U.S. District Judge Dale Kimball ruled Monday that Elizabeth Smart will
testify in court about her interactions with the homeless street preacher
who took her at knife point from her home in 2002. The hearing will determine whether Brian David Mitchell, who allegedly wanted Smart as a plural wife, is mentally competent to stand trial. Mitchell's defense attorneys do not object to the now-21-year-old
testifying about the facts of her kidnapping and nine-month captivity but they oppose allowing Smart, as a lay person, offering opinions
about the self-proclaimed prophet's state of mind.
The prosecution has four experts listed as potential witnesses. Kimball said forensic psychology expert reports
filed in the case -- completed without Mitchell's cooperation -- use
Mitchell's history to diagnose his mental state.
"None of Ms. Smart's
proposed testimony suggests that she will be opining on anything other
than her lay observations," the judge said in his ruling, adding that
prosecutors have said Smart will present mainly facts, with limited opinion testimony.
Excerpted from sltib.com.
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