Defense Attorney Subpoenas Smart's School Records

Defense Attorney Subpoenas Smart's School Records

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SALT LAKE CITY (AP) -- Defense attorneys for accused kidnapper Brian David Mitchell have subpoenaed Elizabeth Smart's school records.

Attorneys are seeking records about classes, teachers, grade reports, attendance and disciplinary action from Smart's junior high and high schools, documents filed Tuesday in 3rd District Court state.

Principals at both Bryant Intermediate and East High School were served the subpoenas Tuesday.

Smart was 14 when Mitchell and his wife, Wanda Eileen Barzee allegedly kidnapped her from her home in June 5, 2002, and kept as Mitchell's second wife. The teen was found nine months walking a Sandy Street with the homeless couple.

Elizabeth's father, Ed Smart, said earlier this month he wanted prosecutors to reach a plea agreement with Mitchell to spare his daughter from having to take the witness stand to recount her alleged nine-month ordeal with the homeless couple.

Smart and his wife, Lois, said Elizabeth was recovering well, and they feared a trial would dredge up horrific memories.

Mitchell, 51, and his wife, Wanda Barzee, 59, are charged with kidnapping, aggravated sexual assault, aggravated burglary and attempted aggravated kidnapping in the 2002 abduction. He's also charged in the attempted abduction of Elizabeth's cousin seven weeks after Elizabeth's kidnapping.

Mitchell was to have gone on trial next month after his attorneys had stipulated he was mentally competent to stand trial after he had an initial round of competency evaluations. However, Judge Judith Atherton last month ordered a second round of evaluations after Mitchell broke out into a Christmas hymn during a court proceeding.

That hearing, scheduled last week, was postponed because defense expert Stephen Golding said he needed more time to evaluate Mitchell. The two-day hearing was rescheduled for Feb. 15-16, also pushing back a trial date previously set for Feb. 1.

Atherton last week said the prosecution's mental health expert has again found Mitchell competent in a second round of tests.

Barzee has been found incompetent for trial and is being treated at the state hospital. She is also seeking a divorce from Mitchell.

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

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