Salt Lake City Police Focus Attention on Ricci
LARRY KING, HOST: Tonight, Don Imus. Got an issue, he's got an opinion. The I-man, outspoken. We'll take calls. But first, the latest on the Elizabeth Smart kidnapping. Still no official suspect, but a lot of attention on Richard Albert Ricci, an ex-con who worked at the Smart home. From Salt Lake, one of Elizabeth's aunts, Cynthia Smart Owens. Then, the attorney for Richard Ricci and his wife Angela, David Smith. The wife, Angela. The attorney is David Smith. Plus, Court TV anchor and former prosecutor Nancy Grace, defense attorney Mark Geragos, and covering the case for "Newsweek," Kevin Peraino. All next on LARRY KING LIVE. We start in Salt Lake with Cynthia Smart Owens, Elizabeth's aunt. She's the sister of Ed Smart, the father of Elizabeth. The family issued a long statement today, uniting with all families in America who have had children abducted and say they want to tie a light blue ribbon around trees in homes and neighborhoods not only in honor of Elizabeth, but for all families with a missing child. What do you make of that, Cynthia?</s>CYNTHIA SMART OWENS, ELIZABETH SMART'S AUNT: I appreciate you repeating that. That's exactly what we're hoping to do. You know, initially, because Elizabeth's favorite color was light blue, we were hanging these blue ribbons around and wearing them and showing hope for her. But this is so much bigger than just Elizabeth. It's amazing how many children have been abducted since Elizabeth has been. And it's a long and grueling process and we just have to decide that we're tired of it and we will not allow this to continue on. It's just absolutely outrageous that this happens. So we need to show solidarity that we're going to pursue these people, not allow it to happen any more.</s>KING: You feel that's the only kind of preventative, by coming down hard when these people are caught?</s>OWENS: Well, no. Actually, there is a lot more to it. I think creating the kind of homes and communities where people don't develop this kind of mental illness where they think they can do this is really where it starts. It's really much bigger than that. But I think we can also all be on the lookout for the children in our communities and for these other missing children.</s>KING: How has it been for you, the aunt? It's your brother's kid.</s>OWENS: Well, I think particularly at night, it's so nice to have our children with us and feel that we're secure in our homes. And to think that Elizabeth is not there and wonder where she is, it's very hard. We're just trying to stick it out and have faith. And it's really our faith and the support of so many wonderful people that are helping us get through this.</s>KING: Doesn't optimism, though, wane after a while, after this long a period?</s>OWENS: Somewhat. I think it's just an inner hope that we feel, though, a spiritual hope, a strength through God. And we know that his will will be done. But we're praying that his will allow Elizabeth to come home.</s>KING: Do you have any thoughts on Mr. Ricci?</s>OWENS: He's certainly a suspicious character. It's hard because we don't have access to all of the evidence that the police do to make any kind of a judgment. And I'm sure if they had enough information, they would be stronger than they have been already. But we'll be anxious to see what it brings. We certainly would like to feel like we're getting closer to getting Elizabeth back home.</s>KING: In that sense, you would hope then that it's not him, right?</s>OWENS: It seems somewhat grim if it is he.</s>KING: Because, you know, then where is Elizabeth, and if he's been in jail for over two weeks. You talk about your faith. Don't you ever question that during something like this?</s>OWENS: Well, we always like to believe the best. And I think sometimes when we listen to ourselves, we have to say, are we listening to what we want to believe or really a higher power that's guiding us? There are times, I admit, where I kind of think, you know, what are the odds at this point and where is she and how is she and get somewhat discouraged. Today, I was talking to Edward and I said, Edward, how do you really feel? And he was -- we were talking about a lot of different things about Mr. Ricci and others, and that was the one thing he absolutely perked up on very quickly. And he said, I really feel very, very strongly that she's alive and that helps strengthen the rest of our hope too.</s>KING: Thank you. Cynthia Smart Owens, Elizabeth's aunt, the sister of Ed Smart, Elizabeth's father. Joining us now in Salt Lake City is David K. Smith. He is the attorney for both Riccis, Mr. Ricci and his wife. Richard Ricci issued a statement late this afternoon. I guess, did you -- David, were you the office that issued this statement?</s>DAVID K. SMITH, RICCI ATTORNEY: Yes, I was.