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Judge rules on witnesses in Smart case hearing
November 16th, 2009 @ 5:10pm
By Jennifer Dobner, Associated Press writer

SALT LAKE CITY (AP) -- A federal judge has denied a defense motion to keep religious experts and a psychiatrist from testifying at a competency hearing for the man charged in the 2002 abduction of Elizabeth Smart.

The ruling issued Monday by U.S. District Judge Dale Kimball also says attorneys for Brian David Mitchell can raise objections to proposed non-expert witnesses during the hearing set to begin Nov. 30.

Related:
Wanda Barzee expected to plead guilty
There's been a major development in the case against one of Elizabeth Smart's accused kidnappers. Wanda Barzee is expected to plead guilty to federal charges.

The 55-year-old Mitchell is charged with kidnapping and unlawful transportation of a minor in the June 2002 abduction of Smart from her Salt Lake City home.

Defense attorneys maintain that Mitchell is incompetent for trial.

Prosecutors say their experts and witnesses will testify that Mitchell is manipulative, but not incompetent.

(Copyright 2009 by The Associated Press. All Rights Reserved.)







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