by Ed Smart
Finally, at approximately ten o'clock in the evening, Elizabeth and I were able to head home. She wanted to go home. We started toward our neighborhood in the same van that took us to the hospital, and someone stopped us to say that we couldn't get up the street because there were too many reporters blocking the road. That was simply ridiculous. It was out of the question that Elizabeth couldn't be taken straight home. I demanded that the police make way for us—they had the authority to move all of those people. I called Ed, who had taken the other children home when Elizabeth and I went to the hospital, and told him to open the garage door so the van could pull right in. Elizabeth was entitled to have some privacy in her homecoming. We had so little privacy left; it was the least they could do to grant us this moment of bringing our daughter home in peace.
We walked through the door to see the faces of her brothers and sister. Our extended family and friends had made banners and hung balloons all up and down our street. There were blue ribbons tied on the handrails of the steps leading to our home. Fresh ribbons could be seen up and down our street, tied to trees, bushes, and lampposts.
The first thing Elizabeth wanted to do was take a bath. I drew the biggest bubble bath I had ever made in my large Jacuzzi tub. The dirt, grime, and soot that sat at the bottom of the tub when she finished her bath was thick and muddy. She washed her hair over and over again, giving new meaning to the phrase “rinse and repeat.” I don't think she felt totally clean for a solid week! She basically hadn't bathed in nine months. Elizabeth had been living out in the wild. If she was lucky, once a week Brian and Wanda gave her a cold bucket of water to pour over her head.
After Elizabeth bathed, she wanted to play a piece on her harp. She struggled through a song and realized she was a bit out of practice. She looked up at all of us and said, “Well, it's been nine months!” It was wonderful to see that she hadn't lost her sense of humor.
Around midnight, we all piled on my bed and Elizabeth asked if we could watch the tape of one of her favorite movies, The Trouble with Angels. The children gathered round—some on the bed and others on the floor—and for the first time in nine months we were back to being a regular family. I was certain that Elizabeth would be sleeping in our room that first night home. I couldn't imagine her wanting to go back to the bed from which she had been taken. However, when the movie ended, Elizabeth got up as if nothing had ever happened, and said she was tired and ready for bed. We all knelt down to give thanks to our Heavenly Father for this miracle.
“Mom, don't worry. I'm just fine. I'm going to be safe. I'm going to be here in the morning.”
I will never forget those words.
She kissed us good night and went to her room. We didn't quite know what to say except “Good night and we love you.” As you might expect, we spent most of the night checking in on her—just to be sure.
For me, the nine months Elizabeth was gone in a way mirrored my pregnancy with her. Even though I didn't get to see her, I knew that she was there. When your child goes missing, in a way the umbilical cord is reattached and is far more difficult to cut. After Elizabeth came home, the cord was stronger than ever.
The next morning, when Mary Katherine awoke, she said she had had the best night of sleep ever. For the first time in nine months, she didn't need her night-light. She said her prayers had been answered, because Elizabeth had come home.
And I will also ease the burdens which are put upon your shoulders, that even you cannot feel them upon your backs, even while you are in bondage; and this will I do that ye may stand as witnesses for me hereafter, and that ye may know of a surety that I, the Lord God, do visit my people in their afflictions.
—MOSIAH 24:14
The Lord had strengthened my heart while Elizabeth was gone so that I could bear my burdens. The beginning of her healing had already started with the many prayers that were being said on her behalf.
The odds were heavily stacked against bringing Elizabeth home. Even if we were fortunate enough to find her, what kind of damage would she have suffered? Most kids who are recovered suffer indelible long-term effects from their trauma. I don't know that any of us understand the full magnitude of what we all experienced during those nine months and the several months since Elizabeth has come home. I have my daughter back—the most glorious resolution I could have ever hoped for. With God's help, we will survive.
Chapter 23
One soul is lost, an angel is missing.
Which mother's grieving is more?
Hearts unite in Love and Prayer
Thousands, Millions petition the Lord
How often one's faith is extended and strengthened
On the road of our early estate
We pray for the lost soul to return to the fold.
Life's journey has not yet ended.
—ED SMART, 2002
BRINGING ELIZABETH HOME would seem like a logical place to end our journey. In truth, we would have loved nothing more than to have our daughter back and move on with our lives. But that isn't the reality of the situation we faced after Elizabeth came home. We know what it's like to lose a child—to have a stranger snatch her right out from under our watchful eyes. There can be no real end to our story until there is an end to the plight of missing children. We are one of the few fortunate families who got their missing child back. How can we expect to have no involvement in crusading for the well-being of all missing children?
