Local attorneys weigh in on Mitchell case


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SALT LAKE CITY - No one knows how long it will take for the jury in the Brian David Mitchell case to come back with a verdict, but attorneys separate of the case agree, it comes down to the expert testimony from both sides of the case.

"It's not like any trial we've ever seen in this state, " said attorney Greg Skordas. "And it's probably an unusual trial nationally."

The jury has weeks of testimony to go through and will need to decide which experts they believe -- the defense's who say Brian David Mitchell is too crazy to know kidnapping Elizabeth Smart was wrong, and the prosecution's who say Mitchell is competent and manipulative.

"In essence, it's a contest," said attorney Marc Rasich. "Maybe contest isn't the right word, but the jury is going to need to consider the credentials of each of the experts, the testimony of each of the experts, what the experts saw or did, or relied upon when reaching their conclusion."

When Smart was kidnapped, people across the state searched for her. When she was found alive, the citizens of Utah rejoiced, and that may play a role in their decision.

Skordas says, "The next logical sense to that would be there is some sense of community to making sure justice is done. Whatever that is. Some people might think that's finding him guilty and putting him in prison forever, but it also might be finding him not guilty by reason of insanity, and having him hospitalized for probably the rest of his life."

It needs to be a unanimous vote by the jury.

E-mail: jstagg@ksl.com

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Jennifer Stagg

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