Judge clears way for Elizabeth Smart to testify

by | Sep. 28, 2009

News from Utah

Elizabeth Smart will testify Thursday as part of the federal competency hearing of her accused kidnapper, Brian David Mitchell.

U.S. District Judge Dale Kimball on Monday denied a motion by Mitchell's attorneys to prevent all lay witnesses from testifying, thus opening the door for Smart to take the witness stand.

"It's what I expected," Ed Smart, Elizabeth's father, said Monday of the ruling. "I'm sure that's what (Elizabeth) expected, too."

Because Elizabeth Smart is leaving for an LDS mission to Paris before Mitchell's competency hearing was scheduled to officially begin on Nov. 30, she will be allowed to give her testimony early.

The hearing will be the first time that Smart has been in the same room as Mitchell or seen him in person since Mitchell was arrested in 2003. It will also mark the first time she has taken the witness stand in any courtroom in her case.

Read the rest of this story at deseretnews.com
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