SALT LAKE CITY—
Federal prosecutors are set to begin the process of trying to convince a judge that Brian David Mitchell is competent to stand trial for allegedly kidnapping Elizabeth Smart. The 10-day hearing begins Monday morning before U.S. District Judge Dale Kimball.Outgoing U.S Attorney Brett Tolman calls it a crossroads in the case against Mitchell. After a series of singing outburts, Mitchell was found incompetent in state court. Then in October, 2008 a judge ruled he did not meet the criteria to be forcibly medicated.
After that, Tolman took on case, indicting Mitchell and his alleged partner in crime, Wanda Barzee. She was forcibly medicated and last month plead guilty to her role in the Smart kidnapping. Tolman, who will be leaving office Dec. 31, says he's had "Mitchell on the brain, 24/7" preparing for the competency hearing.
Elizabeth's father Ed Smart is confident Mitchell will be found competent and is looking forward to a 2010 trial that will bring an end to this six year, legal ordeal.
FOX 13's Scott McKane reports.
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