Jennifer Dobner - The Associated Press | Posted: Thursday, October 9, 2008 11:00 pm
SALT LAKE CITY -- Prosecutors said Friday they will seek to move the case of the man charged with the 2002 kidnapping of Elizabeth Smart into the federal court system.
Utah's U.S. Attorney, Brett Tolman, said his office will file a writ to take custody of Brian David Mitchell.
The announcement came a day after a 3rd District judge denied a state request to forcibly medicate Brian David Mitchell, who was twice found incompetent to stand trial.
Judge Judith Atherton said she is not convinced anti-psychotic drugs would restore Mitchell's competency. The ruling stalls the state's attempt to try Mitchell on multiple felonies connected to the Smart kidnapping, including aggravated kidnapping and aggravated sexual assault.
A message left for Mitchell's court-appointed attorney was not immediately returned Friday.
Mitchell, who suffers from a delusional disorder, was indicted on charges of kidnapping and unlawful transportation of a minor by a federal grand jury in March. At the time, Tolman said the indictment would preserve the option of federal prosecution, but that he would let the case play out in state court.
"We always intended to pursue federal charges and this presents itself as a time now in which we can do so efficiently and hopefully effectively," Tolman said.
Mitchell's now-estranged wife, Wanda Eileen Barzee, faces identical state and federal charges.
Her state case is also on hold while doctors at the Utah State Hospital forcibly medicate her in an attempt to restore her competency. Barzee was twice ruled incompetent, but Atherton said she met the criteria for forced medication.
Salt Lake County Attorney Lohra Miller said Friday she's given the OK to also move Barzee's case into the federal system.
Tolman said he won't immediately seek a writ for Barzee.
Smart was 14 when she was abducted from the bedroom of her Salt Lake City home in June 2002. She was found in March 2003, walking the streets of a suburb with Mitchell and Barzee. Authorities have said Mitchell made Smart his spiritual wife to fulfill a religious prophecy.