Man accused of kidnapping Elizabeth Smart still mentally unfit for trial, judge rules

Monday, December 18th 2006, 2:44 pm

By: News On 6

SALT LAKE CITY (AP) The man accused of kidnapping Elizabeth Smart from her bedroom in 2002 and holding her for nine months was again declared unfit to stand trial Monday after screaming at a judge to "forsake those robes and kneel in the dust."

A hearing to review Brian David Mitchell's mental competency was quickly ended after his loud stream of outbursts and discussion of a report by his doctor.

"Repent ye, repent ye. Forsake your idolatry," said Mitchell, whose hands were cuffed to a chain around his waist.

"How dare you sit in those filthy robes, those robes of false priesthood," he told Third District Judge Judith Atherton. "Forsake those robes and kneel in the dust."

Mitchell is charged with aggravated kidnapping, sexual assault, aggravated burglary, and conspiracy to commit aggravated kidnapping.

Mitchell, 53, and his estranged wife, Wanda Barzee, 61, who also is charged with kidnapping Smart when she was 14, are being held at the Utah State Hospital.

Doctors have been trying to treat Mitchell without drugs, but prosecutor Kent Morgan said after Monday's scene in court that a request likely will be made for permission to forcibly administer drugs.

The Utah Supreme Court is considering whether Barzee, who also was found unfit to stand trial, can be forced to take drugs to improve her mental health.

In 2003, Smart was found walking along a street in suburban Sandy with Barzee and Mitchell. All were wearing robes, and the teen also had a veil over her face.