Mitchell to 'face the music,' father of Elizabeth Smart says

SALT LAKE CITY — Brian David Mitchell, the man accused of abducting and raping Elizabeth Smart, has been ruled competent to stand trial in federal court.

U.S. District Judge Dale Kimball, in a 149-page decision, ruled Monday that Mitchell does not suffer from a mental disease or defect, has sufficient ability to consult with his attorneys, understands the legal proceedings against him and has "demonstrated a capacity to have relevant legal discussions without resorting to religious rhetoric or breaking into song."

Mitchell's next court appearance will be March 26, when Kimball is expected to set a trial date.

Ed Smart, Elizabeth Smart's father, said that with Kimball's ruling, justice is being served in his daughter's case.

"Today was one of those turning points that (Mitchell) is no longer going to get away with it," he told the Deseret News. "It's a great day. Mitchell is going to face the music."

He said Monday he had not yet talked to his daughter to give her the news. But she was aware that a decision was coming soon.

Ed Smart said he hopes the ruling will compel Mitchell to stop his courtroom "shenanigans," which have included singing or yelling at every state and federal hearing since 2004.

"But I think Mitchell isn't too predictable. I hope the decision today will make him realize there's no more messing around. There's no more trying to get out of what he did. … I hope he does (enter a) plea. If he doesn't, he may be somewhere he doesn't want to be."

Smart said he has received several letters from inmates over the years, both in state and federal prisons, saying that if Mitchell shows up where they are, "We'll take care of him for you."

Smart said he had been hopeful Kimball would rule Mitchell competent to stand trial, and thought the case presented by prosecutors was compelling.

"But we didn't know until today. It's great," he said. "We're grateful for Judge Kimball's ruling."

If Mitchell enters into a plea bargain, there may be a chance he will go to "a place he feels is safer," Ed Smart said. Otherwise, if he goes to trial and is convicted, he could end up in a general population area of a prison.

"I'm thrilled this decision has come down and Elizabeth has the opportunity for this case to go forward," said former U.S. Attorney for Utah Brett Tolman, who oversaw the prosecution in Mitchell's competency hearing.