Mitchell's defense files flurry of motions

More filings and some decisions could be coming this week in 3rd District Court as the legal chess match in the case against accused Elizabeth Smart kidnapper Brian David Mitchell continues.

Mitchell's defense team has asked the court to again review Mitchell's competency case.

In September Judge Judith Atherton ruled Mitchell was competent to stand trial after both prosecutors and the defense agreed he was competent and a hearing was waived.

But the defense filed a motion on Nov. 10 requesting additional mental competency evaluations based on more updated information from a forensic psychologist. Atherton had yet to rule on that motion as of Monday.

In a separate request, the defense filed a motion Nov. 22 asking the court to adopt its reasons as to why Mitchell was competent for trial as opposed to the state's reasons.

Atherton may make a ruling on those motions Friday during a scheduled hearing. It's the last scheduled hearing before Mitchell's trial, set to begin Feb. 1.

In addition to the motions regarding competency, Mitchell's attorney's filed a flurry of motions Oct. 15 requesting, among other things, that the jury in the trial be sequestered. Prosecutors responded with motions of their own on Nov. 15, essentially opposing all the defense team's requests.

The defense now has until Wednesday to file its rebuttals.

Mitchell, 51, along with co-defendant and wife, Wanda Barzee, 59, were indicted by a state grand jury Sept. 4, 2003, with aggravated kidnapping, two counts of aggravated sexual assault, two counts of aggravated burglary and conspiracy to commit aggravated kidnapping.

Those indictments were kept sealed until September 1, a day after Mitchell was ruled competent to stand trial.

Barzee was found incompetent to stand trial earlier this year and is currently at the Utah State Hospital.

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