Salt Lake City (AP) A judge has found Brian David Mitchell, the man accused of kidnapping Salt Lake City teenager Elizabeth Smart, incompetent to stand trial. Third District Judge Judith atherton issued her decision Tuesday in a 60–page report. Atherton committed him to a state prison for "treatment intended to restore the defendant to competency."
Atherton's ruling came nearly three weeks after his mental
competency hearing wrapped up. He had earlier been found competent to stand trial, but Atherton ordered a new round of hearings after he broke out into a Christmas hymn at a December scheduling hearing.
Elizabeth Smart was abducted from her bedroom in June, 2002. She was found nine months later walking in a Salt Lake City suburb with Mitchell and his wife, Wanda Barzee.
Mitchell and Barzee both face kidnapping and other charges.
Barzee, who has filed for divorce, also was found incompetent to stand trial and is being treated at a state hospital.
Copyright 2005 by the Associated Press. All rights reserved.
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