Will Barzee testify against Mitchell in court?

A new order filed in federal court Friday raises speculation about whether the U.S. government is negotiating to have Wanda Barzee testify against her estranged husband and co-defendant, Brian David Mitchell.

On Nov. 9, attorneys representing the government and the couple accused of kidnapping Elizabeth Smart in 2002 met in U.S. District Judge Dale Kimball's chambers, according to court documents. A court reporter recorded the meeting. The transcript of that meeting, however, was sealed Friday.

In Kimball's order to seal the transcript, court records indicate those at the meeting "discussed a possible cooperating witness for the government."

Prosecutors have a strong interest not to disclose potential "cooperation agreements," according to court documents. Doing so could "jeopardize the safety of cooperating witness, the integrity of ongoing criminal investigations, and the confidentiality of plea negotiations."

Scott Williams, who represents Barzee in her state court proceedings, was recently appointed to represent her in federal court.

Both Williams and the U.S. Attorney's Office declined any comment regarding Friday's filingand would not say whether Barzee was the "cooperating witness" referred to in the documents.

Mitchell and Barzee are both accused of kidnapping and sexually assaulting Smart. Each faces charges in both state and federal court.

Barzee was recently declared to be competent to stand trial by doctors at the Utah State Hospital. The ultimate decision of whether Barzee is competent to stand trial will be made by 3rd District Judge Judith Atherton. Defense attorneys requested time to review the hospital's decision to see if their experts agree. Barzee's next hearing in state court is scheduled for Thursday.

While Mitchell's state court case was not closed, the state allowed federal prosecutors to proceed with a separate indictment first after Atherton ruled Mitchell was incompetent to stand trial and not eligible to be forcibly medicated.

Mitchell's federal competency hearing was scheduled to resume Nov. 30. Smart was allowed to testify early because she will be leaving for an LDS mission before the hearing resumes. Federal defense attorneys have filed several motions in an attempt to prevent some of the government's witnesses from testifying.

e-mail: preavy@desnews.com