Mitchell to face 3rd competency hearing

Accused Elizabeth Smart kidnapper Brian David Mitchell will receive another full competency hearing, this time in federal court.

Friday, Mitchell, who once again was removed from the room for loudly singing hymns, made his first appearance in court since being sent to a federal facility in Springfield, Mo., to be evaluated by a court-appointed doctor. Whether or not the doctor believed Mitchell was competent to stand trial was not made public.

However, prosecutors told U.S. Magistrate Samuel Alba they believe there needs to be a "contested competency hearing" in order to allow both sides to bring in more experts to testify about Mitchell's condition.

Outside the federal courthouse, U.S. Attorney for Utah Brett Tolman said he was still in the process of digesting the report.

"It's a lot more complicated than just a one-liner you can agree or disagree with," he said of the doctor's diagnosis.

In court, prosecutors said they anticipated a competency hearing would take up to 10 days. Tolman said his office anticipated calling at least three expert witnesses as well as additional lay witnesses.

Some of those expert witnesses prosecutors are expected to call include Dr. Noel Gardner, who testified during Mitchell's state competency hearing that he believed the street preacher was competent. Also, forensic psychiatrist Dr. Michael Welner, from New York City, is expected to be called to testify.

A Wikipedia page on Welner called him "one of America's most renowned forensic psychiatrists. He has pioneered several advances in forensic science, and consulted as lead forensic psychiatry examiner on some of the most critical and complex cases in America in recent years."

Prosecutors say Welner has spent more than 200 hours reading through Mitchell's case files and now wants to schedule a time to interview him in person.

Mitchell, with his long scraggly beard and hands and feet shackled, was brought into court Friday wearing a yellow jail jumpsuit. From the moment he was brought into the room he sang in a loud voice. He first sang "The Time Is Far Spent," a song that can be found in LDS hymn books. After he was seated, he sang "Who's on the Lord's Side," followed by "We Are All Enlisted," which he continued to sing when the judge entered the room.

Defense attorneys had filed a motion requesting Mitchell be excused from Friday's hearing. Alba denied the motion, saying it was his duty as a judge to invite Mitchell to the courtroom to give him an opportunity to cooperate. For the next scheduling hearing, however, Alba agreed that he did not have to be present.