Mitchell competency hearing begins Monday

Since his arrest in 2003, Brian David Mitchell has had two competency hearings and a forced medication hearing, all in state court.

Starting Monday, the man accused of kidnapping and sexually assaulting Elizabeth Smart will have what some, including Elizabeth's father, Ed Smart, consider the most important hearing to date in the drawn-out legal proceedings.

"I think this is the most important thing," Ed Smart said. "Wanda (Barzee's plea bargain) was very significant and important. But Mitchell was absolutely at the very center of everything."

On Monday, a 10-day hearing to determine if Mitchell is mentally competent to stand trial — his first such hearing in federal court — will begin in front of U.S. District Judge Dale Kimball. Having already been declared mentally incompetent to stand trial in 3rd District Court and not eligible to be forcibly medicated, the future of Mitchell's criminal proceedings rests heavily on the outcome of this hearing.

"I believe, to date, this is the most important crossroad in the case; I do," said U.S. Attorney for Utah Brett Tolman. "Everyone knows what our theory on the case is and our theory on competency. We have to now (convince) the judge our theory is accurate."

Father optimistic

Ed Smart, who plans on attending as much of the hearing over the next two weeks as his schedule allows, believes the outcome this time will be different.

"I really do expect he is going to be found competent. I'll be very surprised if he isn't," he said.

Elizabeth Smart was 14 when she was kidnapped from her Salt Lake bedroom on June 5, 2002. She, Mitchell and Barzee — Mitchell's estranged wife and co-defendant — were spotted in Sandy in March of 2003, just a week after the trio had left Lakeside, Calif. Mitchell and Barzee were arrested and charged both in state court and federal court.

Barzee, who was declared incompetent to stand trial in state court in 2004, was ordered to undergo involuntary anti-psychotic medication in May of 2008.

In a remarkable turn of events, Barzee's doctors last month declared her competent to stand trial, which opened the door for a rapid resolution of her case. Just a month later, she pleaded guilty in a deal that covered both her state and federal charges.

Mitchell was originally declared competent to stand trial in 2004. An Associated Press story during one of his court hearings noted, "A handcuffed Mitchell … did not speak during Tuesday's hearing but nodded twice when Judge Judith Atherton asked if he agreed with the decision and understood what it meant."

Singing outbursts