[ APPLAUSE ] >>> GOOD MORNING, EVERYBODY.
I’M MEGYN KELLY.
WE HAVE A LOT TO GET TO THIS
MORNING.
MORNING. AND "NEW YORK TIMES"
INVESTIGATIVE REPORTER, MEGAN
TWOHEY.
TWOHEY. CO-HOST OF "IN PRINCIPLE," AMY
HOLMES.
HOLMES. AND LEGAL ANALYST, DAN GOLDMAN.
HI.
HI. WE BEGIN WITH THE STUNNING
ANNOUNCEMENT THAT ONE OF
ELIZABETH SMART’S KIDNAPPERS IS
ABOUT TO BE SET FREE.
ALMOST IMMEDIATELY.
ALMOST IMMEDIATELY. WHEN SMART WAS 14, WANDA
BARZEE’S HUSBAND, WARREN DAVID
MITCHELL, KIDNAPPED HER.
BARZEE DID NOTHING AS HE HELD
SMART HOSTAGE AND RAPED AND
TORTURED HER DAILY.
NOW, BARZEE IS 72.
SHE PLEADED GUILTY, BY THE WAY.
AND SHE IS EXPECTED TO WALK OUT
OF PRISON NEXT WEEK.
AND ELIZABETH SMART IS ANGRY.
MORGAN RADFORD HAS THE LATEST.
WATCH THIS.
WATCH THIS. >> Reporter: THIS MORNING,
ELIZABETH SMART IS CALLING
INCOMPREHENSIBLE, AFTER LEARNING
THAT ONE OF HER KIDNAPPERS,
WANDA BARZEE, IS BEING RELEASED
FROM PRISON EARLY.
>> ELIZABETH, IF YOU’RE OUT
THERE, WE’RE DOING EVERYTHING WE
POSSIBLY CAN TO HELP YOU.
>> Reporter: SMART WAS JUST 14
YEARS OLD WHEN SHE WAS KIDNAPPED
FROM HER BEDROOM AT KNIFEPOINT
BACK IN 2002.
HER ABDUCTION, CAPTIVATING THE
COUNTRY.
COUNTRY. NINE MONTHS LATER, OUT OF
NOWHERE, THE NEWS HER FAMILY WAS
WAITING TO HEAR.
>> STARTLING STORY JUST COMING
ACROSS REGARDING ELIZABETH
SMART.
SMART. THE GIRL THAT WAS KIDNAPPED FROM
HER HOME IN JUNE OF LAST YEAR IS
APPARENTLY ALIVE.
APPARENTLY ALIVE. >> IT’S REAL.
IT’S REAL.
IT’S REAL. >> Reporter: SMART WAS FOUND 18
MILES AWAY FROM THE HOME WHERE
SHE WAS TAKEN, SPOTTED BY A
COUPLE WHO HAD SEEN SMART’S
STORY ON THE NEWS AND RECOGNIZED
HER ABDUCTORS.
HER ABDUCTORS. SHE WAS TAKEN BY WANDA BARZEE
AND HER HUSBAND, FORMER STREET
PASTOR, BRIAN DAVID MITCHELL,
WHO WORKED FOR A SHORT TIME AT
THE SMART HOME.
THEY WERE ARRESTED IN 2003 AND
CHARGED WITH HER KIDNAPPING.
IN 2010, BARZEE PLED GUILTY TO
AND WAS SENTENCED ON STATE AND
FEDERAL CHARGES.
FEDERAL CHARGES. SHE BEGIN SERVING A SENTENCE OF
1 TO 15 YEARS.
HER HUSBAND WAS SENTENCED TO
LIFE.
LIFE. BARZEE, WHO THE PAROLE BOARD
SAYS REFUSED TO ATTEND HER
HEARING, WAS TO BE BEHIND BARS
UNTIL 2024.
UNTIL 2024. MS. BARZEE WAS TO MEET WITH FOR
A PSYCH REVIEW.
>> Reporter: NOW, THE PAROLE
BOARD MUST APPLY HER TIME TO HER
STATE SENTENCE.
STATE SENTENCE. >> I WAS SURPRISED AND
DISAPPOINTING TO LEARN OF THE
PENDING RELEASE OF WANDA BARZEE.
IT’S INCOMPREHENSIBLE HOW
SOMEONE WHO HAS NOT COOPERATED
WITH HER MENTAL HEALTH
EVALUATIONS, CAN BE RELEASED
INTO OUR COMMUNITY.
SMART HAS WRITTEN TWO BOOKS ON
HER OWN KIDNAPPING AND PRODUCED
A MOVIE ABOUT HER ORDEAL.
>> I AM ELIZABETH SMART.
>> Reporter: SHE SAYS SHE HAS
FORGIVEN HER CAPTORS.
