Smarts' lawyer responds

The battle over Elizabeth Smart's school and medical records continues with more court filings.

Late last week, Smart's attorney, Greg Skordas, filed a supplemental response and a reply to his previously filed motions seeking to have Smart's school records returned and to quash a subpoena seeking her medical records.

Skordas restated that seeking Smart's school records was done in bad faith and that the reason the defense for accused kidnapper Brian David Mitchell allegedly needed them "is inapplicable in this case because their argument and case law focus on psychological records rather than school records," according to court documents.

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.

"It is difficult to see how Smart's grades before her abduction or the classes she took two years after can aid in the defense of a kidnapping and sexual assault suspect," Skordas said in his reply filed in 3rd District Court.

In another court filing, Skordas argued Smart's medical records were privileged information and there was no exception to that rule.

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