Mitchell, Barzee charged in Smart case

Brian David Mitchell and Wanda Ilene Barzee were charged Tuesday with the kidnapping and sexual assault of Elizabeth Smart and the attempted kidnapping of her cousin.

Bail for each defendant was set at $10 million.

The Salt Lake District Attorney's Office Tuesday charged Mitchell and Barzee each with five first-degree felony counts, including aggravated kidnapping, aggravated sexual assault and aggravated burglary, and one second-degree felony count of attempted aggravated kidnapping.

Mitchell and Barzee are scheduled to be arraigned Wednesday at 9 a.m.

Four of the charges — two counts of aggravated sexual assault and one count each of aggravated kidnapping and aggravated burglary — pertain to Elizabeth, who was taken from her bedroom in the early morning hours of June 5. The remaining two charges, attempted aggravated kidnapping and a second count of aggravated burglary, are in connection with a July 24 break-in at the home of Elizabeth's cousin, Jessica Wright.

The Smart family has made it clear they do not want Elizabeth victimized a second time by having to relive her nine-month ordeal either in court or the media. Salt Lake District Attorney David Yocom asked members of the media during a Tuesday news conference to honor Elizabeth's privacy and not ask any questions regarding the sexual assault charges.

When asked whether Smart could avoid the witness stand in a trial, Yocom acknowledged she may have to testify about her assault in court. However, he said options such as videotaped testimony or a closed courtroom were available.

"We will do what we can to look out for Elizabeth's interests," Yocom said.

The U.S. Attorney's Office said federal charges would come later if necessary. In fact, Assistant U.S. Attorney General Richard Lambert said there may not be a need for federal charges to ever be filed depending on the outcome of the state case.

Yocom said both Mitchell and Barzee would be tried together, although they may be retaining separate attorneys. He also clarified Tuesday that Larry Long, who told a Salt Lake City TV station that he would represent Mitchell, was never retained by Mitchell and was not in fact an attorney in the case.