BUT THAT DOESN’T MEAN THEIR
ACTIONS ARE ACCEPTABLE.
>> DOING WHAT I DO TODAY, I
COULD NOT HAVE DONE IT THE DAY I
GOT HOME OR THE YEAR AFTER I GOT
HOME.
HOME. I NEEDED TIME TO FIND MY NEW
NORMAL.
NORMAL. LIKE IT OR NOT, I COULD NOT GO
BACK TO BEING THE SAME PERSON I
WAS BEFORE I WAS KIDNAPPED.
I HAD TO FIND A NEW NORMAL.
>> Reporter: NOW, 31, SMART SAYS
SHE IS NOT LETTING IT DEFINE
HER.
HER. MARRIED WITH TWO YOUNG CHILDREN,
SHE HAS A THIRD ON THE WAY.
BUT WHILE ELIZABETH SMART MAY
HAVE FORGIVEN HER KIDNAPPERS,
BARZEE’S EARLY RELEASE FURTHER
INSURES SHE CAN NEVER FORGET.
>> SURE DOES.
WOW.
WOW. WHAT DO WE MAKE OF THIS?
DAN, YOU’RE THE LAWYER.
WE’LL START WITH YOU.
DO THEY HAVE A CHOICE?
>> IT’S NOT CLEAR.
THE CRITICAL DIFFERENCE THAT
OCCURRED NOW FROM BEFORE IS,
THEY RECOGNIZE THAT THE
SENTENCES HAVE TO RUN AT THE
SAME TIME.
SAME TIME. THE FEDERAL AND THE STATE
SENTENCE ARE THE SAME SENTENCE
IN EFFECT.
IN EFFECT. AND THEY MISCALCULATED THAT
BEFORE.
BEFORE. THEY GIVE HER THE CREDIT FOR THE
FEDERAL SENTENCE FOR HER STATE
SENTENCE.
SENTENCE. >> YOU’RE SAYING THE FIRST
SENTENCE THAT LOOKED LONGER WAS
WRONG?
WRONG? >> IT’S NOT THAT IT WAS WRONG.
YOU CAN RUN SENTENCES
CONCURRENTLY, MEANS THEY CAN
COUNT AT THE SAME TIME OR
CONSECUTIVELY, WHICH MEANS ONE
AFTER THE OTHER.
HERS WERE CONCURRENT BUT THEY
CALCULATED THEM CONSECUTIVELY.
>> IT’S HARD TO FOLLOW.
>> DON’T SAY ANYTHING THAT
INCLUDES CONCURRENT OR
CONSECUTIVE IN THE NEXT
QUESTION.
QUESTION. >> IT’S NOT A DISCRETIONARY
THING.
THING. IT’S NOT LIKE THE PAROLE BOARD
CAN SAY, YOU APOLOGIZED.
>> LEGALLY, THEY HAVE TO LET HER
OUT, IS WHAT YOU’RE SAYING?
>> I DON’T KNOW IF THEY HAVE TO.
THEY HAVE TO CREDIT THAT
SENTENCE.
SENTENCE. BUT IF SHE’S NOT GOING TO APPEAR
FOR HER PSYCH EVALUATION OR
BEFORE THE PAROLE BOARD, SHE HAS
A SENTENCE OF 1 TO 15 YEARS.
IT HAS NOT BEEN 15 YEARS YET.
IT’S NOT CLEAR WHY THE FACTS
THEY MAKE THIS ADJUSTMENT MEANS
THAT SHE HAS TO GET OUT.
>> THAT’S THE CRAZY THING.
SHE IS NOT SHOWING UP TO THE
PATROL
PATROL PAROLE HEARING.
PAROLE HEARING. NOT AGREEING WITH THE MENTAL
HEALTH COOPERATIONS.
HEALTH COOPERATIONS. >> AND SHE HAS TO BE SUPERVISED
BY THE FEDS FOR FIVE YEARS.
CLEARLY, THEY THINK SHE’S A
PSYCHOTIC MENACE.
PSYCHOTIC MENACE. THAT’S WHY THEY’RE GOING TO BE
LOOKING AFTER HER.
MEGYN, YOU SAID SHE DID NOTHING.
SHE DID WORSE THAN NOTHING.
SHE PARTICIPATED IN THE ASSAULT,
THE RAPES, THE STARVATION OF
ELIZABETH SMART.
ELIZABETH SMART. I HEARD SHE WAS CHAINED WITH A
METAL ROPE TO A TREE.
SHE WAS RAPED MULTIPLE TIMES A
DAY.
DAY. WANDA BARZEE IS AN EVIL MONSTER
AND SHE PARTICIPATED IN ALL OF
IT.