</s>KING: Let me read it quickly. This is the statement by the -- not a suspect, not by -- by Mr. Ricci: "First, I want to say I have no knowledge of Elizabeth Smart's abduction, disappearance or whereabouts. I want to say to the Smart family from my family, Angela, my stepson and myself, that we pray for her safe return. I too lost a nine-year-old son in an accident in 1985 and I know what Ed and Lois are going through. I've cooperated fully with the FBI, the police and AP&P.; I have taken polygraph tests, have been through 26 hours of questioning, given blood, DNA, surrendered my vehicle. The police and FBI have searched my hope and shed and have even dug up my garden and they found nothing. I think the reason I'm involved is because of my past. I would not nor could not hurt a child in any way. The night of Elizabeth's disappearance, I was home with my wife, Angela. I awoke around six to 6:30 p.m. to hear on the news that Elizabeth Smart, Ed's daughter, had been kidnapped. I was in shock." What about the other arguments, David, or the other concepts that seem to point to him? What does he tell you?</s>SMITH: He tells me that he just had nothing to do with it, and he is just amazed by her disappearance. He hopes that she can be found and returned to the Smart family.</s>KING: Is this a case, David, where his prior record, although not dealing with abductions and the like, is running against him?</s>SMITH: Yes, I think so.</s>KING: So, how, from a legal standpoint, do you handle it?</s>SMITH: Well, I think we go day by day at this point. We want to make sure that he's protected from a legal standpoint in terms of what information goes out and how that information may be disseminated to various media. But we also are in the process of gathering information to help us in the event that he may be charged. We certainly don't want to fall behind the eight ball on that.</s>KING: You expect that? There is a grand jury investigation. Do you expect charges or not?</s>SMITH: I think it's too early for me to say. It's pointing, perhaps, to perhaps something more than just an investigation. But I honestly don't know all that the police know. They're not telling anybody everything they know. And perhaps when we do hear more information, we'll be able to form a better judgment on that.</s>KING: CNN is reporting that investigators are checking whether the Riccis are legally wed. I know you represent both of them. If, per chance, they are not, does that mean she doesn't have the spousal recusal from testifying?</s>SMITH: Well, that's the first that I've heard of that, but that may be an issue if they are not legally wed. They advised me that they were legally wed on Valentine's Day.</s>KING: Does she stand strongly by her statement that he was home all night with her?</s>SMITH: Very strongly.</s>KING: Is she being called before the grand jury again, do you know?</s>SMITH: She may be. She testified day before yesterday. And they had her on hold, if it were, so she may be called back.</s>KING: Is he a man, David, if he didn't do this -- we're looking at Angela now -- caught up in one of those web of circumstances where everything points without exactly hitting the mark?</s>SMITH: Yes.</s>KING: Like the 1,000 miles on the car. Have you asked him about that?</s>SMITH: I have.</s>KING: And?</s>SMITH: It's really not appropriate for me to talk about that because of the ongoing investigation. But I have asked him about it.</s>KING: Does the answer satisfy you?</s>SMITH: Yes, it does.</s>KING: How did you get this case?</s>SMITH: I represented Angela on an unrelated civil matter and then she called me when this -- Mr. Ricci was taken up and booked by the police.</s>KING: A neighbor on this program last night, Carma Tolman, says that after Ricci's parole violation arrest, Angela told her, or she had heard, that Angela was asking neighbors in the trailer park if they had seen Richard leave the trailer that night. Is that wrong information?</s>SMITH: Yes, that's wrong information.</s>KING: In other words, to your knowledge, she did not go around asking neighbors if they saw Richard leave the trailer?</s>SMITH: I asked her about that this morning. And she said that's not accurate.</s>KING: That she never did anything like that?</s>SMITH: Yes. Yes.</s>KING: Do you expect some resolution here? Do you think -- are the police working in all areas, by the way, away from your client as well?</s>SMITH: I don't know. You hear that they're working on other leads, certainly. And I hope that they are. I hope that they're not excluding other possible evidence that could lead to another person to the exclusion of looking exclusively into Mr. Ricci.</s>KING: And finally, David, he said he's cooperated fully with the FBI, police and AP&P.; Who is that?</s>SMITH: Adult Probation and Parole.</s>KING: I see. So they're all part of the questioning team.</s>SMITH: Yes. Adult Probation and Parole is involved because of his parole violation.</s>KING: Thank you, David. We'll be calling on you again. David K. Smith, the attorney for the Riccis. Nancy Grace, Mark Geragos and Kevin Peraino will join us. Then Imus. Tomorrow night, we repeat our interview with Leslie Van Houten, denied parole again today. Don't go away.