Utah media agencies challenge sealed federal court filings in Elizabeth Smart kidnapping case

By Jennifer Dobner, AP
Tuesday, October 20, 2009

Utah media challenge sealed filings in Smart case

SALT LAKE CITY — Several Utah media outlets, including The Associated Press, have jointly petitioned a federal court judge to open sealed records filed in the Elizabeth Smart kidnapping case.

Documents filed on behalf of the Deseret News, The Salt Lake Tribune, the Utah chapter of the Society of Professional Journalists, the Utah Press Association and the AP contend the public has a compelling interest in court filings related to the charges against Brian David Mitchell.

Attorney Michael O’Brien says in court papers filed Monday that sealing the documents restricts the ability of news organizations to gather and report information in the case.

He says the court failed to notify news agencies of its intention to seal some documents, including a report about Mitchell’s mental competency filed by the U.S. attorney’s office.

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