From Deseret News archives:

Sequestering Smart jury opposed

Published: Tuesday, Nov. 16, 2004 4:01 p.m. MST
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Prosecutors also said they would not encourage inappropriate emotional responses during trial.

The district attorney's office also requested the defense supply prosecutors with a list of all of the witnesses it intends to call for trial and Mitchell's relationship to them, a chance to look at all the physical evidence and documents the defense intended to introduce at trial and copies of any reports from experts and investigators.

Mitchell and his wife, co-defendant Wanda Barzee, 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.

Both are accused of abducting Elizabeth Smart from her bedroom June 5, 2002. The three were found in Sandy on March 12, 2003.

While Barzee was found mentally incompetent to stand trial and is at the Utah State Hospital, Mitchell was found competent.

Mitchell's attorneys last week filed a motion asking for additional mental competency evaluations. Third District Judge Judith Atherton had not made a ruling regarding that motion as of Monday.

A status hearing is scheduled for Dec. 3.


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E-mail: preavy@desnews.com

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