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Updated Aug. 4, 2004, 10:28 a.m. ET

Hearing for suspected Smart kidnapper will be open to public

SALT LAKE CITY (AP) — The competency hearing for Elizabeth Smart kidnapping suspect Brian David Mitchell will be open to the public, a judge ruled Tuesday.

The ruling ended a months-long legal fight over whether Mitchell's proceedings would be open.

Mitchell's attorneys argued that opening the competency hearing would infringe on Mitchell's right to a fair trial, but Judge Judith Atherton sided with media lawyers who said the public's right to know outweighed defense concerns. The Associated Press was among the news organizations seeking to keep the proceedings open.

Mitchell's competency hearing is scheduled for Aug. 31 to Sept. 2.


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Mitchell, a self-styled prophet, and his wife, Wanda Barzee, were accused of kidnapping Elizabeth, then 14, from her bedroom in June 2002. She was found safe nine months later.

The homeless couple allegedly kept Elizabeth as Mitchell's second wife. They were charged with kidnapping, aggravated sexual assault, aggravated burglary and attempted aggravated kidnapping.

Barzee was deemed incompetent to stand trial in January, and is undergoing treatment at a state mental hospital. She did not contest the findings of two mental health experts.

One doctor concluded Barzee was paranoid schizophrenic, while the other said she has a shared psychotic disorder, presumably with her husband. Based on those reports, Atherton ruled Barzee lacked the ability to assist her defense.

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