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(KSL News) He's accused of kidnapping and sexual assaulting a young Utah girl. But is he fit to stand trial?
The man accused of kidnapping Elizabeth Smart is scheduled to be in court. A two-day competency hearing begins this morning for Brian David Mitchell.
Mitchell was found competant to stand trial in August, but a judge ordered a new round of competency hearings following Mitchell's bizarre behavior last time he was in court.
During a scheduling conference in December, Mitchell walked into the courtroom and started singing the Christmas hymn, 'O Come, O Come, Emmanuel."
Prosecutors are frustrated, but say they're willing to do everything they can to make sure they don't have to try this case twice.
Kent Morgan/ Prosecutor/ December 3: "He clearly chose to sing when he wanted to sing, and I think that's good evidence of either someone choosing to sing or someone is nuts. I think either of those might be true, and we'll leave that to the psychiatrist."
Mitchell's trial is set to begin on February 1st.