The Rachael Alert had just been put into place in Utah in April 2002, three months before Elizabeth was taken. It was named for Rachael Runyan, a four-year-old girl who had been kidnapped and found dead. The Rachael Alert had gone out four hours after we reported Elizabeth missing. It was the first time Utah had put the system to use. There are certain criteria that must be met before the police will activate the alert. First, they need to determine that the child is a minor or is mentally handicapped. Second, they need to establish that the missing child is in imminent danger. Third, they must be certain it is not a runaway situation—that the child has in fact been abducted. And, fourth, a description of the missing child has to be complete. Without establishing these guidelines, the alert would be useless—there would be too many alerts for the system to be effective. What it boils down to is having educated law enforcement that can quickly determine whether the situation meets the criteria. Elizabeth's photo had been released to the media hours before the statewide alert went out. Why it took so long when the eyewitness said Elizabeth had been taken at gunpoint seemed a mystery. The fact is that human judgment is a critical element in deciding whether the criteria are met for sending out an alert. Granted, we hope this doesn't become such a common occurrence, but training and the ability to recognize the criteria make the difference between minutes and hours, the difference between life and death. The police were uncertain she was in danger and had been abducted, so there was hesitation in sending out the alert. Since Elizabeth's abduction, Utah has made tremendous improvements by upgrading their system (which later became the Amber Alert) with the finest state-of-the-art technology.
California, which was in the process of getting its alert system off the ground when Utah sent out the alert about Elizabeth, wanted to glean everything it could from what Utah had done in order to make its system successful. Following Elizabeth's abduction, the state implemented a public-alert system using electronic highway signs and private electronic signs volunteered by their owners. The alert system is not a cure-all—it doesn't catch everyone, but it remains in a state of evolution, with many people's continual efforts making it more effective. And most important, it does something. That is a comfort to the families whose children go missing. When it works, it brings children home.
We never want to see any parent go through what we have been through as parents of a missing child. For Ed, getting involved with the Amber Alert has become an ongoing effort. It is an issue that has been debated for years and has finally received the attention it deserves. We often wondered how quickly a unified alert sy
stem would pass through Congress if a child of a representative or senator had been kidnapped. This was something that could have been taken care of a long time ago. We must have a potential safety net out there. We lobbied Washington to make several attempts to meet with the right people to try and push the Amber Alert. We felt strongly that there was something good we could do as a result of Elizabeth's disappearance. We met with staff members, who were always cordial and both politically and diplomatically correct, but were not the people who could make changes in Washington.
When Elizabeth came home, Ed directed his frustration directly at Congressman Jim Sensenbrenner. It seemed the head of the Judiciary Committee had the ultimate power. It was clear that something had to be done in Washington to get the standalone Amber Alert bill pushed through. The process was taking so long. Sensenbrenner's position could allow the bill to go through. He was holding the trump card to make it happen. He refused to play. He wouldn't meet with us. His aide said that he didn't want to make this a political issue. He was receiving negative coverage in his local media. He warned us that this issue would promptly be placed at the bottom of his to-do list if that happened again. How does anything ever pass through the system? Something as important as saving children put at the bottom of the pile? We couldn't force anyone, but we knew we could get their attention.
At the time, the Senate again voted unanimously for the bill. Congress had voted for the Child Protection Act, which encompasses so much more than the Amber Alert—but the two entities were at loggerheads. We had pushed with Martin Frost and Congresswoman Dunn for a petition for isolating the Amber Alert from the Child Protection Act, which would have moved the bill through the system faster. It was time for the leaders of this country to act like leaders.
This should have been a nonpartisan issue—there was no question that everyone wanted it—but it got clogged in the wheels of legislation. We implored Congressman Chris Cannon, Senator Hatch, Senator Bennett, and Jim Matheson to help. We still had a fair amount of press covering Elizabeth's disappearance, so we were able to get the media to cover our efforts. The media definitely helped us to pass that bill into law. It filled our hearts to continually hear success stories, knowing that children could be saved. These children who were missing were not just being held hostage by their abductors—they were hostages of the system.
When Elizabeth came home, Ed was so elated to have her back that, in a statement to the press, he asked that we all think of the parents out there who are not as lucky as we were to have our child home.
There are missing children right now and there are children who will go missing in the future, that will be abducted tomorrow. We, the people of America, have a chance to make a difference. It's called the Amber Alert. The blood of those children will be on your head, Jim Sensenbrenner. You are halting this. Leaders need to step up to the plate. They need to be leaders. Do what you need to do to make this happen. Call your congressman. This saves lives. Don't let another death happen because of your unwillingness to change.
This statement raised a lot of eyebrows in Washington. Ed continuously made this point the night Elizabeth came home and the next morning during the rounds of talk-show appearances. If that is what it took to get this bill passed, then so be it. We, along with Elizabeth, wrote a letter to Congress, asking them to please bring the Amber Alert as a standalone bill. We wanted to get the job done. We heard our letter was read on the floor.
March 18, 2003
An Open Letter to the House of Representatives:
Thank you very much for your continued support and warm wishes over the past nine months. We especially appreciate all the representatives who are working together to diligently pass the National Amber Alert Legislation.
