Mitchell lawyers seek more limits

Defense attorneys for accused Elizabeth Smart kidnapper Brian David Mitchell filed a motion Wednesday in 3rd District Court asking a judge to restrict what prosecutors can tell witnesses.

The motion requests prosecutors not be allowed to tell witnesses what other witnesses have said when preparing them for court. Court documents say the defense plans to invoke the exclusionary rule during trial, which says witnesses cannot be in the courtroom while other witnesses are testifying.

Wednesday was the deadline for Mitchell's defense to file any rebuttals to the objections filed by prosecutors Nov. 15. The objections were filed in response to a long list of motions the defense filed Oct. 15.

Among the motions being contested is one requesting the extremely rare step in Utah of sequestering a jury during Mitchell's scheduled 12-day trial in February.

Mitchell, 51, and co-defendant and wife, Wanda Barzee, 59, are accused of kidnapping and assaulting Smart. They were found in Sandy on March 12, 2003.

Mitchell and Barzee were indicted by a state grand jury on Sept. 4, 2003, with aggravated kidnapping, two counts of aggravated sexual assault, two counts of aggravated burglary and conspiracy to commit aggravated kidnapping. Those indictments were kept sealed until Sept. 1, 2004, a day after Mitchell was ruled competent to stand trial.

Barzee's case is on hold while she is treated at the Utah State Hospital. Earlier this year she was found to be incompetent to stand trial.