The Deseret News, The Salt Lake Tribune, the Utah chapter of the Society of Professional Journalists, the Utah Press Association and the Associated Press filed a petition last week in a Salt Lake City federal court contending the public has a right to know information that will be presented in Brian David Mitchell's competency hearing slated for October 30, 2009. Mitchell is charged in Elizabeth Smart's abduction seven years ago.
Court papers stated that the sealed documents restrict news organizations from reporting information in the Elizabeth Smart kidnapping case, and that the public has a genuine interest in what happens. In 2004, Utah media organizations successfully fought to keep Brain David Mitchell’s competency hearings open.
On Monday, a federal judge released the sealed entities related to the Elizabeth Smart kidnapping case. Federal court Judge Dale Kimball said there was no reason to keep the records sealed, and the court was unaware that some entries were not public because an internal computer record differed from public record, the Associated Press reported.
There are still some documents that will not be released, including Brian David Mitchell competency reports that may impede a fair trial for Mitchell.
Elizabeth Smart was kidnapped from her bed seven years ago, and was held captive for nine months, before being discovered on the streets of Salt Lake City. Smart appeared in court on October 1 to testify against her accused kidnapper in his competency hearing. During that time, Smart testified that she was raped three to four times a day, every day by Brian David Mitchell. The Elizabeth Smart testimony was very similar to what Jaycee Dugard experienced during her kidnapping.
Source: The Associated Press
Related articles:
Elizabeth Smart gives shocking testimony in Brian David Mitchell’s hearing – Part I
Elizabeth Smart gives shocking testimony in Brian David Mitchell’s hearing – Part II
Elizabeth Smart testified that she was raped 3 or 4 times daily by kidnapper
Elizabeth Smart story is similar to Jaycee Dugard kidnapping case
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