Wanda Barzee wraps up plea deal in Elizabeth Smart case

SALT LAKE CITY — Calling it a "global resolution" to both federal and state cases, attorneys in the state case against accused Elizabeth Smart kidnapper Wanda Barzee agreed to a plea deal Monday.

Barzee pleaded "guilty but mentally ill" to one count of conspiracy to commit aggravated kidnapping, a second-degree felony. The charge, however, is not connected to Elizabeth Smart's kidnapping, but rather the attempted kidnapping of her cousin on July 24, 2002, about seven weeks after Smart was kidnapped.

On that night, Brian David Mitchell, Barzee's estranged husband and co-defendant, cut through a window screen at the home of Smart's teenage cousin and went into her room "to bring her to their camp in the mountains to be held against her will," according to charging documents. The young girl and her family were awakened by Mitchell's movements, however, and he fled.

When Barzee is sentenced in May, prosecutors say they will recommend she serve the federal and state sentences concurrently with credit for time served. That may mean an additional nine years in prison for Barzee.

Both Salt Lake County deputy district attorney Alicia Cook and defense attorney Scott Williams Monday referred to Barzee's plea as part of the overall resolution. Even though Barzee did not plead guilty in state court to any charge associated with Smart's abduction, they say she is not denying culpability for her actions.

"It's a global resolution. It shouldn't be considered separate from her federal case," Williams said.

"She did admit her guilt in the kidnapping of Elizabeth Smart," Cook said.

In November, Barzee pleaded guilty in federal court to kidnapping and unlawful transportation of a minor in relation to Smart's abduction. Her plea deal is contingent on her continued cooperation in the criminal proceedings against Mitchell.

U.S. District Judge Dale Kimball is considering whether Mitchell is competent to stand trial in federal court. If he is found competent and the case progresses to a trial, Cook said the government anticipates using Barzee as one of its witnesses.

Ed Smart, Elizabeth Smart's father, said he was satisfied with the deal in state court. "Basically what they're trying to do is cover all the charges that have been brought," he said. But he called Monday's hearing just another step in the process and not an ultimate victory. The bigger issue, he said, is what happens with Mitchell's case and how much Barzee cooperates.

"If she does not cooperate and testify against Mitchell … that's a big question mark in my mind," Ed Smart said. "These pleas are based on her cooperation on convicting Mitchell."