The Deseret Morning News, along with KSL-TV and the Utah Chapter of the Society of Professional Journalists, filed a motion Monday to have the mental competency hearings of the couple accused of kidnapping and assaulting Elizabeth Smart opened to the public.

Third District Judge Judith Atherton granted a request last week by defense attorneys David Finlayson and Scott Williams to close a mental competency hearing for Wanda Barzee. A similar request for a closed hearing by defense attorney David Biggs was granted for Brian David Mitchell.

Monday, Jeffrey Hunt, who represents the "media intervenors," filed a motion challenging the decision to close those proceedings.

"The public interest in this case is obviously substantial. It is important that the proceedings be open and public to the maximum extent so that the press can be there to observe what happens and report it to the public," Hunt said. "Public access promotes accountability, as well as confidence, in the judicial process and the results of that process."

Opening the mental competency hearings to the public would not affect the court proceedings, Hunt argued. Closing them, however, would have an "immediate adverse effect" on the ability of the media to do its job.

Furthermore, Hunt argued the public has a compelling interest in this case, one that received worldwide coverage during the nine months Smart was missing and after she was found.

"The mental competency of these defendants to stand trial is at issue. The public and the press have a vital interest in obtaining information about how that competency determination is made, who the witnesses are and what they say, and any questions the Court may have for such witnesses," Hunt said. "The news media can't report that information to the public unless the competency hearing is conducted openly."

Closing the hearings would be contrary to the principles set in cases such as State vs. in 1993 and Society of Professional Journalists vs. Bullock in 1987, according to court documents.

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"Parties seeking to close court hearings and records bear a heavy burden. The standard is very stringent and we don't believe the defendants, who are seeking the closure here, can meet that standard," Hunt said.

Barzee's competency hearing is scheduled for Jan. 9 and Mitchell's for Jan. 27. A court date had not been set to hear the motion filed by the media intervenors.

The Salt Lake Tribune was expected to file a separate motion challenging the decision to close the hearings.


E-MAIL: preavy@desnews.com

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