The suspension of an Orange County prosecutor has revealed that Utah investigators suspect California sex-offender James Witbaard for the kidnapping of Elizabeth Smart, 14, from her Salt Lake home last June.

Deputy District Attorney Randy Payne had released Witbaard on bail when Witbaard left California in early June, violating his parole. He was in Utah when Smart was abducted.

Payne was suspended after questions were raised about his handling of the Witbaard case.

"I'm not sure how the information about Witbaard got out," said Sgt. Fred Louis, lead public information officer for the Salt Lake Police Department.

Louis said the investigators learned about Witbaard's trip in August or September. Months later, they still know little about it, he said.

"These things take time," he said. "There are many people that the detectives had to speak to prior to getting information about Mr. Witbaard. It wasn't something that popped up early in the case."

Louis said the department has no definite evidence linking Witbaard to Smart's disappearance, and that Witbaard is only one of more than a hundred suspects.

"It's still early in the investigation of this guy," Louis said. "Our investigators are planning to interview him. I don't know the exact date of the interview."

Louis declined to say what investigators have learned from evidence gathered when Witbaard's car was searched. Police found a kitchen knife, an ax, and pictures of women in swimsuits and underwear. They swept the car for clues such as hair and clothing fibers and sent the samples to a crime lab.

Deputy Public Defender Doug Lobato told the Associated Press he believes Witbaard had nothing to do with Smart's kidnapping and predicts detectives will soon take him off their list of suspects.

Lobato also said he believes Payne handled Witbaard's case responsibly. The Associated Press reported Payne's colleagues were surprised by Payne's suspension, and described him as a competent and ethical prosecutor.

The Smart family's visit to Disneyland last week was only to celebrate Smart's birthday, and had nothing to do with Payne's suspension or the news that Witbaard is a suspect, said Smart's uncle, Chris Thomas.

"If this (lead) pans out, great, but they're working on a number of other things as well," said Smart's uncle, Chris Thomas.

"This story has just taken a whole lots of twists and turns," he said. "If we put all our hopes into that one lead that comes up, then we're headed for disappointment."

Thomas said the police have given his family hope.

"They seem very confident that they'll be able to solve the case and bring some closure to us," he said.

Thomas said the family, the police, the media and the public must work together to find Smart. Tips from the public often help the police, he said.

"We're still waiting for that one little piece of the puzzle that will solve everything for us," he said.



Copyright Brigham Young University 5 Nov 2002