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SALT LAKE CITY (AP) -- A couple accused in the 2002 kidnapping of a Salt Lake City teenager will face a federal indictment in addition to state criminal charges.
A federal grand jury on Wednesday indicted Brian David Mitchell and Wanda Eileen Barzee each with one count of interstate kidnapping and one count unlawful transportation of a minor across state lines. The counts each carry a maximum penalty of life in prison.
In a statement, Utah's U.S. Attorney Brett Tolman said he sought the indictment to keep open the option of federal prosecution. The statute of limitations on federal kidnapping charges would have expired next week had Tolman not obtained the indictment.
In 2003, federal officials involved in the Smart investigation decided to let Salt Lake County prosecute the case.
A telephone message seeking comment from attorneys for Mitchell, 54, was not immediately returned.
David Finlayson, one of two attorneys who represents Barzee, 62, said he didn't think the indictment would "change the nature of the case at this time. They made it clear that that they are going to let the state prosecute."
Barzee and Mitchell have been found incompetent to stand trial and are held in the Utah State Hospital. Each may be subject to forced medication. Both are facing multiple first- and second-degree felony counts including aggravated burglary, aggravated kidnapping, aggravated sexual assault and attempted aggravated kidnapping.
Federal officials are not expected to take Barzee or Mitchell into custody or seek a hearing before a federal magistrate at this time.
Elizabeth Smart was 14 when she was taken from the bedroom her Salt Lake City home at knifepoint and held captive for about nine months.
(Copyright 2008 by The Associated Press. All Rights Reserved.)
