Charges Stand Against Elizabeth Smart Kidnapper

A Utah judge has turned down a motion by the defense to dismiss kidnapping and sexual abuse charges against the man accused of kidnapping Elizabeth Smart. Judge Judith Atherton declined to dismiss charges against Brian David Mitchell.

Previously, Judge Atherton declared Mitchell incompetent to stand trial in the 2002 kidnapping.

Last year, Judge Atherton ruled that Mitchell did not meet the criteria to make him eligible for forced medication to make him competent. She ruled that the prosecution's experts did not convince the court that the medications would work.

Because Mitchell is incompetent and because he cannot be forced to take medication, his defense attorneys filed a motion claiming the charges should be dismissed. They said to keep him under the charges violated his constitutional right against cruel punishment.

Federal Evaluation Pending

Prosecutors argued that Mitchell's attorneys had not shown that his incarceration had in any way been abusive and that there was no reason to drop the charges. The judge agreed.

After the judge ruled that Mitchell could not be medicated, federal prosecutors took up the case and began another mental evaluation, which is still pending.

Smart was 14 when she was taken from the bedroom of her Salt Lake City home at knifepoint and held for about nine months by Mitchell and his wife, Wanda Barzee. They were arrested in March 2003 while walking down the street in Sandy, Utah with Smart.

In Barzee's case, Judge Atherton ruled that she could be forcibly medicated.

See Also:
Judge Won't Dismiss Charges Against Mitchell in Smart Kidnapping

Background:
The Elizabeth Smart Case

Forum:
Discuss The Elizabeth Smart Case

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