First Amendment topicsAbout the First Amendment
News Story
 
print this   Print

Federal court unseals docket entries in Utah case

By The Associated Press
10.27.09

SALT LAKE CITY — A federal judge yesterday ordered that court docket entries related to the Elizabeth Smart kidnapping case be made public.

U.S. District Judge Dale Kimball said there was no reason to keep them sealed and that the court didn’t know some entries were not public because the internal computer record differed from the public record.

The order keeps some documents closed — for now — including competency reports about Brian David Mitchell, who is charged in Smart’s 2002 kidnapping.

Kimball’s ruling also said most hearings, including those about whether to exclude the reports as evidence, will be open. He said he may close portions of hearings if the information to be discussed might impede Mitchell’s right to a fair trial or involve the privacy right of anyone involved in the case.

Attorneys for Utah news-media organizations sought to intervene in the case last week, pushing for all closed records to be public. Attorney Michael O’Brien also sought access to an Oct. 30 hearing, which was to be closed for the discussion of competency reports and other potentially prejudicial evidence.

Kimball’s ruling allows for news-media attorneys to participate in closed discussions during the hearing.

O’Brien said yesterday that Kimball’s ruling was “good news for access” and that the court continues to evolve toward more openness.

Smart was 14 when she was abducted on June 5, 2002, from her Salt Lake City home at knifepoint. She was found in March 2003 walking with Mitchell and Wanda Eileen Barzee, his now estranged wife.

Mitchell and Barzee were indicted by a federal grand jury in 2008 on charges of kidnapping and unlawful transportation of a minor. They also face multiple felonies in state court. The state cases have been hampered by competency issues.

Mitchell, 55, was twice found incompetent for trial in state court. A 10-day federal court competency proceeding is scheduled to begin Nov. 30.


Previous
News media challenging sealed filings in Utah case
Organizations ask federal judge to open records in Elizabeth Smart kidnapping case, saying public has compelling interest in proceedings. 10.22.09

Related

Utah high court: Media may seek access to hearing in Smart case

Procedural ruling doesn't address whether competency hearing should be open, only that news-media attorneys can press their case. 06.09.04

News summary page
View the latest news stories throughout the First Amendment Center Online.



Last system update: Friday, November 20, 2009 | 15:48:34
 SEARCH  MORE
About this site
About the First Amendment
About the First Amendment Center
How to contribute
Video/RSS/podcasts
First Amendment programs
State of the First Amendment
reports

Religious liberty in public schools
First Reports
Supreme Court
Columnists
Experts
First Amendment publications
First Amendment Center history
Glossary
Freedom Sings™
Events
First Amendment
Schools

Congressional Research Service reports
Guest editorials
FOI material
The First Amendment
Library

Lesson plans
freedomforum.org
Newseum
Contact us
Privacy statement
Related links