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Judge rules on witnesses in Smart case hearing

Judge rules on witnesses in Smart case hearing

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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.


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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