10-day hearing is set for Mitchell

A 10-day competency hearing for Brian David Mitchell, the man accused of kidnapping Elizabeth Smart, has been scheduled to start at the end of November.

On Monday, U.S. District Judge Dale Kimball set a two-week hearing for Mitchell, his third since his arrest in 2003 and his first in federal court, to begin Nov. 30 and run through Dec. 11.

A brief hearing to go over motions and scheduling was held Monday in U.S. Magistrate Judge Sam Alba's courtroom. A closed-door meeting in Kimball's office to go over scheduling, however, lasted longer. In the hallway, an anxious Ed Smart, Elizabeth's father, waited for word on when a hearing would be held.

After receiving the dates, Ed Smart seemed pleased that the long, drawn-out case was moving forward.

Mitchell, along with his estranged wife, Wanda Barzee, are accused of kidnapping Elizabeth Smart in 2002 and taking her to California before returning to Utah where they were spotted and caught in 2003. A state judge found Barzee incompetent to stand trial several years ago and ordered her to undergo involuntary medication in an effort to restore her competency. She has yet to be ruled competent.

Mitchell's progression through the court system has been a long and slow process. He was originally found competent to stand trial in state court but had a second hearing following a series of singing and yelling outbursts which became a regular occurrence at every hearing he attended. Mitchell was found incompetent during his second hearing and not eligible to be involuntarily medicated.

Kimball will also consider, on Nov. 9, several motions concerning the hearing. Mitchell's attorneys have asked in one of their motions that the potential witness list of 39 people from prosecutors be shortened.

If some of those scheduled to testify are not available in November or December, a special hearing to get their testimony will be held Sept. 25.

Mitchell's attorneys opted not to have the former street preacher transported to the courthouse for Monday's hearing.

e-mail: preavy@desnews.com