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Federal prosecutors filed their witness list Monday for the upcoming kidnapping trial of Brian David Mitchell.
Not surprisingly, the list of 22 people includes Mitchell's alleged victim, Elizabeth Smart. She is expected to recount her nine months of captivity, including, as she testified during Mitchell's October 2009 competency hearing, that he raped her three to four times a day.
Mitchell was found competent, but the main issue during his trial, which begins Monday in U.S. District Court, is whether he was insane at the time he allegedly committed the crimes.
Mitchell, 56, and his wife, Wanda Eileen Barzee, 64, were charged with abducting the then 14-year-old Smart on June 5, 2002, from her Salt Lake City home. They were arrested in March 2003 while walking in Sandy with the girl, whom investigators say Mitchell wanted to make his plural wife.
After treatment to restore her competency, Barzee pleaded guilty and is serving up to 15 years in prison. Barzee's name is not on the prosecution's witness list.
But prosecutors do intend calling Smart's mother, Lois, and Smart's younger sister, Mary Katherine, who was 9 when she feigned being asleep as Elizabeth was taken from their bed. She later identified the kidnapper as a man who had worked odd jobs for the Smarts the previous year.
Prosecutors also included a list of 25 rebuttal witnesses who may be called once the defense case is concluded.
The rebuttal witnesses include psychiatrists Michael Welner and Noel Gardner, who testified for the prosecution at Mitchell's competency hearing.
While testifying in October that Mitchell was competent to stand trial, Welner said the defendant uses singing, silence and "religious babbling" to thwart efforts to assess his mental competency.
Mitchell is routinely removed from the courtroom during hearings because he refuses to stop singing.