Hearings in Smart case may be closed to public

The public may be excluded from hearings to discuss the mental competency of Elizabeth Smart's alleged abductors, a judge has ruled.

Third District Judge Judith Atherton Thursday again delayed a competency hearing for Wanda Barzee and granted a request by Barzee's defense attorneys to hold a closed-door evidentiary hearing on the results of her mental competency examination.

Atherton also scheduled a Jan. 27 hearing for Brian David Mitchell's competency evaluation to be reviewed. That hearing will also be closed to the public. In October, doctors were split on whether Mitchell, 50, was competent to stand trial.

The Deseret Morning News intends to object to the closures.

Barzee, 57, was in the courtroom for Thursday's hearing. Wearing a tan prisoner jump suit and white shoes, her hands handcuffed in front of her and her hair tied in a bun, she sat at attention and did not speak during the proceedings. Two rows behind her, Barzee's mother also watched quietly, paying particular attention to her daughter.

Mitchell was not present at Thursday's hearing.

Elizabeth's father, Ed Smart, attended and said it was the first time he had seen Barzee in person.

Offering an update on his family, Smart said that even though the holidays are two weeks away, Christmas already came for them this year — when Elizabeth was found.

Barzee and Mitchell are charged with first-degree felony aggravated kidnapping in connection with the kidnapping of Elizabeth on June 5, 2002, from her Federal Heights home. The girl was found alive in Sandy last March 12 when passers-by spotted the trio and police arrested Mitchell and Barzee.

Barzee and Mitchell are also charged with five other felonies: two counts of first-degree felony aggravated sexual assault, two counts of first-degree aggravated burglary and second-degree felony attempted aggravated kidnapping.

A court hearing had been set for Thursday to review the evaluations completed last week by two court-appointed doctors in Barzee's case. But defense attorneys Scott Williams and David Finlayson filed a request Thursday morning asking for a full review of the findings during a hearing that will probably include the testimony of both evaluators.

Williams then asked Atherton to close the testimonial part of the hearing to the public so it could be done in a "physical setting that would not harm" Barzee.