Font ResizeThe public likely will be able to attend most of a hearing on which documents in the Brian David Mitchell mental competency proceedings should be sealed, according to an order issued Monday by U.S. District Judge Dale Kimball.
If the information can be presented in a general manner, no portion of the hearing will be closed, Kimball said. However, the judge said he might close discussion of specific information that would be prejudicial to Mitchell or invade the privacy of sexual abuse victims.
The hearing, scheduled for Friday, is to discuss whether certain motions and other documents were properly sealed. The defense has claimed that the government released nonpublic information to the media in a filing; the government denies the allegation and has requested that a defense motion for sanctions over the dissemination be unsealed.
The Friday proceeding originally was to be closed to the public. The Salt Lake Tribune, the Deseret News , The Associated Press and the Society of Professional Journalists filed motions to keep hearings open in the case and unseal court records.
Mitchell is accused of abducting then 14-year-old Elizabeth Smart from her home in the Federal Heights neighborhood in 2002. At the actual competency hearing, which begins Nov. 30, Kimball will hear from prosecution and defense witnesses about whether the self-proclaimed prophet can understand the charges against him and can assist his lawyers in his defense.
In his Monday order, Kimball also:
» Clarified that the competency hearing itself, as well as hearings on who can testify and what mental-health evidence can be presented, will be open.
» Unsealed all docket entries, which briefly describe each document filed in the case. The judge said he was unaware that entries about sealed documents also were being sealed.
» Said lawyers for the media groups can argue at Friday's hearing on what should or should not be sealed.
