Elizabeth Smart testifies in competency hearing
Brian David Mitchell's booking photo from his 2003 arrest
Earlier today Elizabeth Smart took the stand in federal district court to testify as to the competency of Brian David Mitchell to stand trial. Smart’s abduction from her Salt Lake City home mystified police in 2002. Despite nation-wide media coverage, Ms. Smart was not located until March 2003 when she was discovered with Mitchell and his wife, Wanda Barzee, less than 20 miles from the Smart home. Mitchell now faces federal kidnapping charges in addition to state kidnapping and rape charges. Federal district Judge Dale Kimball will hear the majority of the testimony as to Mitchell’s competency on November 30. Elizabeth Smart, now 21, testified today because she will soon enter the Mission Training Center in preparation for an LDS mission in Paris, France.
The prosecution of Brian David Mitchell and his wife, Wanda Barzee, has presented several challenges. A Utah state judge ruled that Barzee could be forcibly medicated to restore medical competency, but the same judge ruled that Mitchell could not be forcibly medicated. Mitchell has repeatedly disrupted his court appearances by loudly singing hymns and other outbursts, and subsequently viewed many of his hearings via audiovisual feed from a holding cell. Mitchell has proclaimed himself a prophet and claimed that taking child brides was a commandment from God.
Last month defense attorneys objected to Smart testifying as to Mitchell’s mental competency. However, due to Mitchell’s refusal to submit to psychiatric evaluations or diagnostic tests, Judge Kimball held that lay opinions were relevant and allowed Smart to testify. Smart was specifically permitted to testify as to Mitchell’s inconsistent conduct and religious terminology, his rationalizations, and his ability to behave normally when it served his interests. After the November 30 hearing, Judge Kimball will decide whether the prosecution can go forward.
