Mitchell exam won't be in Utah

Brian David Mitchell, accused of kidnapping Elizabeth Smart, was ordered Wednesday to be sent to a federal facility outside Utah for a mental competency evaluation.

The Federal Bureau of Prisons will now decide whether to send Mitchell to Los Angeles or Springfield, Mo. An order to have U.S. marshals transport Mitchell was expected to be completed soon. This will be his first mental competency hearing in the federal system.

"There's no question that a current evaluation is needed of the defendant," U.S. Magistrate Samuel Alba said in court.

All sides agreed Wednesday that a new evaluation of Mitchell was warranted. Prosecutors pointed out that Mitchell's four previous competency hearings conducted in state court were now outdated and contradictory, with two doctors finding him competent and two doctors concluding he was not competent.

The biggest debate Wednesday, however, was whether Mitchell should be evaluated once again at the Utah State Hospital or sent out of state.

Defense attorney Steven Killpack said there was no reason to believe Mitchell's behavior of not talking to doctors or participating in therapy sessions would be any different in a federal facility.

"He will be just as stoic, in our view, regardless of where the evaluation takes place," he said.

Killpack argued keeping Mitchell in Utah would result in lower financial expenses and give defense attorneys a better opportunity to establish a relationship with their client. Furthermore, as for the doctors who would evaluate Mitchell, he said there was "no reason to believe some greater expertise exists in the federal system."

But Alba agreed with prosecutors who argued doctors in the federal systems did, in fact, have a greater expertise in dealing with the type of delusional disorder Mitchell is believed to have. Federal prosecutor Diana Hagen said keeping Mitchell in Utah would essentially result in "warehousing" him, a term the defense said was nothing but a red herring.

Prosecutors also noted that Mitchell's behavior had "fluctuated dramatically in the last five years," Hagen said. Mitchell has gone from initially participating in plea agreement talks in his state case to disruptive outbursts in the courtroom.

"Here we have a defendant who won't even speak to his counsel," she said.

During Wednesday's hearing, Mitchell, who was wearing a yellow jumpsuit from the Salt Lake County Jail, was led into the courtroom with his eyes closed and began singing a hymn as soon as the proceeding began.

"I want him removed," Alba quickly told marshals, who took Mitchell to a back room where he could listen to the proceedings through a microphone and speakers.