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SALT LAKE CITY (AP) -- Attorneys for the man accused of kidnapping Elizabeth Smart have filed a motion requesting additional mental competency evaluations -- perhaps further postponing a trial already held up for months by the tangled issue of the man's mental state.
A lawyer for Brian David Mitchell argued in a court motion filed Wednesday that she has seen "a marked decline in Mr. Mitchell's capacity to rationally engage in reasoned choice of legal options and strategies."
Ten weeks ago, Mitchell was certified as competent after the defense waived its right to a hearing on the issue -- which his lawyers said was a "tactical" decision to avoid airing sensitive information before trial. Two court-appointed psychiatric experts disagreed on whether the 51-year-old homeless street preacher was fit to stand trial.
Defense attorney Heidi Buchi, who visits Mitchell at least weekly at the Salt Lake County Jail, claims his "delusions have taken an increasingly dominant role in his decision-making process and conversation."
Mitchell, who has said he speaks to God, is scheduled for a three-week trial to begin Feb. 1 before 3rd District Judge Judith Atherton.
Deputy Salt Lake District Attorney Kent Morgan said Friday that Mitchell should be "superficially" examined "to see if anything has changed since the last hearing," but added, "We don't need to give him all the tests again."
An independent expert chosen by the defense in August found Mitchell competent, but re-examined him after the recent concerns.
After the second meeting, forensic psychologist Jennifer Skeem determined Mitchell's "reasoning has become more strongly driven by his delusions," according to the defense motion.
Skeem now has doubts that Mitchell meets the basic requirements of being able to choose legal options, comprehend the nature of possible criminal penalties, testify relevantly and behave appropriately in court.
Mitchell and his wife and co-defendant, Wanda Barzee, 59, allegedly kidnapped Elizabeth, then 14, from her Federal Heights home at knifepoint on June 5, 2002. She was found on a Sandy street nine months later with Mitchell and Barzee.
Barzee was found incompetent by both of her evaluators and is receiving treatment at the Utah State Hospital.
(Copyright 2004 by The Associated Press. All Rights Reserved
