Mitchell wins no-drug ruling
Suspect in Smart case may be moved to federal court
Because of Thursday's decision, federal prosecutors, who had an indictment returned against Mitchell earlier this year, may step in and move Mitchell into the federal court system.
Federal prosecutors say based on 3rd District Judge Judith Atherton's decision, they feel the time is right to move the case from the state courts and prosecute it in their jurisdiction.
"Based on (the court's) decision, we will meet with (Salt Lake County District Attorney) Lohra Miller and her office soon and coordinate what to do next," said Melodie Rydalch, spokeswoman for the U.S. Attorney's Office in Utah. "We are certainly willing to try and bring justice in this case."
Although the feds wouldn't give a complete explanation for the timing of the proposed shift to federal court, Ed Smart — Elizabeth's father — believes the judge's ruling means the state courts are "giving up" on the Mitchell case.
"It seems to me like it's giving up on pursuing anything worthy against him because he will just sit there and be the same ol' Brian Mitchell as long as he can be. I don't know why he has so many rights when he is blatantly at fault," Smart told the Deseret News. "I'm surprised it would take so long to come to this conclusion. But I guess (Atherton) is trying to double-check everything."
"If this goes federal, (the defense) will have a much harder time convincing people Mitchell is incompetent, at least that's what I'm told," Smart said.
On Thursday, Atherton ruled the state did not meet the four criteria outlined in Sell v. United States, which set the standard for involuntary medication. In her 45-page decision, Atherton said there wasn't enough reliable scientific evidence to show the use of anti-psychotic medication would result in a "substantial likelihood" of competency being restored, one of the four criteria outlined in the Sell ruling.
Because of that, the request was denied.
Defense attorney Heidi Buchi said Atherton's decision was the correct one and based on the evidence presented was the only one she could have made.
Prosecutors, however, said they were surprised and disappointed with the ruling. At past court hearings, doctors at the Utah State Hospital had said they had tried everything to restore Mitchell's competency except anti-psychotic medication, which he refused to take. With Thursday's ruling, deputy district attorney Alicia Cook said the state would have to consider all of its options before deciding what its next move would be.
"We have not made a decision on which direction to move," she said.
Recent comments
Davis, what makes you think that they would stop medicating him after…
Lacee | Oct. 25, 2008 at 3:25 p.m.
Forcing medication is soviet style 'justice'. Ed Smart let the guy…
Davis | Oct. 10, 2008 at 4:46 p.m.
Why do they let this nut-case wander around unshaven, and allow him…
Anonymous | Oct. 10, 2008 at 2:32 p.m.
