Email Print   Text Size
Defense seeks delay of hearing in Smart case

Associated Press - November 6, 2009 8:45 PM ET

Corrected Version

SALT LAKE CITY (AP) - Defense attorneys are asking a judge to delay a planned Nov. 30 competency hearing for the man charged in the 2002 kidnapping of Elizabeth Smart.

The Thursday request by attorneys for Brian David Mitchell comes after an expert working for federal prosecutors interviewed Mitchell's estranged wife, Wanda Eileen Barzee.

Both Mitchell and Barzee were indicted on federal kidnapping charges.

Barzee's competency was also once in question but doctors now say she can stand trial. Court papers show her attorneys allowed the interview with Dr. Michael Welner.

The defense contends that prosecutors say Welner will be the only person allowed to use the interview information during the hearing.

Prosecutors dispute that characterization. They say the court has yet to decide if the information can be used at all.

Copyright 2009 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.

All content © Copyright 2000 - 2009 WorldNow and KIFI. All Rights Reserved.
For more information on this site, please read our Privacy Policy and Terms of Service.