Brian David Mitchell has been given plenty of time to be heard in court, according to Ed Smart. Now, Smart thinks it's time for his daughter, Elizabeth, to get equal attention.
"I just think that Elizabeth deserves it. Mitchell puts on his show to the Nth degree," he told the Deseret News. "Mitchell has had his way to this point."
Ed Smart reacted Friday to motions filed earlier this week by defense attorneys in Mitchell's upcoming competency hearing in federal court. Mitchell wants the list of 39 potential witnesses submitted by prosecutors — which include past and present employees of the Utah State Hospital, friends, family members, co-workers and ecclesiastical leaders — shortened.
Not only are the testimonies of lay people not relevant to the hearing, defense attorneys argued in court documents, there were also concerns about having a "trial within a trial" and tainting a future jury with testimony not needed for a competency hearing.
Mitchell is accused of kidnapping Smart in 2002 and taking her to California before returning, being caught and charged in 2003. Since then, he has had two competency hearings in state court, was ruled to not be eligible for involuntary anti-psychotic medication and had his case moved into the federal system, where all sides are preparing for a third competency hearing.
Whenever Mitchell is in court, his hearings have become renowned for his singing, yelling and other outbursts which lead to his quick ejection from the courtroom.
Smart said Friday that scenario had been going on for too long now — which is why the U.S. Attorney's Office should be allowed to call as many witnesses as they want to the stand.
"I think if there is a way to truly paint the picture, if it takes every one of those people … there is no reason those people shouldn't come to testify," Smart said. "They observe him, they know how he is, they know how he acts. In court, he puts on a great show for everyone."
Whether Mitchell is found competent and a criminal trial can finally proceed or whether he is committed to a mental institution for the rest of his life, Smart said it was time to get on with it.
"It just keeps going on and on and on and on," he said.
While watching news reports Thursday about Jaycee Lee Dugard, who was kidnapped from a California bus stop in 1991 when she was 11-years old and discovered Wednesday, Smart said Elizabeth Smart started talking about the culpability of those arrested.
" 'How is it that this isn't obvious, that they are guilty?' " Ed Smart said his daughter said. " This couple in California is guilty, just like Mitchell and Barzee are guilty. There isn't any question."
Mitchell's next scheduled court hearing is Monday.
e-mail: preavy@desnews.com