Smart Kidnapper Competent For Trial
A federal judge ruled this past week that the man charged in the kidnapping of Elizabeth Smart is competent to stand trial, paving the way for him to face charges nearly eight years after the girl was snatched from her bedroom.
The judge ruled that Brian David Mitchell, 56, "does not presently suffer from a mental disease or defect that impedes his rational and factual understanding" of the proceedings against him.
The next step will be a court hearing is scheduled on March 26 to set a trial date.
The ruling follows a 10-day competency hearing held last year, where experts who testified split in their opinions about Mitchell's competency.
A forensic psychiatrist concluded the Mitchell suffers from a range of disorders, including pedophilia, anti-social and narcissistic personality disorders, but said he was not psychotic or delusional. The defenses’s expert disagreed.
But the judge agreed with Welner, who said Mitchell was faking mental illness to avoid responsibility for wrongdoing. Welner described Mitchell as an "effectively misleading psychopath" who has duped those around him into thinking he is incompetent.
During many court proceedings Mitchell has been removed from court because he breaks into song, disrupting proceedings.
Mitchell was indicted in federal court in 2008 on charges of kidnapping and unlawful transportation of a minor – Elizabeth Smart, then 14, across state lines.
Smart, now 22, testified for the competency hearing in October, saying she was raped after a marriage ceremony staged by Mitchell.
Bail for Mitchell and his wife, who was also involved, was set at $10 million.