Mitchell headed to another competency hearing

Another hearing to determine whether Brian David Mitchell, accused of kidnapping Elizabeth Smart, is competent to stand trial appears to be on the horizon.

During a status conference in U.S. Magistrate Samuel Alba's courtroom Thursday, defense attorneys revealed that Mitchell, who was sent to a federal facility in Springfield, Mo., late last year to be evaluated by a court-appointed doctor, was found to be incompetent.

However, the government's key witness for the upcoming competency hearing, Dr. Michael Wellner, from New York City, recently completed his research of Mitchell, which included interviewing the self-proclaimed prophet, and concluded in his 205-page report that Mitchell was competent to stand trial.

"It's rather interesting," Alba said of the lengthy report.

Both the prosecution and defense are now trying to work out a game plan for the competency hearing, including how long it will likely last and how many witnesses should be called.

Both sides anticipated calling witnesses from Mitchell's state competency hearing. Prosecutors believe the hearing will last at least 10 days, though the defense is hoping for fewer. But Wellner was anticipated to take several days on the stand for his testimony, according to prosecutors. Dr. Noel Gardner, who twice found Mitchell competent to stand trial during each of his two state competency hearings, was also expected to take a couple of days on the stand, prosecutors said.

Alba gave attorneys until Aug. 10 to file motions, and he set another hearing for Aug. 17, at which time he hoped to name the dates for the competency hearing.

"We couldn't even tell you about the (estimated) length (of a competency hearing), because we disagree so drastically about the scope of the hearing," said defense attorney Bob Steele.

Based on schedules, there were indications Thursday that the hearing might not be until November.

"I think the lines are clearly drawn," Steele said of the attorneys' positions heading into the competency hearing. "It's a good legal issue. I don't think it's any different than it was in the state."

Steele acknowledged Mitchell's federal case could proceed through the court exactly as his state case has. He called the situation of "serial competency litigation" unique in Utah.