IT. [ APPLAUSE ]
>> IT’S INTERESTING.
THIS IS JUST ANOTHER TIME THAT
ELIZABETH’S BEEN LET DOWN OR
SUFFERED FRUSTRATIONS WITH THE
CRIMINAL JUSTICE SYSTEM.
IF YOU GO BACK AND LOOK AT WHAT
HAPPENED WHEN HER KIDNAPPERS
WERE FIRST IDENTIFIED, AND
ARRESTED, IT TOOK, I THINK, HIM
SLIPPING THROUGH THE CRACKS OF
THE STATE COURT SYSTEM FIVE
YEARS BEFORE THE FEDS STEPPED IN
AND SUCCESSFULLY PROSECUTED HIM.
>> UNBELIEVABLE.
>> UNBELIEVABLE. >> YOU HAVE TO THINK TO HAVE
GONE THROUGH THAT ON THE FRONT
END AND HEAR SO MANY YEARS LATER
TO HAVE ANOTHER FRUSTRATION WITH
THE CRIMINAL JUSTICE SYSTEM OF
THIS MAGNITUDE.
THIS MAGNITUDE. >> ELIZABETH SMART, NOW, IF I
WERE ELIZABETH, I WOULD BE
LOOKING INTO SECURITY.
WANDA BARZEE’S SISTER, EVELYN,
HAS SAID, I DON’T THINK MY
SISTER SHOULD BE SET FREE.
I DON’T BELIEVE SHE’S MENTALLY
WELL.
WELL. AND SHE SUGGESTED THAT WANDA
BELIEVES ELIZABETH WAS THE ONE
IN THE WRONG BECAUSE SHE DIDN’T
HOLD TRUE TO THE COVENANT OF
MARRIAGE, TO HER RAPIST.
HER SISTER IS SAYING THIS IS A
BAD IDEA.
BAD IDEA. >> KEEP HER IN THERE.
>> BUT WE LET PEOPLE OUT OF
PRISONS ALL THE TIME WHO ARE
MENTALLY UNWELL.
MENTALLY UNWELL. WE DO IT ALL THE TIME.
>> IT’S A REAL PROBLEM WITH OUR
CRIMINAL JUSTICE SYSTEM.
GENERALLY DEALING WITH MENTAL
HEALTH IS NOT DONE AT KWATADEQUA
IN OUR PRISON SYSTEM.
BUT THE BIGGEST PROBLEM WE HAVE
WITH OUR PRISON SYSTEM IS THE
FAILURE TO DEAL WITH ADDICTION
AND MENTAL HEALTH ISSUES.
THAT LEADS TO SO MUCH CRIME.
UNTIL WE ALTER THE WAY WE INL
XAS
XAS INCAPACITATE PEOPLE, MENTAL OR
OTHERWISE, WE’RE NOT GOING TO
SEE --
SEE -- >> THERE’S NO TAIL ON THE
SENTENCE THAT COULD MAKE YOU GO
FROM JAIL TO A MENTAL HEALTH
FACILITY.
FACILITY. >> SUPERVICIOUS COULD.
>> WHAT’S THE SUPERVISION GOING
TO DO?
TO DO? >> YOU HAVE A PROHIBITIONBATION
THEY MONITOR MORE THAN YOU WOULD
ANY.
ANY. AND IF THERE ARE MENTAL HEALTH
ISSUES, THEY CAN GET RESOURCES
FOR SOMEONE.
FOR SOMEONE. >> AMY, YOU’RE RIGHT WHEN YOU
SAY --
SAY -- >> WE DON’T KNOW SHE HAS MENTAL
HEALTH PROBLEMS.
HEALTH PROBLEMS. WE KNOW SHE’S CRAZY.
WE DON’T KNOW IF SHE NEEDS TO BE
ON MEDS.
ON MEDS. >> THE SAME WITH THE MALE
KIDNAPPER, WHEN HE WAS SLIPPING
THROUGH THE COURT SYSTEM.
A BIG DEBATE WAS WETHER OR NOT
HE WAS INSANE.
AND SHE FELT LIKEPRE
PRETENDING TO BE INSANE TO GET A
MORE LENIENT SENTENCE OR TO SLIP
OUT OF CRIMINAL RESPONSIBILITY.
>> ALL I THINK OF IS POOR
ELIZABETH.
ELIZABETH. THIS HAPPENS TO CRIME VICTIMS
ALL THE TIME, WHEN THE
PERPETRATOR GETS OUT OF JAIL.
YOU GET ANYTHING BUT A LIFE
SENTENCE, THAT MEANS YOU’LL GET
OUT.
OUT. AND THE VICTIM HAS TO DEAL WITH
THAT.
THAT. THE SYSTEM OWED ELIZABETH