Brian David Mitchell's defense team asks judge for acquittal

The defense started the first day of their case Tuesday in the trial of the man accused of kidnapping Elizabeth Smart.

Brian David Mitchell, 57, is facing charges of kidnapping and unlawful transportation of a minor across state lines. He could spend the rest of his life in prison if convicted. The trial is scheduled to last until Dec. 10.

Federal prosecutors finished questioning their initial witnesses Tuesday at about 9:30 a.m. Before the prosecution rested their direct case, defense attorney Robert Steele motioned for a mistrial based on allegations of sex abuse involving other family members and statements that police officers made in the FBI interview with him. U.S. District Court Judge Dale Kimball denied the motion.

Fox 13 obtained a new witness list filed by defense attorneys for Mitchell. It includes his estranged wife, Wanda Barzee, members of his family, a number of psychologists, people who had befriended him in California and homeless advocate Pamela Atkinson.

Smart, then 14, was kidnapped from her bedroom back in June 2002. She was found nine months later in the company of the homeless street preacher and Barzee in Sandy.

Watch live updates here from Fox 13's Ben Winslow from the courtroom.

UPDATE at 5:45 p.m.: Late Tuesday night, Mitchell's defense team filed a motion for acquittal arguing that federal prosecutors failed to prove "beyond a reasonable doubt" that the homeless street preacher took Elizabeth Smart across state lines for sex.

"To the contrary, the evidence suggests that the sexual activity, while foreseen by Mr. Mitchell, was incidental to the primary purpose of the trip," defense attorney Audrey James wrote.

In a response, the U.S. Attorney's Office for Utah fired back urging the judge to summarily dismiss the motion.

"This evidence clearly shows that illegal sexual activity was either a significant or dominant or motivating purpose for the travel to California," federal prosecutor Felice Viti wrote. "The evidence is clear the defendant intended to treat Miss Smart as his 'wife' in California, which treatment included raping and otherwise sexually abusing her."

The judge is expected to rule on the motion tomorrow morning.

Also late Tuesday, Mitchell's estranged wife, Wanda Barzee, was booked into the Davis County Jail. She is being held on a federal detainer. Barzee is slated to testify this week for the defense in Mitchell's trial.

Gov't response to motion for acquittal UPDATE at 2:06 p.m.: Benjamin West briefly testified about his recollections of Mitchell, and how he wrote a letter to his parents claiming to be a "prophet." That was another reason his father, Dr. C. Samuel West, distanced himself from Mitchell.

No one ever sought medical help for Mitchell, West testified. He was excused as a witness.

The defense then said their next witness was unavailable until tomorrow. The judge ended proceedings for the day.

Defense attorneys told Fox 13 outside of court they did not expect to wrap up their case before Thanksgiving. Mitchell's estranged wife, Wanda Barzee, could testify later this week.

UPDATE at 1:05 p.m.: Karl West resumed his testimony for the defense. He spoke Mitchell and Barzee being ousted from the family home for burning something in the home.

"He mentioned something about Frankinscence and Mihrr," West recalled.

In 2001, the couple returned. They were yelling, West said, and they gave him a book. He threw it away. It was "The Book of Immanuel David Isaiah."