From Deseret News archives:
Victim deserves dignity
Now that a federal court has found Brian David Mitchell competent to stand trial, prosecutors can move ahead with the criminal case against the alleged kidnapper of Elizabeth Smart.
This ruling comes nearly eight years after the June 6, 2002, kidnapping of then 14-year-old Smart from her family home in Federal Heights. Smart, now 22 and serving a mission for The Church of Jesus Christ of Latter-day Saints, testified in a 10-day competency hearing in October that she was raped after a "marriage ceremony" conducted by Mitchell hours after her kidnapping and sexually assaulted throughout her captivity. Smart was found in March 2003 walking a Sandy street with Mitchell and his now-estranged wife, Wanda Barzee.
U.S. District Judge Dale Kimball's ruling is a major milestone in holding Mitchell accountable for his alleged conduct. In a 149-page ruling, Kimball wrote, "The evidence proves that Mitchell has the capacity to assist his counsel in his defense and the ability to behave appropriately in the courtroom."
This means the case can move to trial, although a plea agreement could be negotiated. Mitchell's attorney Robert Steele said he had no plans to appeal Kimball's ruling and would prepare for trial, likely waging an insanity defense.
While the ruling is significant, it is but one step in prosecuting Mitchell, who in 2008 was indicted on federal charges of kidnapping and unlawful transportation of a minor across state lines. Barzee, who was found competent to stand trial in state court more than a year ago, pleaded guilty to federal charges of kidnapping and unlawful transportation of a minor across state lines in November. She recently pleaded guilty in state court to a charge related to the attempted kidnapping of Smart's cousin. Prosecutors dropped other charges against her.
Whatever defense strategy Steele employs, we hope this case can come to a swift conclusion. Eight years after the fact, the public fascination with these events has not faded. The latest developments in this case were reported on national network news programs Monday evening and in national newspapers such as the New York Times and the Los Angeles Times and numerous blogs. The last thing Utahns should want is for Mitchell's trial to devolve into a public spectacle similar to the trials of O.J. Simpson or Michael Jackson.
Mitchell's on-and-off again theatrics aside, this case involves a young innocent being kidnapped from her bedroom and nine months of dehumanizing captivity. Smart deserves to have this matter handled with the utmost dignity so that justice is served.












