Mitchell incompetent — for now, anyway

Brian David Mitchell was again ruled incompetent to stand trial Monday, but the judge said there was "substantial likelihood" he would regain competency in the "foreseeable future."

In making her ruling, 3rd District Judge Judith Atherton ordered Mitchell to remain at the Utah State Hospital to continue receiving treatment. A review hearing was scheduled for Dec. 16, 2006.

Mitchell, accused of kidnapping Elizabeth Smart from her room in June of 2002 and assaulting her, was declared incompetent to stand trial July 26. His drawn-out competency hearing was marked by continuous singing and shouting outbursts by Mitchell, who had to be removed from the courtroom each day of his hearing.

Monday was Mitchell's 90-day review hearing. The court allowed Mitchell to remain at the state hospital and be absent from the brief hearing.

In court, Atherton said the report prepared by Dr. Gerald Berge, a psychologist at the Utah State Hospital, "was not really consistent." The cover letter indicated that doctors really couldn't do much in terms of an evaluation because Mitchell was not being cooperative, she said.

However, Atherton also noted that the main body of the report was "fairly specific."

Mitchell's defense attorneys said in court the report showed there "has not been significant change to Mr. Mitchell's clinical condition."

Salt Lake Deputy District Attorney Clark Harms said given Mitchell's lack of cooperation, the prosecution agreed it would be best to move into the one-year review phase. He noted, however, that if the hospital found a significant change in Mitchell's competency prior to one year, an earlier court date could be requested.

Outside the courtroom, Harms said it didn't really matter whether or not he was frustrated by Mitchell seemingly being able to slow the proceedings against him by either singing in court or refusing to cooperate with doctors at the hospital.

"We just have to go through the process," Harms said. "We're certain that at some point he'll face trial and face the consequences for his actions."

Mitchell's estranged wife and co-defendant, Wanda Barzee, will take center stage in the courtroom next.

Barzee was ruled incompetent to stand trial Jan. 9, 2004. A court date was scheduled for Feb. 16 for Atherton to hear arguments on whether Barzee can be forcibly medicated to restore her competency. Mitchell, 52, and Barzee, 60, were indicted by a state grand jury Sept. 4, 2003. They were charged with aggravated kidnapping, two counts of aggravated sexual assault, two counts of aggravated burglary and conspiracy to commit aggravated kidnapping.

---

E-mail: preavy@desnews.com