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Flap over school records in Smart case

Jan. 15, 2005 at 1:30 AM

SALT LAKE CITY, Jan. 15 (UPI) -- Lawyers for the Utah man accused of kidnapping Elizabeth Smart are under fire for obtaining her school records.

The Salt Lake Tribune reports that the lawyers served civil subpoenas on school officials who turned over attendance records, report cards and other records. Salt Lake County District Attorney David Yocom called the action "abuse of process" and said the records have no bearing on Brian David Mitchell's defense.

Ed Smart, Elizabeth's father, said that the schools never sought his permission, although they did notify him after the fact. He called the schools' action "an invasion of privacy."

Mitchell allegedly kidnapped Smart in order to turn her into a polygamous wife.

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