Mitchell's trial starts Feb. 1

Nearly two years after Brian David Mitchell was arrested, a trial date has been set for the man accused of kidnapping Elizabeth Smart.

Third District Judge Judith Atherton on Thursday scheduled a 12-day trial for Mitchell beginning Feb. 1, 2005. The trial is scheduled to run Tuesday through Friday for the first three weeks of the month.

Mitchell, 50, along with co-defendant and wife Wanda Barzee, 58, were indicted by a state grand jury Sept. 4, 2003, with aggravated kidnapping, two counts of aggravated sexual assault, two counts of aggravated burglary and conspiracy to commit aggravated kidnapping.

The indictment was unsealed Wednesday, a day after Atherton ruled Mitchell was competent to stand trial. An arraignment was held Thursday to cap off an active week in the Smart case.

Mitchell appeared in court Thursday for the second time in three days. He wore a tan jail jumpsuit with his hands handcuffed in front of him and his legs shackled.

Mitchell stood with his attorney, Kimberly Clark, before Atherton to enter a plea to each of the six charges. Clark had asked if her client could remain seated for the reading of the charges and not enter pleas. Atherton denied the request.

After each charge was read, Atherton asked Mitchell how he wanted to plead. In a clear, audible voice, Mitchell responded "not guilty" for each of the charges, although his voice seemed to crack at times. He stood motionless and expressionless while the charges were read. He did not look into the audience while he was led in and out of the courtroom.

Watching him from the back row in the audience, however, was Elizabeth's father, Ed Smart. Smart showed little expression during the proceedings except for a sigh and a shake of his head after the sexual assault charges were read and Mitchell pleaded not guilty.

After the hearing, Smart avoided the throng of reporters and photographers waiting outside the courtroom to interview him by exiting through a back door.

Smart later told the Deseret Morning News on the phone that it was the first time he had seen Mitchell in person since his daughter's abduction, and the events of the courtroom proceedings Thursday were "a little overwhelming." Because of the strong emotions the hearing stirred in him, he declined interview requests Thursday.

Clark told Atherton she would be filing a number of motions in the coming days, some to suppress evidence. She said there were things mentioned in the grand jury indictment that the defense did not have and that there was now a lot of testimony to gather and hours of CDs to listen to before they were ready to proceed.