Quash Smart subpoenas, DA says

The Salt Lake District Attorney's Office has weighed in on the battle over Elizabeth Smart's school and medical records.

Prosecutors in the case have filed a motion in 3rd District Court to quash the subpoenas filed by street preacher Brian David Mitchell's attorneys seeking Smart's school and medical records, as well as the hard drive of Ed Smart's computer that was originally seized by Salt Lake City police on June 2, 2002.

The DA's office contends the defense cannot legally seek those materials and they are "not relevant to any issue in this case," according to court documents.

Furthermore, prosecutors argue in court documents that the defense counsel already has been given all relevant materials needed for an adequate defense, including a copy of the hard drive data the defense is currently requesting, according to court documents.

A request for original records is simply a fishing expedition, the DA's office contended in court documents.

Greg Skordas, who represents Elizabeth Smart, said if the defense already has some of its requested items, it just proves the subpoena requests were dishonest and filed simply with the intention of harassing the Smart family.

The motion by the DA's office follows two similar motions filed by Skordas, who also requested that subpoenas seeking the hard drive and medical records be quashed.

In addition, Skordas filed a motion in January requesting that school records given to the defense team by the Salt Lake School District be returned.

The defense cannot obtain records from a third party after charges have been filed without first giving the person in question an opportunity to fight it, court documents state.

Mitchell, 51, and Wanda Barzee, 59, were indicted by a state grand jury Sept. 4, 2003. They were charged with aggravated kidnapping, two counts of aggravated sexual assault, two counts of aggravated burglary and conspiracy to commit aggravated kidnapping.

Mitchell's trial was put on hold after a second competency hearing for the self-proclaimed prophet was ordered. That hearing is scheduled for Feb. 15.

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