Defense wants Elizabeth Smart off witness list - CBS News 8 - San Diego, CA News Station - KFMB Channel 8

Defense wants Elizabeth Smart off witness list

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SALT LAKE CITY (AP) - Defense attorneys for the man charged in the 2002 abduction of Elizabeth Smart are asking a federal judge to keep her from testifying during his competency hearing.

The 10-day hearing for Brian David Mitchell is set to begin Nov. 30. Prosecutors included Smart on the list of 39 witnesses they expect to call.

A judge will hear arguments on the issue Sept. 25.

Mitchell's attorney, Robert Steele, did not immediately return a message Thursday.

U.S. attorney's office spokeswoman Melodie Rydalch declined comment, but said prosecutors have until Monday to file a response with the court.

Smart was 14 when she was taken at knifepoint from her Salt Lake City home on June 6, 2002. She was found in March 2003 walking the streets of a nearby suburb with Mitchell and his now-estranged wife.

Copyright 2009 The Associated Press.

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