The defense and prosecution have agreed that sealed motions in the Brian David Mitchell kidnapping case should be opened to public view.
The decision on whether to unseal the documents -- which mostly center on who can testify and what evidence can be presented at a competency hearing for Mitchell -- will be made later by U.S. District Judge Dale Kimball.
Lawyers for Mitchell, who is charged in the abduction of Elizabeth Smart, and the U.S. Attorney's Office had been at odds earlier over which information should be public. The defense had claimed that the government released nonpublic information to the media in the filing and requested sanctions. The government denied the allegation.
At a Friday hearing, both sides told Kimball they have settled their dispute and defense lawyers dropped their request motion for sanctions. They said they disagreed with the government's interpretation of an agreement made in August about what should be sealed but believe prosecutors acted in good faith.
The two sides agreed the actual competency assessments by mental health experts should stay sealed until Kimball decides whether they are admissible as evidence. The identities of minor crime victims and patients at the Utah State Hospital, where Mitchell was treated, should be redacted before release, the defense and prosecution said.
Friday's proceeding originally was to be closed to the public but Kimball decided to open it. The Salt Lake Tribune , the Deseret News , The Associated Press and the Society of Professional Journalists have filed motions to keep hearings open in the case and unseal court records. Michael O'Brien, a lawyer for the media groups, said 16 documents have been sealed.
Mitchell is accused of abducting then 14-year-old Smart from her home in 2002. Beginning Nov. 30, Kimball will hear from prosecution and defense witnesses about whether the self-proclaimed prophet is mentally competent to stand trial.
