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Elizabeth Smart’s attorney says kidnapper’s release is a tragedy

Elizabeth Smart’s attorney is talking about her kidnapper’s release from prison much sooner than expected.

Brett Tolman joined Fox and Friends Wednesday morning, saying someone who refused mental health treatment gets out years ahead of time without a parole hearing.

“And the tragedy here is Elizabeth never even gets to voice her opinion or to give her reasons why she doesn’t want to see this individual out years early,” he said.

Tolman says there’s a gap in Utah law.

“That time when she was in the mental hospital, unfortunately, is nearly six years that she is getting credit for, which really is bringing her out of the system much earlier.”

The parole board says its hands are tied, and they have to count the time Barzee spent in federal custody and the state hospital toward her state sentence.

Tolman was the federal prosecutor by the way who helped send Brian David Mitchell to life in prison.

He later joined Utah’s Morning News to talk about it. You can listen to that full interview below.