After almost eight years, the leading suspect in the kidnapping of Elizabeth Smart may finally face justice. A federal judge has ruled Brian David Mitchell competent to stand trial, saying that the defendant has been faking mental illness to avoid punishment.Elizabeth Smart was abducted from her Salt Lake City bedroom June 5, 2002.
In a 149-page ruling, U.S. District Judge Dale Kimball wrote that Mitchell, "does not presently suffer from a mental disease or defect that impedes his rational and factual understanding" of the charges against him.
Judge Kimball agreed with an expert witness for the prosecution, Dr. Michael Welner, that Mitchell has been an "effectively misleading psychopath" who has been trying to convince everyone around him that he is incompetent.
Faking Mental Illness?
"The court agrees with Dr. Welner that Mitchell's singing in court is a contrivance to derail the proceedings and create the false impression that he is unable to control his behavior," Kimball wrote.
The ruling follows a 10-day competency hearing conducted in federal court in November 2009. Mitchell was indicted on federal charges after a state judge ruled that he was incompetent to stand trial in Utah court.
A hearing is scheduled later this month to set a trial date for Mitchell on charges of kidnapping and unlawful transportation of a minor across state lines.
Elizabeth Smart was 14 years old when she was kidnapped by Mitchell and his wife Wanda Barzee and held for nine months. Smart testified during the federal competency hearing. It was the first time she had testified in the case.
See Also:
Judge: Kidnapping Suspect Competent for Trial
Background:
Elizabeth Smart Case Photo Gallery
Profile of Brian David Mitchell
The Elizabeth Smart Case
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Photo: Mug Shot
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