Smart kidnapping suspect removed from courtroom for singing

Published: Wednesday, Feb. 16 2005 11:47 a.m. MST

Brian David Mitchell, the man charged with kidnapping teenager Elizabeth Smart, was removed from his competency hearing Wednesday for singing a religious tune — the third time Mitchell has been kicked out of court for breaking out into song.

Last month, Mitchell held up the proceedings for an hour and a half because he refused to come to the courthouse, forcing Judge Judith Atherton to sign a transport order requiring his presence.

When he finally arrived, the shackled Mitchell began to sing the Bible verse, "Repent for the kingdom of Heaven's at hand," making it through two repetitions before sheriff's deputies led him from the courtroom. In December, he was removed from a scheduling hearing for singing a Christmas hymn.

Mitchell's lawyers had previously stipulated he was mentally sound enough to stand trial, but said they wanted additional evaluations because he was becoming increasingly unable to aid his own defense.

The second competency hearing was postponed because defense expert Stephen Golding said he needed more time to evaluate Mitchell. The two-day hearing was rescheduled for Feb. 15-16, also pushing back a trial date previously set for Feb. 1.

Wednesday's hearing continued without Mitchell.

Mitchell, 51, and his wife, Wanda Barzee, 59, are charged with kidnapping, aggravated sexual assault, aggravated burglary and attempted aggravated kidnapping in the 2002 abduction. He's also charged in the attempted abduction of Elizabeth's cousin seven weeks after Elizabeth's kidnapping.

Mitchell reportedly believes he's a messenger of God, and allegedly kidnapped Elizabeth, then 14, to keep her as a second wife.

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