Judge Dale Kimball: Let’s get the jury to proceed. The United States may call the next witness.
Prosecutor Diana Hagen: I’d like to revisit the stipulations of fact. These have been signed by both parties, it is agreed:
On June 5, 2002, at 4;02 a.m. Salt Lake City police were dispatched to the home of Elizabeth Smart in response to a 911 call from her home. Observing officers found a kitchen window open and the screen cut. Wrought iron patio chairs were under, the back legs were off the ground, with the back rested against the stucco of the house.
Government exhibit 16 is a fair and accurate representation of the chair and window as it appeared in the early-morning hours of June 5, 2002. No further evidence will be admitted on this issue.
Yvette, could you pull up exhibit number 5 please? Oh, excuse me, not 5. Let’s do 63, stipulation of fact: Government exhibit 63 is a photograph of Brian David Mitchell. No additional evidence need be admitted on this issue.
Exhibit 9, stipulated and agreed on or about June 5, 2002, the window to the right of the kitchen sink in the home of Elizabeth Smart was secured as evidence by Utah State Crime lab, and is in substantially the same condition when seized by Utah State Crime lab. No additional evidence needs to be admitted.
Exhibit 11, stipulated and agreed, on or about June 5, 2002, the screen from the window to the right of the home of Elizabeth Smart was secured by the Utah State Crime Lab. Government exhibit 11 is the screen from the window to the right of the kitchen sink, in substantially the same condition as when seized. No further evidence need be admitted.
Finally, exhibit 5, hereby stipulated and agreed, on or about June 5, 2002, a pair of red satin pajamas from Lois Smart’s closet were secured by Utah State Crime Lab, in substantially the same condition as when seized. No additional evidence need be admitted.
Judge: Thank you. Now you may call your next witness, Ms. Cook.
Prosecutor Alicia Cook: The government calls Mary Katherine Smart.
Judge: Come forward and be sworn in.
Smart: Mary Katherine Smart [spells it].
Cook: Good morning.
Smart: Good morning.
Cook: Will you please tell the jury how old you are.
Cook: Have you graduated from high school?
Smart: Yes, I have. I graduated in January 2010. I am currently attending Brigham Young University.
Cook: First semester?
Cook: Are you missing class today?
Smart: Yes, I am.
Cook: What are you studying?
Smart: Anthropology, American heritage. I’m a special education major.
Cook: What made you decide on special education?
Smart: I worked with special education kids in high school and really enjoyed it.
Cook: Can you tell us who Lois Smart is?
Smart: She is my mother.
Cook: Who is Elizabeth Smart?
Smart: She’s my sister.
Cook: Mary Katherine, I’d like to talk with you about June 2002. Thinking back, how old were you?
Smart: 9 years old.
Cook: When were you going to turn 10?
Smart: July 8, so like a month.
Cook: What were you interested in?
Smart: I was into hanging out with my sister, drawing, using watercolor.
Cook: We heard that Elizabeth played harp.
Smart: Yes, I played too.
Cook: Did you play together?
Cook: Practice together?
Cook: Talk about a particular day, June 4, 2002. Were you still in school?
Smart: I think I had just gotten out.
Cook: And you finished?
Smart: Fourth grade.
Cook: You and Elizabeth did something?
Smart: We went running together.
Smart: A reservoir up by my grandmother’s house.
Cook: When you got back from running, did you do anything with your family?
Smart: I guess we went to Elizabeth’s award ceremony.
Cook: Do you remember anything about dinner?
Smart: Mom burned the potatoes.
Cook: What did that do to the house?
Smart: It made it smell, there was some smoke.
Cook: Did you have any routines?
Smart: Yes, we’d gather and have family prayer.
Cook: Did you do that?
Smart: Yes, we did that.
Cook: And after family prayer?
Smart: We had a little routine where she would read me a book, we’d read a book together.
Cook: Did you read together that night?
Cook: What were you reading?
Smart: “Ella Enchanted.”
Cook: You were sharing a room?
Cook: How was that working out?
Cook: In fact, will you tell me about your relationship with Elizabeth?
Smart: Well we still are best friends. We are really close. We did everything together.
Cook: I’d like to show you pictures of your room.
Does that look familiar, Mary Katherine?
Smart: Yes, that’s my bedroom.
Cook: The one you shared with Elizabeth?
Cook: And there should be a pointer up there for you. Can you show us which side of the bed was yours?
Smart: The right side was my side of the bed.
Cook: And which side was Elizabeth’s?
