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SALT LAKE CITY-- There's still no competency hearing set for the man accused of kidnapping Elizabeth Smart.
Brian David Mitchell sang "The Time is Far Spent", "Who's On the Lord's Side" and most of "We Are All Enlisted" before Magistrate Samuel Alba had him removed from the court today at the beginning of a status hearing.
Mitchell was escorted to another room where he could hear the proceedings. Alba then heard updates from both the prosecutor and the defense to gather evidence and present witnesses for a competency hearing.
The outcome of an out-of-state mental evaluation has not been made public. But U.S. Attorney for Utah, Brett Tolman, says both sides plan to present witnesses that may disagree with parts of the report.
"It's much more complex than just a one-liner that you can agree or disagree with, " he said.
If Mitchell is found incompetent, the Federal government can force Mitchell to be medicated, but that would require another round of legal proceedings.
Tolman says he wants the case to move ahead as quickly as possible, even though it's complex. He says ultimately he wants to "shed bright light on some of the dark corners of this case."
Mitchell and co-defendant Wanda Barzee are accused of kidnapping Elizabeth Smart. Barzee and Mitchell were both declared incompetent to stand trial on state charges.
Alba today scheduled another status hearing for Mitchell, for April 8th.
E-mail: mgiauque@ksl.com
