From Deseret News archives:

Mitchell's lawyers want jury restricted

Published: Friday, Oct. 15, 2004 10:52 p.m. MDT
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In what is perhaps the most publicized criminal trial in history, jurors sitting in judgment of O.J. Simpson were sequestered for 265 days prior to acquitting him of charges of killing his ex-wife and another man in June 1994.

Also Friday, Mitchell's defense team filed an objection to the grand-jury process, which led to a Sept. 3, 2003, indictment charging the 50-year-old street preacher with aggravated kidnapping, two counts of aggravated sexual assault, two counts of aggravated burglary and conspiracy to commit aggravated kidnapping.

Mitchell's wife, Wanda Barzee, faces identical charges in connection with Smart's disappearance. The couple was arrested after being discovered walking along a Sandy street with Smart in March 2003.

Another Friday motion asks that the two cases be tried separately. Barzee, 58, has been ruled mentally incompetent to stand trial. Her case has been put on hold while officials try to restore her competency.

Prosecutors allege Mitchell abducted Smart from her family's home at knifepoint on June 5, 2002, and held her captive in the Salt Lake foothills for several months. Defense attorneys asked Friday for a court order allowing them to inspect the alleged camp, as well as the Smarts' Federal Heights home.

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Salt Lake County District Attorney David Yocom said there were no surprises in the Friday filings, to which his office has until Nov. 15 to file formal responses.

"They are fairly routine motions, and we'll respond to them in due time," Yocom said. "They're nothing we're concerned about."

Defense attorneys Friday also filed motions to:

• Allow Mitchell to appear during pretrial hearings and during the trial in civilian clothing.

• Allow Mitchell to appear in public without shackles.

• Preclude uniformed police officers from attending the proceedings and to limit the "show of force" in the courtroom.

• And to suppress evidence of prior convictions.

The defense also asked for an order that would prohibit Smart's family and friends from "sitting directly before the jury, showing emotion in the courtroom or otherwise engaging in conduct that could impact on the fairness of the proceedings."

Ed Smart, Elizabeth's father, told the Deseret Morning News Friday that the courtroom is sure to be full of emotion during the trial.

"I think it's absolutely right the jury has an opportunity of seeing what kind of nightmare it was and what he put us through. Not being able to see that would be an injustice," he said. "You think of the whole nine months, tell me one thing that has been just or fair to the victim or the family? There hasn't been."


E-mail: preavy@desnews.com; awelling@desnews.com

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