[Whitfield:] Remember Elizabeth Smart, the Utah teen who was kidnapped from her home when she was just 14, held prisoner for nine months and repeatedly raped along the way? Brian David Mitchell will be sentenced next week. He was convicted of carrying all those heinous crimes. Hear what Smart actually says about Mitchell.
[Unidentified Female:] Have you forgiven him?
[Elizabeth Smart, Kidnapped June 2002 Rescued March 2003:] I certainly have moved on with my life and I don't dwell on it. I have forgiven him I have forgiven him. I don't think that means that I would invite him over to my house to stay. But that is a part of my life that I lived, have been there and I have a lot in front of me that I haven't lived yet. So I'm looking forward to it.
[Whitfield:] So attorneys for Mitchell say he should get a lighter sentence because of the way she's handling herself. They say she doesn't appear psychologically damaged. Our legal guys are back, Avery Friedman in Cleveland and Richard Herman in Las Vegas. Boy, OK, Richard, you first on this one. Because she appears to be intact, that's enough for the man convicted of raping her, abducting her to get a more lenient sentence?
[Richard Herman, Criminal Defense Attorney:] Isn't it ironic, Fred? Here she is trying to rehabilitate herself, move on with her life and not allow this tragic event to ruin her. And she vocalizes that well. Well, the government wants a life sentence, but in order to get a life sentence, they have to rely on the sentencing guidelines, which bump that enhancement for his sentencing to life. And in order to get that, you have to prove extreme psychological damage. So the defense is arguing she doesn't have it. She's rehabilitated herself. She doesn't have that level of psychological damage necessary. That's the argument, Fred.
[Whitfield:] So Avery, would that be a successful argument?
[Avery Friedman, Law Professor:] It's a terrible argument. The only argument they have, this beautiful, miraculous recovery of this extraordinary young woman is being perverted and distorted by the defense team in suggesting that somehow she hasn't suffered. She has suffered unspeakably. The good news is that Dale Kimble who oversaw the federal judge for five weeks knows what to do. Sentencing is Wednesday. Goodbye, Mr. Mitchell.
[Whitfield:] Yes, and that word recovery, I mean, you really don't know whether she's recovered because she's articulating herself in a certain way.
[Friedman:] That's right.
[Whitfield:] It seems boy, seems pretty hard for her and the family. Her dad says this is outrageous to use that kind of vernacular from the defense. All right, let's move on to the Arnold SchwarzeneggerMaria Shriver case because little dribbling come out every day. Now we're talking about the case of Maria Shriver hiring a fairly well-known celebrity divorce attorney, Avery. So clearly the couple probably had pre-nup agreements before they got married50 state? After 10 years, usually the wealth or the assets get split in half? Would that apply here even if there were pre-nups?
[Friedman:] Well, ordinarily the pre-nup will expire after a certain period of time, 10, 15 years. They've been married 25 years, Fredricka. But the fact is that it is California is one of 10 community property states, that's exactly right. Look for a quiet, discreet resolution
[Whitfield:] How is that possible?
[Friedman:] In fact, I'm remembering I think it can be done and I'm remembering that you did a face-to-face with one of the children who talked about her struggle.
[Whitfield:] With Katherine Schwarzenegger, yes.
[Friedman:] And the fact is that's exactly right. And the bottom line is that's the motive, to do this discreetly, carefully, thoughtfully and minimize the visibility, which of course it's highly visible now.
[Whitfield:] Interesting, so Richard, I don't know if there would end up being a bit of a custody battle at least over the two younger kids. I don't even know if that will be an issue that Arnold would try to pursue.
[Herman:] I agree with Avery. It's going to be resolved behind doors. But, Fred, at this point, Maria Shriver has not said she wants a divorce so, you know
[Friedman:] That's right.
[Herman:] She's got to that stage first and wants it. But potentially community property if he gave any money to this mistress of his that house, half of that's going to be Maria's.
[Whitfield:] My gosh, real quick because he has some other productions that were to be under way, but he's now he's kind of backed out of that. You wonder if any of those movie houses will be able to pursue something against him if there were terms or agreements that he would be involved in the "Terminator" or other things and that's been put on hold.
[Herman:] That's all agreed.
[Whitfield:] Go ahead, Richard. Sorry.
[Herman:] Yes, they want him, Fred. They need him for "Terminator." But isn't it funny, one of the movies was called "Cry Macho." That was the title of one of the movies that's on hold right now. Pretty stupid guy, Schwarzenegger. Pretty stupid.
[Friedman:] You can't suspend an existing contract. There's going to have to be some negotiations. You can suspend the proposed one. Not the existing ones.
[Whitfield:] All right, guys. Thanks so much, Richard and Avery. Always good to see you. Appreciate it.
[Friedman:] Good to see you, Fredricka.
[Herman:] Be well, Fred. Be safe today, Fred.
[Whitfield:] That's right.
[Herman:] We still made it. We made it. No end of days.
[Whitfield:] So far, so good. All right, be sure to tune in tonight for a CNN NEWSROOM special, "Sex, Lies and Arrogance." That's tonight 10:00 Eastern Time.