In exchange for plea , Barzee 's state charges in Smart 's abduction have been dropped . Sources : Smart , husband tried to kidnap Smart 's cousin , after taking Smart . Barzee , husband kidnapped Smart -- then 14 -- in Utah in 2002 , prosecutors say . U.S. District Judge Dale Kimball has not yet ruled on Mitchell 's competency . Barzee already has pleaded guilty to federal charges in Smart 's kidnapping .
In exchange for plea , Barzee 's state charges in Smart 's abduction have been dropped . Sources : Smart , husband tried to kidnap Smart 's cousin , after taking Smart . Barzee , husband kidnapped Smart -- then 14 -- in Utah in 2002 , prosecutors say . Barzee already has pleaded guilty to federal charges in Smart 's kidnapping .