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Lawyer Insists Elizabeth Smart's Kidnapper Won't Contact Former Victim

Elizabeth Smart Kidnapper Wanda Barzee Lawyer
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Sep. 11 2018, Published 9:44 p.m. ET

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Elizabeth Smart’s kidnapper won’t be contacting her when she gets out of prison her attorney told exclusively.

The Utah Board of Pardons announced Wanda Barzee would be released on September 19, 2018 and Ed Smart spoke about his daughter’s fears.

“Elizabeth’s big concern is that she doesn’t want Wanda coming around her or her children.”

Barzee’s attorney, Scott Williams, spoke to Radar about Ed’s comment.

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"I have no idea why they have that concern,” he said.

Williams told Radar that the Smart family should be concerned about Barzee trying to contact Smart or her family upon her release.

“I'm not privy to anybody’s basis for concern,” he told Radar.

Barzee was married to Brian David Mitchell when he kidnapped Smart out of her bedroom in 2002 and brought her to the woods where his wife was hiding. Barzee forced Smart take off her pajamas before Mitchell raped her that night, Smart wrote in her book about the assault he would continue for the next nine months with Barzee as his accomplice.

Williams has represented Barzee since the day after she was arrested in 2003 and told Radar he did not believe she would try to contact Smart.

Upon her release, Williams told Radar she would be under federal supervision.

“She will be supervised just like somebody on parole,” Williams told Radar exclusively. “The terms are not public, and they may vary. All the circumstances will be monitored by U.S. Probation."

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Barzee will be under federal supervision for the next 60 months upon her release from the Utah State Prison next week, Kaitlin Felsted, spokeswoman for the Utah Department of Corrections told Radar.

Eric Anderson, Deputy Chief of the U.S. Probation Office in Utah, said a probation officer will meet with Barzee concerning her transition out of prison next week. Anderson, however, would not elaborate on the terms of Barzee’s supervised release.

“Her case has been assigned already, and the officer is quite involved in her transition next week, which could include housing and other items to assist her back into the community,” Anderson told Radar exclusively. "We need to meet with her personally and go over those items with her. Oftentimes, people will transition into a halfway house, but because of the time frame of her release, that is not feasible or reasonable at this point."

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Williams told Radar why he argued for Barzee’s release. “I thought that the facts in connection to credit for time served were appropriate. She was legally entitled for credit for times served. That was their decision. I can’t say it was based on anything I did.

“I credit the board for being willing to reconsider and change their mind when they realized a different legal result was warranted."

Smart, currently expecting her third child, released a statement about the shocking news of Barzee’s release.

“I was surprised and disappointed to learn of the pending release of Wanda Barzee. It is incomprehensible how someone who has not cooperated with her mental health evaluations or risk assessments and someone who did not show up to her own parole hearing can be released into our community,” Smart said.

I am trying to understand how and why this is happening and exploring possible options.”

Stay with Radar for updates to the story.

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