say?
Smart: I don’t know if I can repeat it exactly now. I have a knife at your neck. Don’t make a sound or I will kill you or your family. Get up and come with me.
Viti: Does government exhibit 25 look like the knife you saw on June 5, 2002?
Viti: What’s similar about it?
Smart: It has a blade and the blade has a jagged part on it. The blade is connected to the handle. It’s not a pocketknife or foldable or slidable at all.
Viti: Judge, may that be published?
Judge Kimball: Yes, it may be published.
Viti: I ask that you look at government exhibit 26. Do you recognize government exhibit 26?
Viti: What do you recognize it to be?
Smart: The sheath of the knife.
Viti: What else is included in government exhibit 26?
Smart: A blue sash.
Viti: Did you see that sheath and sash on July 23?
Viti: Did he put that knife in the bag on July 23?
Viti: May we publish it?
Judge Kimball: You may.
Viti: Ms. Smart, can you describe the duct tape that you saw him put in the bag?
Smart: It was on a cardboard cylinder like the kind in the middle of a roll of toilet paper and he wrapped it around it.
Smart: He said it was to save on weight and room.
Viti: Look at government Exhibit 35. Do you recognize it?
Smart: Yes. It’s duct tape around a cardboard cylinder.
Viti: Does that look like the duct tape he wrapped around the cardboard cylinder on July 23?
Viti: May we publish it?
Judge Kimball: You may.
Viti: Ms. Smart, can you describe the clothing you saw him pack in the backpack?
Smart: It was dark clothing, the same he used to kidnap me in, a stocking cap, dark shirt, dark sweats.
Viti: What clothing did he leave in?
Smart: He left in the linen robes.
Viti: Did he tell you how he was going to kidnap your cousin?
Smart: He said that he was going to, um, he was going to try the same way he kidnapped me and he would take her back into Big Cottonwood Canyon and hike over the different mountains until he came into the canyon we were in.
Viti: Did there come a time on July 23 when the defendant left the camp?
Viti: Did there come a time when he returned?
Smart: Not on the 23rd but on the 24th.
Viti: Can you tell us what happened when he returned on the 24th?
Smart: He came back and said we weren’t ready to receive another wife yet and he talked about what had happened a at the Wrights’ home.
Viti: What did he tell you?
Smart: He said he had snuck around the back. There was a window that was slightly open, he pulled it and opened it a little bit more.