Barzee to plead guilty in Elizabeth Smart kidnapping case

One of Elizabeth Smart's accused kidnappers is expected to plead guilty to federal charges, Fox 13 News has confirmed. Wanda Barzee will be arraigned in U.S. District Court in Salt Lake City on Tuesday morning, where it is anticipated she will enter into a plea deal with federal prosecutors. Details of the plea deal are being kept under wraps until her appearance.

The plea deal was referenced in a filing Monday by U.S. District Court Judge Dale Kimball, who said "Wanda Barzee will be arraigned and is anticipated to enter into a guilty plea pursuant to an agreement with the United States."

The U.S. Attorney's Office for Utah declined to comment, as did other lawyers in the case. Elizabeth Smart's father, Ed, also declined to comment at the request of federal prosecutors, but told Fox 13's Ben Winslow: "We're happy with what's happening in the case."

Elizabeth Smart was kidnapped from her Salt Lake City bedroom in 2002. She was found nine months later in the company of Brian David Mitchell, a homeless street preacher, and his wife, Barzee. Mitchell is in the midst of a mental competency hearing, which is scheduled to resume later this month.

New court filings also raised the possibility that Barzee could testify against her husband. After a closed-door meeting with lawyers in the case last week, a judge's notes revealed a "possible cooperating witness for the government," and a plea deal in the works to secure that cooperation.

"I don't know how much privilege is going to help Brian Mitchell once Ms. Barzee accepts her responsibility," said Greg Skordas, an attorney once appointed to represent Elizabeth Smart when she was a teenager in the criminal cases against Mitchell and Barzee.

Any testimony by Barzee is surely to be objected to by Mitchell's defense lawyers, claiming a spousal privilege. In a ruling issued late Monday, U.S. District Judge Dale Kimball allowed so-called "lay witnesses" to share their observations about Mitchell when his competency hearing resumes. Elizabeth Smart was considered one when she testified against him last month during his competency hearing. He also allowed federal prosecutors to call witnesses to testify about Mitchell's writings, comparing them to those of other fundamentalist Mormon leaders.

Skordas told Fox 13 News that a guilty plea and acceptance of responsibility for Barzee could help her get a lighter sentence.

"In the federal system, for her to get a break at sentencing, there's a couple of things she can do -- and it sounds like she may very well be doing these things," he said Monday.

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