Most documents in Smart kidnapping case to be open

[crimeshot1]

Most documents in Smart kidnapping case to be open

By JENNIFER DOBNER (AP) – 2 days ago

SALT LAKE CITY — Attorneys on Friday told a federal judge they have settled disagreements over which documents and reports should be open in the Elizabeth Smart kidnapping case.

Federal prosecutors and defense attorneys for Brian David Mitchell, who is charged in Smart's abduction, said they agree that most of documents should public, although some details should be redacted for privacy reasons.

Among the items are reports from two psychiatric experts who have evaluated Mitchell, 55, to determine whether he is competent to stand trial.

Attorneys said those records should be public, but only after a competency proceeding that starts Nov. 30. The records would also be redacted to exclude portions of the report not admitted as case evidence by the judge.

U.S. District Judge Dale Kimball did not issue an immediate ruling, although at least one set of documents — arrest warrants for Mitchell and estranged wife Wanda Eileen Barzee — were immediately made public after the hearing.

In all, 16 sealed documents have been filed in the case, including motions to exclude testimony of some witnesses, communications from the federal prisons bureau and at least two reports believed to be competency evaluations of Mitchell.

Friday's hearing was triggered by a dispute over whether a court order barring the dissemination of nonpublic information had been violated.

Defense attorneys had said prosecutors filed papers that quoted liberally from a competency report, essentially trying the case in public, and asked Kimball to impose sanctions on the prosecution.

Defense attorney Robert Steele withdrew the request Friday. Steele said the sides had different interpretations of the Aug. 11 order and that he believed the U.S. attorney's office had acted in good faith.

Prosecutors contend Mitchell is feigning incompetence to avoid prosecution. According to court documents, a New York forensic psychiatrist hired by the defense diagnosed him with a variety of mental disorders, including narcissism, pedophilia and malingering, a condition that suggests he may be exaggerating his illnesses.

Defense attorneys maintain Mitchell is incompetent and cannot participate in his own defense.

Friday's hearing was originally to be closed so attorneys could privately discuss whether the release of sealed filings might impede Mitchell's right to a fair trial or invade the privacy rights of anyone involved in the case.

Kimball ordered the hearing opened after a challenge by attorneys representing a coalition of Utah media organizations, including The Associated Press.

Smart was 14 when she was abducted on June 5, 2002 from her Salt Lake City home at knifepoint. She was found in March 2003 walking with Mitchell and Barzee, who were indicted by a federal grand jury in 2008 on charges of kidnapping and unlawful transportation of a minor.

They also face multiple felonies in state court, though those cases have been hampered by competency issues.

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