Brian Mitchell Kidnapping of Elizabeth Smart Utah
Article Last Updated: 12/20/2005 01:15:05 AM Judge rules Mitchell still unfit for trial Kidnapping case: The defendant will spend at least another year in the Utah State Hospital By Stephen Hunt The Salt Lake Tribune Accused Elizabeth Smart kidnapper Brian David Mitchell is still incompetent to stand trial, a judge ruled Monday. There has been no change in Mitchell's mental status despite nearly five months at the Utah State Hospital, according to doctors' reports reviewed by 3rd District Judge Judith Atherton. Mitchell's case is complicated by his continuing refusal to cooperate with doctors at the hospital. Nevertheless, Atherton found there is a likelihood that Mitchell can be made competent and she ordered him to remain at the hospital another 12 months for treatment. She scheduled another competency review for Dec. 18, 2006, at which time she may order a final 18-month stint of treatment. In summer of 2004, Mitchell's attorneys agreed he was competent for trial. But last December, Mitchell began singing during court appearances and refusing to speak to his defense team. Mitchell first burst into song during a Dec. 3, 2004, court appearance - with "O come, O come, Emmanuel," a 12th century Christian hymn that has become a Christmastime staple. During subsequent hearings, he sang other hymns and shouted fire-and-brimstone warnings, repeatedly prompting his removal from the courtroom. There was no singing on Monday because Mitchell was not present in court. Defense attorneys had waived Mitchell's appearance and the defendant was not transported from the Utah State Hospital, where he has been housed since August. Atherton deemed Mitchell incompetent last July following several hearings during which experts on both sides of the competency question testified. Mitchell's wife and co-defendant, Wanda Eileen Barzee, has reportedly taken a vow of silence she claims is ordered by God and also is refusing to cooperate with doctors. Doctors now say that forced medication is the last option for Barzee, who has been at the state hospital since March 2004. A hearing on whether to force Barzee to take anti-psychotic drugs is set for Feb. 16 before Atherton. Mitchell, 52, and Barzee, 60, allegedly kidnapped then-14-year-old Elizabeth Smart on June 5, 2002, from her Federal Heights home, apparently to make her become a plural wife. Elizabeth was rescued nine months later, on March 12, 2003, after the three were spotted walking down a street in Sandy. http://www.sltrib.com/utah/ci_3325991

Friday, December 23, 2005 Judge: Mitchell likely to regain competency SALT LAKE CITY (AP) -- The man accused in the abduction of Elizabeth Smart continues to be mentally incompetent and unable to stand trial, but there's a likelihood he'll regain competency in the future, 3rd District Judge Judith Atherton ruled Monday. Atherton recommitted Brian David Mitchell to the Utah State Hospital in Provo for another year and set a review hearing for him on Dec. 18, 2006. Monday's hearing was Mitchell's first review since he was found to be mentally incompetent and transferred from the Salt Lake County jail to the hospital in August. All defendants who are ruled incompetent to stand trial are brought back in front of a judge after 90 days for an update on their progress. "The judge made the finding that he's incompetent, continues to be incompetent, but he is substantially likely to regain competence," said Deputy District Attorney Clark Harms. Privacy laws prevent the state hospital from releasing specific information about Mitchell. But patients there are generally placed in private rooms with cameras that allow for round-the-clock monitoring. Over time, observations are decreased and patients are moved to private or shared rooms without cameras. The hospital's forensic unit is secure, although patients can freely access a dining area and day room. Patients also typically attend individual and group therapy sessions daily. Mitchell and his wife, Wanda Barzee, face multiple felony charges in the abduction of Smart from her Salt Lake City home in June 2002. They were captured nine months later walking along a sidewalk in suburban Sandy. Barzee has also been declared incompetent to stand trial, and doctors at the state hospital say they have tried all options to restore her competency except medication, which she refuses to take. Barzee will face a "Sell hearing" in February, which could determine if she meets the criteria to be forcibly medicated. Sell hearings were established by a 2003 U.S. Supreme Court decision. Under the Sell criteria, prosecutors must prove a compelling interest is at stake and that medicating Barzee will further that interest. They must also show that court-ordered medications would not harm Barzee, nor prohibit her ability to defend herself. The hearing will be the first of its kind in Utah. Casper Star Tribune

