Judge agrees to a hearing about Mitchell

Third District Judge Judith Atherton agreed Friday to hold a hearing to determine if Brian David Mitchell, accused in the kidnapping of Elizabeth Smart, should be forcibly medicated to restore his competency.

"There is good cause to convene an involuntary medication hearing," Atherton said.

The hearing was requested by prosecutors who say Mitchell has not participated in any of his therapy sessions at the Utah State Hospital and has refused to take anti-psychotic medication on his own. During his most recent court hearing in December, Mitchell angrily lashed out at Atherton in one of his most aggressive verbal outbursts since being in custody.

Mitchell was allowed to miss Friday's hearing.

Atherton set the next court date for Feb. 28, when the defense and prosecutors hope to have their lists of expert witnesses ready. Prosecutors said they planned to call Dr. Paul Whitehead, who heads the State Hospital, and Mitchell's attending physician, Dr. Cynthia Vitko.