Smart: She was on the left.
Cook: I see a white desk with a stereo on it. Whose desk was that?
Cook: If we can move on to exhibit 19. Do you recognize this?
Smart: That’s another angle of my room.
Cook: Is this how your room looked in June 2002?
Cook: I noticed there was a big window at the foot of the bed. Would you cover it or leave it open?
Smart: We just left it open. We didn’t have any blinds.
Cook: Did that let light in?
Smart: The moonlight.
Cook: So if you were to wake up in the middle of the night, could you see things?
Smart: Yes. I could tell what objects were. Maybe not in detail . But you could tell.
Cook: Moving on. What’s this, Mary Katherine?
Smart: That’s my room. More of my room.
Cook: And this large window there. Is that the one we were talking about.
Cook: It’s typically not covered at night. And there was a shelf covered with dolls. Whose shelf was that?
Cook: Had you divided up the room?
Smart: Yes, we had.
Cook: Is this photo showing Elizabeth’s side of the room?
Cook: Moving on to exhibit 20. Do you recognize this?
Cook: Tell us what’s in this photo.
Smart: You can see part of the bed and into the hallway.
Cook: And this hallway we’re looking down, is there anything off to the right?
Smart: Yes, there’s a doorway into my bathroom and closet.
Cook: If we could have exhibit 21. Is this the bathroom?
Cook: And you could access this through the hallway before the door?
Cook: All right. Mary Katherine, you had been telling us Elizabeth was reading you a book. Did you fall asleep after she read to you?
Cook: Did something wake you up later.
Cook: Tell us about that.
Smart: I don’t know if I imagined this, but I feel like I had been nudged a little bit. I thought it was Elizabeth, so I was like, whatever. I’m just going to go back to sleep. I really woke up to Elizabeth getting up out of bed. And there was a guy in the room.
Cook: Did you open your eyes?
Cook: And you were able to see there was someone in there?
Smart: Yes, I was.
Cook: Was that someone supposed to be in your room?
Cook: Did you recognize that person?
Cook: Were you able to hear the man speak?
Cook: Tell me what happened when Elizabeth got up.
Smart: They went into the bathroom and closed the door and talked a little bit, and then they left.
Cook: Before they went into the bathroom, were you able to see much about this man?
Smart: He was wearing really light clothing.
Cook: Were you able to see what he was holding?
Smart: He was holding a knife.
Cook: How close was he to Elizabeth?
Smart: Like holding her arm close.
Cook: You said you could hear voices. Do you remember anything that was said by the man?
Smart: Not too much. I think Elizabeth asked what he was going do with her. He said keep her as a hostage, or they were going to hitchhike or something.
Cook: Mary Katherine, what were you doing while this was going on?
Smart: I was still in bed.
Cook: What were you doing?
Smart: I was faking, pretending I was sleeping.
Cook: Why pretending?
Smart: Because I thought if I got up he’d take me, too.
Cook: Were you afraid?
Smart: Yes, very afraid.
Cook: Can we have exhibit 20 back up for a minute? Can you show us with the laser pointer where took Elizabeth?
Smart: He came out of the bedroom and went into the bathroom.
Cook: How do you know?
Smart: They turned on a light.
Cook: How long?
Smart: I don’t know how long exactly. Not too long.
Cook: Mary Katherine, you’ve already told us that this a closet and you access it through the bathroom.
Cook: Is it shared?
Cook: You kept clothing and shoes in there?
Cook: When they were done in bathroom, what happened next?
Smart: They left the room.
Cook: Did you still hear voices? How do you know they left?
Smart: They turned off the lights. I would have known if they came back in room. I remember hearing a floorboard squeak.
Cook: What did you do after they left?
Smart: I stayed in bed. I was scared. I couldn’t do anything.
Cook: You couldn’t do anything?
Smart: Nuh uh. I was just shocked and petrified and I didn’t know what to do.
Cook: This may sound like a ridiculous question ...
Smart: Just knowing someone had come into my bedroom and taken my sister.
Cook: So you were in your bed. What were your thoughts?
Smart: I was thinking I’ve just got to go in and tell my parents.
Cook: How long did you sit in bed?
Smart: We had a grandfather clock downstairs. I heard it going off a couple of times, a couple of hours.
Cook: Did you try to get out of the bed?
Smart: I got out and I saw two people in white. I ran back into my bedroom.
Cook: Did you know what you saw?
Cook: How did you feel when you saw that?
Smart: I was even more terrified.
