Elizabeth Smart's accused kidnapper will go on trial Nov. 1

by | Mar. 12, 2010

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Brian David Mitchell will go on trial in federal court starting Nov. 1 for allegedly kidnapping and raping Elizabeth Smart.

The trial date was set Friday morning. Officials said the trial is expected to run for a minimum of two weeks, and defense attorneys plan to try to move the trial out of Utah.

Mitchell was ruled competent to stand trial last week by U.S. District Judge Dale Kimball. A scheduling hearing was set for Friday morning, at which time a trial date was expected to be set.

Mitchell was arrested in 2003, but for nearly seven years his case has been tied up in arguments, mostly in state court, over whether he was competent to stand trial and whether he was eligible for involuntary medication. His appearances in court have been brief, as he has been removed from the courtroom for every hearing, in both state and federal court, since 2004 for constant singing and occasional verbal tirades.

But in his decision last week, Kimball said he believed Mitchell could control his actions in court and could choose not to sing if he didn't want to.

Read the rest of this story at deseretnews.com
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