Competency hearing sought in Utah for man charged in Smart kidnapping after psych report

Prosecutors seek competency hearing in Smart case

SALT LAKE CITY — Federal prosecutors are seeking a competency hearing for the man charged in the 2002 abduction of Elizabeth Smart in Utah following two independent evaluations of whether he is fit to stand trial.

The request was made Thursday in U.S. District Court in the case of Brian David Mitchell. He was indicted in March 2008 on charges of kidnapping and unlawful transportation of a minor.

Mitchell was evaluated by forensic psychologist Dr. Michael Wellner in April and at a federal facility in Springfield, Mo.

Wellner’s report was released to the judge and attorneys this week, but not made public.

Mitchell’s public defenders say he’s incompetent.

Smart was 14 when she was taken from her Salt Lake City bedroom in 2002. She was found in March 2003.

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