Why Elizabeth Smart kidnapper Wanda Barzee has already been released from prison

Warning: This article contains discussion of rape which some readers may find distressing

Elizabeth Smart’s kidnapping has become headline news once again after a Netflix documentary about her shot to the top of the streamer’s charts around the world.

Kidnapped: Elizabeth Smart tops the UK’s Netflix charts and sits at number two in the United States and Worldwide, leading many people to revisit the shocking story of her kidnapping.

Between her sister realising who the kidnappers were by reading the Guinness Book of World Records to the harrowing experience Elizabeth underwent in her nine months of capture, every aspect of the case has been dissected by viewers online.

One particular part of this going viral at the moment though is the fact that Wanda Barzee, one of Elizabeth Smart’s kidnappers, has been out of prison for over seven years.

A viral Reddit post about the documentary saw a viewer say they were ‘furious’ after watching, adding: “We also cannot wrap our heads around how Wanda only got 15 years and is now walking free, especially when Elizabeth herself said Wanda was complicit and often encouraged the abuse.”

The question is a very fair one, with Elizabeth herself having criticised the decision for Wanda to have been released from prison.

Wanda Barzee was initially only given 15 years, whereas Brian David Mitchell was sentenced to life in prison

Wanda was Brian’s wife and, whilst he specifically took her out of her bed, she helped him keep her captive and even encouraged him to rape her, sitting next to them whilst it happened on several occasions.

After being caught, there was a protracted legal battle over Brian’s mental status.

His attorneys unsuccessfully tried to claim he was insane and thus pleaded not guilty to charges of kidnapping and transporting a minor across state lines with intent to engage in sexual activity.

Wanda Barzee was sentenced to 15 years in prison (Steve Griffin-Pool/Getty Images)

This forced Elizabeth to need to testify in court to what the pair did to her during her nine months of captivity.

Wanda received a lighter sentence in part because she pleaded guilty, preventing the necessity of a trial. Legal systems will often offer lighter sentences for guilty pleas as it prevents the potential re-traumatisation of victims.

She was also offered a reduced sentence as she had agreed to testify against her husband in the case against him.

Wanda was released in 2018 after serving just nine years of her sentence

Despite the kidnapping taking place in 2002 Wanda only pleaded guilty in 2009 due to the delays in her husband’s case, at the time offering an apology to Elizabeth and hoping she would forgive her one day.

She was released early due to her time served whilst awaiting a plea (Salt Lake County Sheriff's Department/Getty Images)

She was released just nine years later, though she had spent six years in prison prior to her guilty plea due to delays in the case.

The Utah Board of Pardons and Parole released a statement in 2018 claiming that her release was not ‘early’, and that since she had technically spent 15 years in prison they legally could not hold her any longer.

In a press conference at the time of her release Elizabeth urged authorities to reconsider, saying: "She is a woman who had six children and yet could co-conspire to kidnap a 14-year-old girl, and not only sit next to her while she was being raped, but to encourage her husband to continue to rape me.”

Wanda has since been re-arrested in May of last year after entering a public park, despite being a registered sex offender which prohibits her from this.

She claimed to have been ‘commanded by the lord’, which was also Brian David Mitchell’s claimed reason for his kidnapping and rape of Elizabeth.

Smart spoke in a new podcast appearance about how disappointed she was at Wanda's release (Netflix/YouTube)

Speaking about Wanda being let free from prison in a recent appearance on the Skip Intro podcast, Elizabeth said: “I was disappointed when she was released from prison… knowing that she was released also gave me such a compassion for all of the victims whose perpetrators are never even named.

“As disappointed as I am, I am grateful for that understanding and compassion now that I’ve learned.”

Kidnapped: Elizabeth Smart is available to stream on Netflix now.

If you have been affected by any of the issues in this article and wish to speak to someone in confidence, contact the Rape Crisis England and Wales helpline on 0808 500 222, available 24/7. If you are currently in danger or need urgent medical attention, you should call 999. If you are in the United States you can contact The National Sexual Assault Hotline on 800.656.HOPE (4673), available 24/7. Or you can chat online via online.rainn.org.