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Prosecutors Accuse Defense in Smart Case of Breaking the Rules

Prosecutors Accuse Defense in Smart Case of Breaking the Rules

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SALT LAKE CITY (AP) -- Prosecutors say lawyers for the man who's accused of kidnapping Elizabeth Smart have broken the rules.

Prosecutors said attorneys for Brian David Mitchell have broken Utah's Rules of Criminal Procedure when they issued subpoenas for the girl's school and medical records and for her father's computer hard drive.

The Salt Lake County District Attorney's Office says Mitchell's legal team made a mistake when they failed to give prosecutors a chance to object to the subpoenas.

School officials have already turned over Elizabeth's records. Primary Children's Medical Center refused to comply with the defense request.

Yesterday, Elizabeth's attorney called the defense request for the hard drive "completely dishonest."

He said the requested records and hard drive are not relevant to the kidnapping case. He believes the defense is trying to harass the Smarts into signing off on a lenient plea bargain deal.

Mitchell's mental competency is under review and a hearing is set for February 15th.

(Copyright 2005 by The Associated Press. All Rights Reserved.)

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