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Team coverageThe federal case against one of Elizabeth Smart's accused kidnappers was delayed after one of his usual outbursts. But this time, the judge ordered Brian David Mitchell be bound and gagged.
Mitchell's outburst did not surprise anyone; and when he began singing in the courtroom, some people chuckled.
Mitchell closed his eyes as U.S. Marshals brought him into the federal courthouse this morning. He walked into the courtroom the same way.
Before the judge came in, Mitchell began quietly singing a hymns, including "I Need Thee Every Hour" and "I Know that My Redeemer Lives."
When U.S. Magistrate Judge Samuel Alba came into the courtroom, Mitchell continued to sing. So, Alba ordered he be gagged.
Elizabeth Smart's father, Ed Smart, didn't seem to have any sympathy for Mitchell. "If he wants to outburst the way he did, then he gets what's coming to him," he said.
Mitchell was bound and gagged, and then carried back into the courtroom. But he began resisting as the marshals tried to get him to sit down. He began humming, made loud noises and sang loudly. He also dragged his feet as two marshals carried him out of the courtroom.
"It is not an unusual thing to see outbursts by those that are charged with crimes. That does not make an individual incompetent," said U.S. Attorney Brett Tolman. "I think he got a real quick message that it's not going to be the same in this setting."
Mitchell, who was removed from state hearings because of his loud outbursts, has twice been found incompetent to stand trial in district court. A judge also recently denied a state's request to forcibly medicate him.
Competency issues have stalled the state's case, so federal prosecutors are now moving forward with their case. Tolman says the state's ruling could be a factor in their case.
"I do believe he (Mitchell) has a problem, a big problem, but I don't think his song and dance here in the courtroom is the problem. I think it's a big show," Smart said.
Whether it's prison or the state hospital, Smart just doesn't want freedom for Mitchell. "I think it would be great to see him tried and never see the light of day again," he said.
Mitchell will be back in court later this week and will watch the hearing from another room. Meantime, he will stay in the Salt Lake County Jail because the state hospital does not house federal inmates.
Mitchell is accused of kidnapping Elizabeth Smart from her bedroom at knifepoint in 2002. He was indicted by a federal grand jury in March on charges of kidnapping and unlawful transportation of a minor in the abduction.
Prosecutors were waiting on the completion of a state case, but moved forward after a judge said Mitchell could not be forced to take anti-psychotic drugs in an effort to make him competent to stand trial. The 54-year-old suffers from a rare delusional disorder.
Smart's father was also in court today. Tune into Eyewitness News at 5 to hear his response to Mitchell's outburst.
E-mail: syi@ksl.com
E-mail: tcallan@ksl.com
(The Associated Press contributed to this report. Copyright 2008 by The Associated Press. All Rights Reserved.)
