Associated Press

1:17 p.m. EST, December 8, 2009
SALT LAKE CITY (AP)—
Defense attorneys on Tuesday are expected to present their first witness in a federal court competency hearing for the man charged with Elizabeth Smart's 2002 abduction. Dr. Stephen Golding, a psychiatric expert who said Brian David Mitchell was incompetent in a state case, is expected on the stand in U.S. District Court at an 8:30 a.m. MST hearing.

Federal prosecutors contend Brian David Mitchell is competent to stand trial on charges of kidnapping and unlawful transportation of a minor across state lines.

An expert for the defense on Monday said Mitchell is malingering -- faking or exaggerating an illness to avoid prosecution.

The hearing before Judge Dale Kimball is expected to last through Friday.

No ruling on Mitchell's competency is immediately expected.

Stay with FOX 13 News and fox13now.com for more developments on this story. Also watch Live at Eleven for the latest report.

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