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Brian David Mitchell

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Mitchell sentenced to life in prison for kidnap, rape of Elizabeth Smart

The homeless street preacher convicted of kidnapping Elizabeth Smart faces a possible life prison term when he is sentenced on Wednesday, during a hearing in which Smart was expected to address him directly.

Mitchell, 57, was found guilty by a federal court jury in December of kidnapping and unlawful transportation of a minor across state lines to engage in sexual activity.

A jury found a rambling street preacher guilty Friday of the 2002 kidnapping of Elizabeth Smart in a case that has tugged at hearts around the nation ever since the Utah teenager was snatched from her bedroom and resurfaced nine months later.

Brian David Mitchell could face up to a life in prison when he is sentenced.

More than eight years after Elizabeth Smart was kidnapped at knifepoint from her Salt Lake City home, the case may finally be coming to an end as prosecutors called the last of their rebuttal witnesses, a New York City-based forensic psychologist, who testified about an evaluation he did of the defendant, Brian David Mitchell.

The testimony of Brigham Young University professor Daniel C. Peterson seemed to support the prosecution’s contention that the defendant is a smart, cunning person — an argument that runs counter to defense attorneys’ claims that he is mentally ill and can’t be held responsible in the case

Attorneys for Brian David Mitchell, who is accused of kidnapping Elizabeth Smart, say they will seek an insanity defense during their client’s upcoming trial in federal court scheduled to begin Nov. 1.

Mitchell is accused of kidnapping and raping Elizabeth Smart, who was 14 at the time, in 2002 and holding her captive for nine months.

Brian David Mitchell is competent to stand trial in the abduction of Elizabeth Smart despite his personality disorders, a judge ruled Monday.

In a 149-page decision, U.S. District Judge Dale Kimball said Mitchell can understand the charges against him and help his lawyers in his defense, the standard for mental competency.

Street preacher Brian David Mitchell is purposely adopting a fake religious persona, does not suffer a mental illness and is competent to stand trial, according to federal prosecutors.

In December, a 10-day competency hearing was held for the man accused of kidnapping and sexually assaulting Elizabeth Smart in 2002. It was Mitchell’s third competency hearing overall, and his first in federal court.

Leslie Miles, a former employee of Utah State Hospital, took the witness stand during the second day of the competency hearing for Brian David Mitchell, 56, who faces federal charges of kidnapping and unlawful transportation of a minor across state lines.

Mitchell was able to take care of himself and ask for things while in the hospital’s forensic unit but refused to participate in any treatments or therapies, Miles said.

The American student Elizabeth Smart has, for the first time, described her nine-month kidnap ordeal after being snatched by a stranger from her bedroom in Salt Lake City seven years ago.

Asked by a prosecutor to describe Brian David Mitchell, the self-described prophet accused of holding her captive for nine months, Ms Smart replied: “Evil, wicked, manipulative, stinky, slimy, greedy, selfish, not spiritual, not religious, not close to God.”

A federal judge has ruled that Elizabeth Smart can testify in the upcoming mental competency hearing for her accused kidnapper.

In a ruling issued Monday afternoon, U.S. District Judge Dale A. Kimball denied a defense motion to bar Smart from testifying in the case of Brian David Mitchell.

Once court resumed, Alba entered a “not guilty” plea on behalf of Mitchell, gave prosecutors a week to gather the evidence from the state competency hearing so it could be shared with the judge and defense, and set another hearing for Nov. 12.

At that time, Alba is expected to rule on the government’s motion for a competency evaluation for Mitchell at a federal facility.

Brian David Mitchell, accused in the kidnapping of Elizabeth Smart, does not meet the criteria for forced medication, a 3rd District judge ruled Thursday.

Judge Judith Atherton wrote in a 44-page decision that the likelihood that psychotropic medications would help Mitchell is too low to warrant forcing him to take them.

U.S. District Attorney Brett Tolman subsequently announced Friday that his office has started the process to prosecute Mitchell in federal court.

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