Staff Writer

7:31 p.m. EST, December 11, 2009
SALT LAKE CITY—
Brian David Mitchell's fate now rests in the hands of federal judge Dale Kimball. Friday was Mitchell's final day for prosecutors and the defense to argue whether he is mentally competent. U.S. District Attorney, Brett Tolman and his team spent two weeks arguing that Mitchell is nothing more than an anti-social, narcissistic, pedophile who is trying to use religious fanaticism to justify kidnapping and sexually abusing Elizabeth Smart. The defense says Mitchell is deeply delusional and psychotic and should not be imprisoned as a usual criminal if found guilty.

Forensic psychologist, Jennifer Skeem has considered after her interviews with Mitchell that he was initially competent, but now says otherwise. She says that Michell's mental grasp on reality went downhill after plea agreements broke down in 2004.

Judge Kimball has a mountain of evidence and testimony on record to pour through before making a decision. He is expected to make a decision some time in February.

The final arguments were conducted in U.S. District Court in Salt Lake City as part of the mental competency hearing for Mitchell, who is charged with kidnapping Elizabeth Smart from her home back in 2002. She was found in the company of Mitchell, a homeless street preacher, and his wife, Wanda Barzee, nine months later walking down a Sandy street.

Elizabeth Smart has testified in the hearing. She offered her testimony about Mitchell's mental state in October. Now 21, she is currently serving a mission for The Church of Jesus Christ of Latter-day Saints.

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FOX 13's Scott McKane reports.