Mitchell back in S.L. jail after out-of-state mental evaluation

Published: Saturday, Feb. 14 2009 12:00 a.m. MST

Brian David Mitchell is back in the Salt Lake County Jail after being sent to a federal facility out of state for a mental-competency evaluation.

Mitchell, the self-proclaimed prophet and street preacher accused of kidnapping Elizabeth Smart in 2002 and taking her across state lines to San Diego, was sent to the federal facility in Springfield, Mo., after a federal magistrate decided a fresh competency evaluation was needed in the case.

Mitchell and his estranged wife, Wanda Barzee, were arrested in 2003, nine months after Smart was kidnapped. Both were charged in 3rd District Court, and both were found mentally incompetent to stand trial.

A state judge ordered that Barzee could receive involuntary medication in an effort to restore her to competency. But the same ruling was not made for Mitchell.

Shortly after it was determined Mitchell could not be forcibly medicated, the state case took a backseat to the federal indictment against Mitchell.

In November, U.S. Magistrate Samuel Alba ruled that an inpatient federal facility would result in 24-hour supervision and allow Mitchell to be evaluated by doctors better trained at dealing with the type of delusional disorder Mitchell is believed to have.

Mitchell returned to the Salt Lake County Jail on Thursday. U.S. Attorney for Utah spokeswoman Melodie Rydalch said Mitchell being returned now is not indicative of anything.

"You can't read anything into the fact he's back," Rydalch said, noting that whether doctors found him competent or incompetent to stand trial would not be revealed outside of a court hearing.

Rydalch expected both sides to ask the judge to schedule a status hearing within the next few weeks to determine where the case goes from here.

Mitchell's next scheduled state court appearance is in March.

E-MAIL: preavy@desnews.com

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