Mitchell trial date today?

A trial date for accused Elizabeth Smart kidnapper Brian David Mitchell could be set today.

A state grand jury indictment kept secret for nearly a year was unsealed Wednesday following a motion made by the Salt Lake District Attorney's Office. The indictment, which is identical to the charges filed in 3rd District Court March 17, 2003, supersedes the previous charges.

It also eliminates the need for a preliminary hearing. And because grand jury proceedings are held in secret while preliminary hearings are not, it spares Smart the prospect of testifying in public before trial.

Ed Smart, Elizabeth's father, called the indictment the "best-case scenario" for his family. He would not comment on whether Elizabeth or any other family members testified before the grand jury.

Salt Lake District Attorney David Yocom said the next step in the case now is to prepare for a trial. Yocom said his office requested the grand jury.

"We believe this is the most appropriate, best way to proceed in this case," he said without going into detail about why the grand jury was sought. "We presented our reasons (to the grand jury)."

The indictment, which was returned Sept. 4, 2003, charges Mitchell, 50, with aggravated kidnapping, two counts of aggravated sexual assault, two counts of aggravated burglary and conspiracy to commit aggravated kidnapping. All of the charges are first-degree felonies except for the last, which is a second-degree felony.

Co-defendant Wanda Barzee, 58, Mitchell's wife, was also included in the indictment. But the charges against her will be put on hold until she is determined to be competent to stand trial.

Mitchell and Barzee are accused of kidnapping the then-14-year-old Smart from her home June 5, 2002, assaulting her and holding her until the trio was found March 12, 2003, in Sandy. Barzee was found incompetent to stand trial in January.

Third District Judge Pat B. Brian unsealed the indictment during a hearing Wednesday and forwarded the case to Judge Judith Atherton, who is scheduled to hold an arraignment hearing today at 9 a.m.

Mitchell had the option of attending Wednesday's hearing but declined. His attorney, Kimberly Clark, was at the hearing but sat in the audience rather than the area designated for attorneys. She declined to speak to the media. Because grand juries are secret, it's unlikely she would have known about the indictment prior to Wednesday.