Comments about ‘Brian David Mitchell's state court case still on hold’

Judith Atherton allowed Mitchell to turn her courtroom into a sing along and was unable to control him. One must ask why is she still a judge if she cannot control her courtroom.

When election time comes again and we're asked to vote whether to retain judges, I'm going to look very carefully at Third District Judge Judith Atherton's record.

Even worse was that she was so easily fooled by Mitchell's phony singing act and issued, herself, the bad incompetency ruling, thereby thwarting justice.

Hopefully those life terms will be consecutive rather than concurrent.

Are there still time limitations with the state charges already having been filed? Hopefully the state will indefinitely reserve the right to prosecute.

The Federal Trial is over and Mitchell has been found guilty, therefore, the State has no more say in this matter. Judge Judith Atherton needs to resign.

Quoting from the article: Mitchell's state defense team argued that having those charges hanging over their client's head was, "unnecessary and unjustified. These charges cause unnecessary anxiety and concern to an incompetent defendant."

Are they serious?! What Elizabeth Smart endured at this lunatic's hands was "unnecessary and unjustified" and caused her a whole heck of a lot more than "unnecessary anxiety and concern."

If his attorneys think Mitchell is incompetent, then how much concern and anxiety would he seriously experience? If truly incompetent, he probably wouldn't understand the extent of the charges.

I can't believe those learned attorneys actual made those statements. They appear to be, well, incompetent and totally unfeeling toward Ms. Smart.

The state was humiliated by the feds on this one. The state did everything that they could to blow this case and the feds took things into their own hands and got the situation resolved. The state needs to drop the case and walk away before they get any more egg on their face. As for the judge, I would suggest deep breathing. Good deep inhales and exhales this will allow oxygen to get into the brain cells, it makes thinking easier.

It is the judge that needs to be tested here.
The Utah justice system is an embarassment to law.

After reading all of the comments, I'm wondering if the state charges are unnecessary. The man was found guilty. He couldn't serenade his way to freedom, and he will be probably looking at going away for the rest of his life. The games over for BDM.

I am disturbed to see the State Court trying to pretend they helped with this conviction.

"With the road map (laid out by the district attorney's case), the feds got to step in and do it all over, complete the road map and avoid the land mines."

For one, the feds relied more on the testimony of Elizabeth Smart herself. Smart's testimony during Mitchell's federal competency hearing in 2009 was the first time she had testified in court about the case."

What road map? They hadn't done anything to help the case along. I think they are trying to say without their ill attempted of court proceedings it helped Ms. Smart to better testify this time. Makes me sad to read, she would have done just the same several years ago. She is honest and forthcoming, it didn't change over the years. Sad case, I hope this will never happen again in State Court. Makes Utah judges look really lame and unprofessional.