Cook: Where did you go?
Smart: I went back to the bed.
Cook: Did that seem like the safest place?
Smart: Yes, it did.
Cook: How long did you stay there?
Smart: I don’t even know.
Cook: Did you still feel like you needed to tell your parents what happened?
Cook: You were able to do that at some point.
Smart: Yes, I was. I finally got up and had the baby blanket I’ve had forever. I booked it into my parents’ room.
Cook: By “book it,” you mean as quickly as you could?
Cook: Did that take a lot of courage?
Smart: Yes. I went over to dad’s side and tried to wake him up, but he didn’t seem to wake up. I went to mom’s side and told her Elizabeth was gone.
Cook: How did they react?
Smart: My dad got up and went and checked.
Cook: Did either of your parents go downstairs?
Smart: Yes, my mom did.
Cook: Where were you?
Smart: I followed her. I didn’t want to be alone.
Cook: Were you there when she turned on the kitchen light?
Smart: Yes, I was.
Cook: You were there when she saw the kitchen window?
Cook: What did she do when she saw the kitchen window?
Smart: She cried out.
Cook: Did police come?
Smart: They did.
Cook: Did you end up talking to police that morning?
Smart: Not really.
Cook: Did you know who he was?
Cook: Any sense of who he was?
Cook: Did you stay at that home?
Smart: I stayed with my grandmother, at my grandmother’s house.
Cook: How long?
Smart: I stayed with her all summer.
Cook: When school started again, you returned to your home?
Smart: Yes, I did.
Cook: Did you go back to that bedroom you shared?
Smart: It took time, but eventually I did.
Cook: Who did you sleep with?
Smart: With my parents on the floor.
Smart: I was scared to sleep in my room.
Cook: When you did make it back to the room you shared, did you do anything at night to comfort yourself?
Smart: Yeah, I slept with a night light.
Cook: How long did that last?
Smart: Probably until I was in seventh grade.
Cook: Did you ask him to do anything to make you feel safer?
Smart: Yes, to come in every night to tuck me in there, to check on me.
Cook: Why did you want him to check on you?
Smart: To make sure I was still in there.
Cook: Did you think about that night and how that would have been?
Cook: How long did you think about it?
Smart: When we went to the Children’s Justice Center, I was thinking about it and give a detailed description. No one contacted us, I had just been thinking about it.
Cook: You were doing what the police had asked you to do?
Cook: And at some point after you were back in the home did something occur to you about who the man might have been?
Smart: I was waiting for my dad to tuck me into bed and was looking at a Guiness Book of Records, and I was thinking about who it could have been and the workers who had been through my house.
Cook: What occurred to you?
Smart: The name Emmanuel had popped into my head.
Cook: Is that someone you had met before?
Cook: Where did you first meet him?
Smart: I first remember seeing him when my mom took us school shopping.
Cook: In the fall of 2001?
Cook: Were you all together, your mom and your siblings?
Cook: Tell us about that time.
Smart: I just remember talking a little bit. Not very much.
Cook: Do you remember if the man had long hair and a beard?
Smart: He was very clean shaven.
Cook: Was he wearing robes?
Smart: No. He was just wearing normal clothes.
Cook: Was there anything that frightened you?
Smart: He just seemed like a normal, ordinary guy.
Cook: Did you ever talk to him?
Smart: My little brother was very good at making friends. He was talking with all the workers. I just went out when he was talking with them.
Cook: Did the man tell you what his name was?
Smart: He must have, because my little brother asked him what Emmanuel meant.
Cook: Did he tell you?
Cook: What did he say?
Smart: He said it meant Jesus Christ. It had things to do with god.
Cook: But something to do with god?
Cook: In those times you had talked with him ... did he use old kind of Biblical language?
Smart: No. He just talked normally.
Smart: Other than telling you his name had something to do with god, did he talk to you about religion at all?
Cook: Mary Katherine, who was the first person you told that Emmanuel was the man who was in your room and took Elizabeth?
Smart: My dad.
Cook: Did you tell him that night?
Smart: Yes, when he came to my room.
Cook: And did you tell the police?
Smart: I think so. I don’t remember.
Cook: Your honor, if I could have just a moment.
Cook: Mary Katherine, thank you. The defense might have a few questions for you.
Judge: Thank you, Ms. Cook. You may cross examine.
Defender: Your honor, we don’t have any questions.
Kimball: Thank you. You may sit down, Ms. Smart. The U.S. may call its next witness.