Elizabeth wants records returned

Elizabeth Smart wants her school records back.

Smart's attorney, Greg Skordas, filed a strongly worded motion Friday requesting that the records given to Brian David Mitchell's attorneys from East High and Bryant Intermediate Schools be returned.

The motion also accuses Mitchell's attorneys of trying to pressure the Smart family into a plea deal.

"Their actions have crossed the line from zealousness to bad faith and harassment and should not be tolerated," according to the motion.

A second motion was filed requesting that an upcoming subpoena of Smart's medical records by the defense be quashed.

On Jan. 4, Mitchell's attorneys subpoenaed Smart's school records dating to 2001, including records of her classes, teachers, attendance, report cards and disciplinary reports.

Skordas called the subpoenas "offensive," "malicious" and "unethical."

While he didn't directly accuse the schools of violating federal law, Skordas did argue that handing over the records without first notifying Smart and her parents was a violation of the federal Family Educational Rights and Privacy Act.

"It is clear that student information is to be jealously guarded and released only in a few well-defined circumstances, none of which are present here," according to the documents filed in 3rd District Court.

District officials told the Deseret Morning News they followed protocol.

East Principal Robyn Roberts "told us she did call and talk to Mr. Smart beforehand," said Jason Olsen, spokesman for the Salt Lake City School District.

Olsen said the release follows FERPA, which he says requires a good faith effort to notify the parent. "FERPA does say a parent's consent is not required. . .in the case of a subpoena."

Court documents state that if Elizabeth's parents had had time to object to the release of the records, the defense would have been forced to "show an actual need for the records, which (it) cannot do."

Furthermore, Skordas argued the defense acted in bad faith by subpoenaing records that have no relevance to the case. The defense used the subpoena to "pressure Smart and her family" and "put themselves in a better position to negotiate a better plea deal in exchange for keeping the records confidential," court records state.

A second motion was also filed Friday requesting that a pending defense subpoena of Smart's records from Primary Children's Medical Center be quashed.