Tuesday, December 19, 2006 Highly agitated Mitchell still incompetent for trial By Pat Reavy Deseret Morning News He held up court for 2 1/2 hours, but once he arrived it took less than a minute for a highly agitated Brian David Mitchell to be removed from the courtroom. When court finally resumed, a judge found that Mitchell, accused of kidnapping and sexually assaulting Elizabeth Smart in 2002, is still incompetent to stand trial. Prosecutors say they will now seek to have him forcibly medicated in hopes of restoring his competency. Before the hearing, Mitchell could be heard yelling from his holding cell at the Matheson Courthouse before he was even brought into Judge Judith Atherton's 3rd District courtroom. His tirade continued when he stepped into the room and directly yelled at Atherton. Continuously spouting religious babble, Mitchell several times yelled, "Repent ye, repent ye," and told Atherton, "How dare you (wear) those filthy robes. Forsake those robes and kneel in the dust." He further tried to mock Atherton's authority by saying she wore the "robes of the false priesthood." In past hearings, Mitchell has taken a seat next to his attorneys before being removed for his outbursts. Monday, Mitchell got about two feet into the courtroom and was led right back into the holding cell without ever having a chance to sit down. A few minutes after he was removed, he could again be heard screaming "repent ye, repent ye" and talking about the "lord almighty" and "speak the words of truth to you" and something more about "your filth." Several court bailiffs ran back to the holding cell to control Mitchell. They then stood nearby outside the holding cell for the rest of the hearing, but Mitchell did not cause anymore disruptions. "I need to get my robes dry cleaned," Atherton joked after Mitchell left the room. She also noted for the record that Mitchell was "extremely agitated" during his brief appearance Monday. Mitchell was declared incompetent to stand tr ial in December of 2005. Monday was the date set for his one-year review hearing. The hearing was delayed, however, because he initially refused to be transported from the Utah State Hospital in Provo. Mitchell's attorneys even asked the court if their client could be absent from the proceedings. But Atherton signed an order saying Mitchell "cannot refuse to come to court" and ordered he be transported immediately. "It was important for me to personally assess his demeanor," she said in court. Once the hearing started, Atherton revealed that doctors at the State Hospital had found Mitchell is still not competent to stand trial. Deputy district attorney Kent Morgan said Mitchell had not participated in any therapy at the hospital and the state would now take steps for Mitchell to be forcibly medicated. He noted that doctors at the hospital also recommended in their report that "psychotherapy medication should be considered." "Our intent is to file a petition for a forced medication hearing," Morgan said. "I believe his behavior is something that's controllable. ... We anticipate doing exactly what we did with Barzee." Mitchell's estranged wife and co-defendant Wanda Barzee was also found twice to be incompetent to stand trial and ordered by Atherton to be forcibly medicated. Her defense appealed the decision to the Utah Supreme Court, which has taken the case under advisement. The next court date for Mitchell was scheduled for Jan. 12. At that time, a date is expected to be set for a so-called Sell hearing, named after the 2003 case Sell v. United States, in which the U.S. Supreme Court allowed for involuntary medication if four criteria were met: there is important government interest at stake; the involuntary medication will significantly further those important governmental interests; it is necessary to further the state's interest; and it is medically appropriate. Barzee's Sell hearing was the first ever in Utah. At the defense's request, Atherton agreed that Mitchell's appearance in January could be waived. -------------------------------------------------------------------------------- E-mail: preavy@desnews.com http://deseretnews.com/dn/view/0,1249,650216140,00.html

Saturday, January 13, 2007 Judge agrees to a hearing about Mitchell Third District Judge Judith Atherton agreed Friday to hold a hearing to determine if Brian David Mitchell, accused in the kidnapping of Elizabeth Smart, should be forcibly medicated to restore his competency. "There is good cause to convene an involuntary medication hearing," Atherton said. The hearing was requested by prosecutors who say Mitchell has not participated in any of his therapy sessions at the Utah State Hospital and has refused to take anti-psychotic medication on his own. During his most recent court hearing in December, Mitchell angrily lashed out at Atherton in one of his most aggressive verbal outbursts since being in custody. Mitchell was allowed to miss Friday's hearing. Atherton set the next court date for Feb. 28, when the defense and prosecutors hope to have their lists of expert witnesses ready. Prosecutors said they planned to call Dr. Paul Whitehead, who heads the State Hospital, and Mitchell's attending physician, Dr. Cynthia Vitko. http://deseretnews.com/dn/view/0,1249,650222632,00.html

