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Posted by: debbie ( )
Date: November 04, 2010 03:34PM

Did they let Elizabeth Smart come home from her mission before it is over to testify in the trial of her captor or is she done with the mission?

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Posted by: debbie ( )
Date: November 04, 2010 03:35PM


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Posted by: bona dea ( )
Date: November 04, 2010 03:35PM

I think she is going back, but now the trial has been delayed it is anyone's guess.

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Posted by: bookish ( )
Date: November 04, 2010 05:06PM

Yes, the Salt Lake Tribune reported (before the delay) that she's supposed to return after the trial.

Now I'm sort of curious what her missionary companion thinks about having her for a companion. Of course if she's not from the states she may never have heard of her before.

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Posted by: Highland ( )
Date: November 04, 2010 05:09PM

She's kind of a LDS goddess, isn't she?

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Posted by: Stray Mutt ( )
Date: November 04, 2010 06:50PM


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Posted by: Strykary ( )
Date: November 04, 2010 10:23PM

Not so, she's royalty.

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Posted by: bookish ( )
Date: November 05, 2010 10:10AM

Has that rule about coming home for funerals changed over the years? My dad was in a bad accident as a child (fell off a house while retrieving a ball) and very nearly died. His older brother was allowed to come home from his mission to see him.

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Posted by: bona dea ( )
Date: November 04, 2010 06:54PM

Well, neither Elizabeth nor the the church gets to decide whether she returns to testify. The courts decide and they have subpoena power and can throw you in jail if you don't comply. I don't think she is getting any special favors from the church on this because it isn't their call. If you are called to testify, you show up.

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Posted by: vhainya ( )
Date: November 04, 2010 07:14PM

didn't go to trial when she was a child. As an adult she'll be able to proceed with a clearer head.

I do think it would be ironic for the church if she were to go apostate on them. :) They hate when that happens.

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Posted by: Cristina ( )
Date: November 04, 2010 07:13PM

It's true that if you get subpoenaed, you have to show up. But there's no subpoena power when she's out of the country if she wasn't served the subpoena here before she left, which is unlikely since the trial date was not scheduled before she left. So this has to have been an agreement. My guess is that the church agreed ahead of time that she could go on a mission and come back whenever the trial should be scheduled.

This is a public relations issue for the church. They couldn't appear to be preventing her from testifying on a case everyone has heard about. And I do believe she's getting special treatment because in any other circumstance the church would not have accepted her as a missionary knowing she needs to go to trial to testify about being raped while in the middle of her mission. I think all missionaries should get this special treatment, so I don't oppose her being allowed to come home for this. It just goes to show the church can treat missionaries a little more humanly when it wants to.

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Posted by: honestone ( )
Date: November 04, 2010 09:05PM

Of course she is getting special consideration. Probably was sent to France or wherever so she would be out of the country for this. There is a lot more to this story than they want out IMO....I never bought it all.

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Posted by: Soft Machine ( )
Date: November 05, 2010 10:10AM

I may be wrong, but I would guess that she was sent to France because we have VERY strong privacy laws here which prevent a lot of gutter journalism, thus protecting her from media overkill/stalking...

She certainly deserves such protection.

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Posted by: angsty ( )
Date: November 05, 2010 10:30AM


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Posted by: J. Chan ( )
Date: November 04, 2010 10:53PM

the power to effect the service of a subpoena outside the U.S. They do have the power to effect service of a U.S. national or resident living outside of the U.S. Moreover, they probably have the power to make a U.S. resident return to their state of residence to be a witness at a federal trial pending in a federal district court pending in a federal district court located within the borders of that state, notwithstanding the 100 mile rule.

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Posted by: bona dea ( )
Date: November 04, 2010 10:57PM

J. Chan Wrote:
-------------------------------------------------------
> the power to effect the service of a subpoena
> outside the U.S. They do have the power to effect
> service of a U.S. national or resident living
> outside of the U.S. Moreover, they probably have
> the power to make a U.S. resident return to their
> state of residence to be a witness at a federal
> trial pending in a federal district court pending
> in a federal district court located within the
> borders of that state, notwithstanding the 100
> mile rule.
\

I am not lawyer, but that is my understanding. At any rate, the church would look bad refusing to allow a victim to return to testify.I doubt they would want the bad publicity or would want to go up against the courts. She may have gotten special treatment by being allowed to go in these circumstances and there is no doubt that she got a plumb calling.

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Posted by: Cristina ( )
Date: November 11, 2010 02:53AM

My mistake, I momentarily forgot this is a federal case not a state prosecution. Federal subpoenas can be enforced though served out of the country.

I agree the church violates policy when it benefits them.

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Posted by: anagrammy ( )
Date: November 04, 2010 07:50PM


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