Sides debate letting Smart testify

Saying that Elizabeth Smart has had no voice in any of the hearings in her case during the past six years, prosecutors Friday pleaded with a judge to allow her to testify at a competency hearing for her accused kidnapper.

"Elizabeth Smart is very, very important because she can say how he is behind closed doors," said Assistant U.S. Attorney David Backman. "She can give the full picture of what is going on."

Both prosecutors and defense attorneys presented arguments before U.S. District Judge Dale Kimball over whether Smart should be allowed to testify at Brian David Mitchell's first federal competency hearing.

Defense attorney Robert Steele said Smart does have a right to testify but only about facts. His concern was that Smart would interject opinion in with her testimony.

"What we will object to are these opinions as to (Mitchell's) state of mind," Steele said.

Otherwise, Steele said that based on a videotaped interview Smart conducted six years ago with forensic psychiatrist and criminologist Park Dietz, she would probably make a good witness.

"Elizabeth Smart talks with incredible clarity," Steele said, while praising her ability to recall names and places.

As for including opinion with her testimony, prosecutor David Backman countered that lay witnesses give opinions in court all the time.

"The government is entitled to put on its best case," he said. "We intend to do that with lay witnesses and experts."

Mitchell is accused of kidnapping and sexually assaulting Smart in 2002. He allegedly took her to Lakeside, Calif., during that time and later returned to Utah, where he was arrested nine months after Smart disappeared from her home.

Mitchell's federal competency hearing was scheduled to begin Nov. 30. Prosecutors have a list of 39 potential lay witnesses, including Smart, who might be called to testify. But they say that list will be shortened before the hearing.

The government wants the court to get a complete picture of Mitchell, which they say can only be done by hearing testimony from people who have spent long periods of time with him.

"Give the court the full picture of what is going on," Backman said.