Mitchell documents to be unsealed

Prosecutors and defense attorneys in the federal case of Brian David Mitchell have agreed to unseal motions filed in relation to Mitchell's competency hearing that will determine whether he can be tried in the kidnapping of Elizabeth Smart.

In what was considered by some lawyers to be an "anti-climatic" hearing over what was expected to be a fight over public access to court records, attorneys for both sides had apparently reached an agreement prior to Friday's hearing.

"Today was a good day for the principle of public access to the courts," said attorney Michael O'Brien, who represented the media interveners, including the Deseret News, who sought to have the court documents unsealed.

The official decision to unseal the motions, however, will come from U.S. District Judge Dale Kimball, who took the arguments presented in court under advisement.

Friday's hearing was to determine which documents, if any, should remain sealed relating to Mitchell's competency hearing. One of those defense motions was for sanctions against the U.S. Attorney's Office for not filing its own responses under seal. That motion was dropped Friday by the defense.

"We firmly believe everybody has done what they've done in good faith," said Bob Steele, with the Utah Federal Defenders Office.

The other three defense motions in question, which could be opened immediately pending Kimball's ruling, include motions to suppress the testimonies of all lay witnesses, Dr. Michael Welner and Mitchell himself.

Both sides agreed that those motions should be opened but with certain redactions.

The items that would be redacted would include any graphic details of the alleged sexual assaults on Smart, as well as names of patients at the Utah State Hospital or additional minor victims. Also Friday, Kimball ordered Mitchell's arrest warrant unsealed immediately, which contained no new information. Originally, Friday's hearing was closed to the public. Kimball opened it after a request from the media.

On Monday, Kimball ordered 16 court-docket entries in the case opened. O'Brien pointed out to Kimball on Friday that there was still a mystery docket entry with undisclosed content. Kimball said he would investigate.