Feds Take Up Elizabeth Smart Kidnapping Case
A day after state prosecutors hit a dead end in the prosecution of the accused kidnappers of Elizabeth Smart, federal prosecutors announced their intentions to prosecute Brian David Mitchell in federal court. U.S. District Attorney Brett Tolman made the announcement after a Utah judge said Mitchell did not meet the criteria for forced medication to get him competent to stand trial.Mitchell, 54, and his wife, Wanda Eileen Barzee, 62, are accused of kidnapping Elizabeth Smart on June 5, 2002.
Both Mitchell and Barzee have been ruled incompetent to stand trial, but District Judge Judith Atherton has ordered forced medication for Barzee. Last week, however, she ruled that Mitchell did not meet the necessary criteria for forced medication, a ruling that basically halted state prosecution of Mitchell.
At a news conference with Salt Lake County District Attorney Lohra Miller, Tolman said the case could face a different outcome with a new judge and procedural differences in federal court.
Federal Courts Move More Quickly
Tolman said federal courts are historically more likely to rule in favor of forcibly medicating defendants. He also said the process for establishing the competency of a defendant usually moves more quickly in federal courts.
Mitchell and Barzee were arrested in March 2003 while walking along a street in Sandy, Utah with the then 14-year-old Smart. They both have been charged with aggravated kidnapping and aggravated sexual assault.
See Also:
Feds Take Up Case Against Accused Elizabeth Smart Kidnapper
Forced Medication For Brian Mitchell Denied
Background:
The Elizabeth Smart Case
Forum:
Discuss The Elizabeth Smart Case
Photo: Mug Shot
Comments
whatever is decided in the Smart case,I hope Elizabeth and her parents wishes,about not dragging her back into back into court,are respected.If they would rather have a deal cut,then that’s what should be done.Elizabeth has gone through enough without having to re-live the whole horrible crime all over again.
Not compentate to stand for a trial, but can have enough sense about them to kidnap and hide for years. This is not over yet??? and how many years since they were caught????
that is a very good point.they knew enough to hide so they di know what they were doing is wrong.put them away and throw away the key.
They didn’t hide her for years they hid her for nine months. They were competent enough to plan the kidnapping, prepare a hideout, and tie Elizabeth to a tree to keep her from escaping, they were competent enough to disguise her in public because they knew they weren’t supposed to have her, & they were competent enough to communicate in order to panhandle, lie to a judge in in California in February 2003 to get out of jail, and to get rides from people. Mitchell at least knew what he was doing and knew it was wrong. He’s nothing but a big faker.
I agree with you Lacee. If someone can plan all that out and follow it through for that long without getting caught by the law has to have some since of the law to know how to hide from it. How many people actually aren’t able to stand trial and they do? And here is someone who has it together enough to pull this off. It may take a real crazy person to want to cause this harm to someone but that doesn’t mean that he isn’t competent.
I am following the Smart case and find it hard to believe that Elizabeth, after being rescued ,the following day was at home playing her Harp and watching her favourite movie.
Elizabeth has just stated that she was raped 4 times a day. Surely the child would have been in hospital not happy at home playing harps.?
To be raped is a traumatic expereince , to be raped on a daily basis is beyond a nightmare. Ask any woman , it would take months if ever to get over such an ordeal.
Sources claim that Mitchel was Articulate and Smart…What has happened to him in the last five years that he is now reported unfit to stand trial.?