Monday, September 10, 2007 Salt Lake City Mitchell returning to court Hearing set on forcibly medicating the suspect By Pat Reavy Deseret Morning News Published: Sept. 9, 2007 12:18 a.m. MDT The highest-profile kidnapping case in Utah history will return to center stage at the Matheson Courthouse Tuesday. The court proceedings involving Brian David Mitchell, accused of kidnapping Elizabeth Smart, have been bogged down by many appeals over the years, causing the case to proceed at a snail's pace. Now they are scheduled to resume in 3rd District Judge Judith Atherton's courtroom for a three-day "Sell" hearing to determine whether Mitchell can be forcibly medicated in an attempt to restore his competency so he can stand trial. The self-proclaimed prophet — along with his estranged wife, co-defendant Wanda Barzee — each were charged with five first-degree felonies and one second-degree felony on March 18, 2003, including aggravated kidnapping and aggravated sexual assault. A state grand jury indicted the couple on identical charges six months later. Those charges superceded the previous ones. Four years later, however, neither defendant has gone to trial. Barzee was first ruled incompetent to stand trial Jan. 9, 2004. In June 2006, Atherton ruled Barzee met the guidelines established in Sell vs. United States, a case that set the standard for involuntary medication, and could be forcibly medicated. It was the first-ever Sell hearing in Utah. On July 7, 2006, Barzee's defense team filed a petition asking the Utah Supreme Court to look at Atherton's ruling. The state's high court agreed to hear the case Dec. 6, 2006, and took the arguments under advisement. As of Friday, the court had not issued its decision. Mitchell will become the second person in Utah to have a Sell hearing. A 12-day trial was scheduled for Mitchell at one point on Feb. 1, 2005. On the day the indictment was unsealed, Mitchell stood motionless and expressionless as he listened to the charges against him and responded "not guilty" to each. The trial was postponed, however, after Mitchell's courtroom demeanor drastically changed at each subsequent hearing. Courtroom appearances by Mitchell have now become sideshow spectacles. It began with Mitchell being removed for singing in 2004. Today, Mitchell barely gets to his seat before disrupting the courtroom with yelling, usually telling people to repent. During his last courtroom appearance in 2006, a highly agitated Mitchell had his angriest outburst to date, yelling even before he was led into the courtroom and then targeting his tirade specifically at Atherton once he got there. "How dare you (wear) those filthy robes. Forsake those robes and kneel in the dust," he screamed at her while also saying Atherton wore the "robes of the false priesthood." Doctors at the Utah State Hospital say they have tried everything to restore Mitchell's competency except anti-psychotic medication, which he refuses to take. Prosecutors also noted that Mitchell had refused to participate in any therapy while at the hospital. The prosecution is expected to have two witnesses testify at the Sell hearing, while the defense is expected to call three witnesses to the stand. If Atherton rules Mitchell can be forcibly medicated, as she did Barzee, the defense would have the option of filing a petition with the Utah Supreme Court seeking interlocutory appeal. In order for Mitchell to be forcibly medicated, Atherton must find that: • There is important government interest at stake. • Involuntarily medication will significantly further those governmental interests. • It is necessary to further the state's interest. • It is medically appropriate. -------------------------------------------------------------------------------- E-mail: preavy@desnews.com http://deseretnews.com/dn/view/0,5143,695208506,00.html

Accused Smart kidnapper ordered to undergo new evaluation Published: Wednesday, Nov. 12, 2008 11:04 a.m. MST A federal judge today ordered Brian David Mitchell to be sent away to a federal facility for a mental competency evaluation. The man accused of kidnapping Elizabeth Smart will either be sent to Los Angeles or Springfield, Mo. This will be his first mental competency hearing in the federal system. Judge Samuel Alba agreed with prosecutors that federal evaluators have more of an expertise in dealing with Mitchell's type of mental illness. He has received previous evaluations when he was being prosecuted in the state system, but the last evaluation was four years ago. Mitchell, and his estranged wife Wanda Barzee, are accused of kidnapping Smart from her Federal Heights home in 2002. The trio was found walking down State Street in Sandy nine months later. Mitchell was removed from the courtroom again Wednesday morning after he began singing a hymn — something he has done in nearly all of his court appearances. — Pat Reavy http://deseretnews.com/article/1,5143,705262521,00.html