Today, Elizabeth was introduced to the Amber Alert when she asked about a videotape in my office. After watching the coverage, Elizabeth asked why the legislation has not passed when it saves so many children's lives. I could not give her an answer!
After a lengthy conversation about how the Amber Alert has been politicized, she asked me if there was anything she could do to help it pass. We decided to draft this letter.
As you know, I can't express enough how our children can't wait another day for the National Amber Alert to be signed into law by President Bush. Please, please, please pass the standalone Amber Alert legislation NOW! As soon as you do, I will be there to celebrate and then will go on to work with you on lobbying the Senate to pass other pending issues for our children.
I wish to apologize to anyone who was offended by my excitement last week. You cannot comprehend the joy of having your child return. The Amber Alert will make this a reality for countless families. Please don't underestimate the immediacy and power of this legislation!
This is your opportunity to show your leadership for our children. We look forward to seeing you soon.
Sincerely,
Ed, Lois and Elizabeth Smart
It looked as if our efforts were beginning to pay off. It was becoming clear that Washington was willing to compromise and go into conference on the larger bill. But then I received a distressing call from John Walsh, who seemed certain the issue was dead. The following day, the bill went to the Senate floor and was openly debated between Senator Ted Kennedy and Senator Orrin Hatch. At the end of Senator Hatch's presentation, he called for a vote and the bill was unanimously passed.
We were so grateful for the bill passing, which protects the rights and freedom of all the children in the United States. To hear about the bipartisan effort in which egos were put aside and the right thing was finally done was overwhelming. Our hat goes off to the many people who made this happen, including Congressman Jim Sensenbrenner, who fought for the bigger picture, Congressman Martin Frost, Congresswoman Jennifer Dunn, Senator Orrin Hatch, Senator Joe Biden, Senator Patrick Leahy, and so many others who worked behind the scenes and came together to protect those young people who are our future.
We would like all parents of missing children to have their children safely home. We won't rest until this country has a unified interstate alert system. It seems such an easy thing to set up. What could be more important than the safety of our children? After Elizabeth was rescued, we were invited to Washington, D.C., to witness President George Bush sign the Child Protection Act, including the Amber Alert bill, into law.
The White House was incredible. We never dreamed we'd be there. We met President Bush in a private room and spoke with him for a half hour. Other parents of missing children were there as well. Some parents had children who had been rescued and others still had missing children, and there were two young girls there who had been students at Cal-Poly when they had been kidnapped while sitting in a car with some friends. One of the girls approached Elizabeth and told her how happy she was to meet her and that she was more excited to meet Elizabeth than she was President Bush! The truth is, we were all eager to meet one another at the White House, having been through the summer of missing children. It was very touching. We were so proud to witness the signing of the Child Protection Act, especially having Elizabeth at our side.
Later that day, Elizabeth was asked to play the harp for a special segment of The John Walsh Show. She was radiant, all in white, as she performed with the Capitol building as her backdrop.
After we returned home from Washington, it didn't take long for the D.A.'s investigators to make a point of telling us that the hardest part of our journey lies ahead—the trial. Incredibly, they told us that the kidnapping was a breeze compared to the struggles we'll face if and when Brian David Mitchell and Wanda Barzee go to trial. Obviously, we don't accept that anything could be as bad as having lost Elizabeth. But the subject of victims' rights has become of particular interest to us in the past few months. As we face the upcoming trial, our eyes have been opened to the shortcomings of the judicial process as it pertains to a victim of a crime. Victims of crime have long been on the receiving end of neglect from legislators and mistreatment from members of the criminal j
ustice system. They are most often relegated to enduring the consequences of the crime committed against them without any support or assistance. Victims are often treated without any dignity or respect by law enforcement as well as members of the media—something we became all too familiar with during the investigation as the parents of a victim.
Unfortunately, victims deal with the frustration of immediately becoming inactive participants, forced to take a peripheral role in the legal process. In Elizabeth's case, it would be a blessing that she would not be exposed to a cruel reenactment of the ordeal in the courtroom. The case becomes a legal matter between the defendant and the state, leaving victims excluded from decisions about charges being brought against the defendants. They often have little or no influence over the prosecution for their case, no right to choose legal representation, and no right to appeal because there are no federal laws on the books to ensure anything. We personally have hired legal representation, but for most victims it is not a given. Not only has the victim gone through the pain of a horrifying criminal act, but they are then also forced to suffer future victimization during the justice process. The bottom line is that crime does not victimize only one person. Grief-stricken family members may be considered indirect victims as well: mothers, fathers, wives, husbands, brothers, sisters, and children.
For too long, our criminal justice system has failed to recognize the dignity, welfare, and understanding of the living victims left to deal with overwhelming tragedy. They are left with no right to due process, no right to a lawyer, no right to privacy, no right to be informed and consulted, no right to access the court record, and no right to the finality of their traumatic ordeal. The criminal acts through its destructive path, leaving victims as mere “evidence.”
