2nd competency hearing for Mitchell

The second competency hearing for accused Elizabeth Smart kidnapper Brian David Mitchell is scheduled Wednesday.

This week was originally scheduled for Mitchell's trial on charges of aggravated kidnapping and aggravated sexual assault to wrap up.

Third District Judge Judith Atherton, however, ordered a second competency hearing for the self-proclaimed prophet following a Dec. 3 hearing in which Mitchell, who had been docile during previous hearings, began singing "O Come, O Come, Emmanuel." Mitchell was eventually escorted out of the courtroom after disobeying the judge's orders to be quiet.

During a Jan. 6 hearing Mitchell had his second outburst in consecutive hearings. He loudly chanted "Repent, for the kingdom of heaven is at hand," before being escorted out of the courtroom.

His competency hearing was delayed until this week, thus putting his 12-day scheduled trial on hold.

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

Barzee, who has filed for divorce, was found mentally incompetent to stand trial and is currently at the Utah State Hospital.

Doctors Stephen Golding and Noel Gardner, who did separate competency exams for Mitchell's first hearing, will also examine the former street preacher for the second hearing.

Atherton noted during the most recent hearing that Gardner had already submitted his second report to the court and had found Mitchell competent for a second time.

Mitchell's attorneys have indicated they might call Jennifer L. Skeem, an assistant professor of psychology and social behavior at the University of California, Irvine, to the stand as an expert witness during the hearing.

Skeem, a forensic psychologist, was hired by the defense last year to do an evaluation of Mitchell and initially found him competent to stand trial. She reportedly said she needed to update her evaluation, however, following a jail visit with Mitchell in October.

Mitchell's attorneys have said their client's "reasoning was more strongly driven by his delusions" in recent months.

Since Mitchell's last appearance in court there have been a flurry of motions and subpoenas flying back and forth between the defense and Smart's attorney, Greg Skordas. The defense is seeking Smart's school and medical records as well as the original hard drive from the Smart family's computer.

Skordas, along with the Salt Lake District Attorney's Office, have filed motions to have the subpoenas quashed.

Ed Smart told the Deseret Morning News Monday that he did not plan on attending Mitchell's second competency hearing, saying that he didn't expect to learn anything he didn't already know.

"I'll be surprised if he isn't found competent," he said.

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E-mail: preavy@desnews.com