Mitchell closer to going out of state for mental evaluation

Brian David Mitchell is a step closer to being sent to a federal facility out of state for a mental competency evaluation.

U.S. Magistrate Samuel Alba officially signed the order for the competency evaluation on Friday. The order calls for a report to be completed that includes "a description of the psychiatric, psychological, neuropsychological and medical tests" that are used on Mitchell, and a conclusion on whether Mitchell suffers from a mental illness "to the extent that he is unable to understand the nature and consequences of the proceedings against him or to assist properly in his defense," according to court documents.

The Board of Prisons will decide where Mitchell will be evaluated. As of Tuesday afternoon, that decision had not been made. The likely destinations for Mitchell are either Los Angeles or Springfield, Mo.

Mitchell and his estranged wife, Wanda Barzee, are accused of kidnapping Elizabeth Smart in 2002, taking her to Southern California and returning to Utah before being caught nine months later.

Mitchell was declared incompetent to stand trial in the state court system. But federal prosecutors said those evaluations were old at this point and a fresh set of evaluators are needed to look at the self-proclaimed prophet.

U.S. Attorney for Utah Brett Tolman believes federal facilities are also better equipped to evaluate a person like Mitchell because of more available resources than the Utah State Hospital.

Once Mitchell arrives at the federal facility, the court order calls for an evaluation to be completed within 30 to 45 days. It was unknown Tuesday when Mitchell would leave Utah.

— Pat Reavy