By: Patty Henetz, Associated Press Writer (AP) A judge on Thursday delayed a hearing on whether reporters and the public would be allowed to attend a competency hearing for the man accused of kidnapping Elizabeth Smart.
District Judge Judith Atherton granted a stay requested by Brian David Mitchell's defense until the state Supreme Court reviews a request for it to intervene. Salt Lake Legal Defenders filed the request.
Thursday's stay postpones a hearing that had been set next week on the question of media access. A group of news organizations, including The Associated Press, has sought to keep the proceedings open.
Defense attorney Kimberly Clark says the evidence, if discussed in open court, would expose prejudicial information about her client which would hurt Mitchell's chances if he were found mentally competent to stand trial.
Michael O'Brien, attorney for The Salt Lake Tribune, said he would file an objection to the stay Friday morning. "The media has a right to participate in the proceedings," said David Reymann, another media lawyer.
Mitchell's attorneys were not immediately available for comment. His competency hearing is scheduled for May 4.
Mitchell, 50, and his wife, Wanda Barzee, are charged with kidnapping, aggravated sexual assault, aggravated burglary and attempted aggravated kidnapping.
Elizabeth, now 16, was taken at knifepoint from her bedroom in June 2002. Prosecutors say Mitchell, a drifter and self-styled prophet, and Barzee, held the girl against her will at a campsite in the foothills above the Smart home.
The couple allegedly kept Elizabeth as Mitchell's second wife for nine months in Utah and California. They were found in March 2003 in a suburb about 15 miles south of Salt Lake City.
Barzee, 58, was declared incompetent in January to stand trial.
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