Smart kidnapping case going to federal court
State ruling on Mitchell's meds prompted move
On Friday, U.S. Attorney for Utah Brett Tolman and Salt Lake County District Attorney Lohra Miller said that in light of a ruling Thursday by 3rd District Judge Judith Atherton not to allow involuntary medication of Mitchell, the time was right to proceed with the federal case.
Without forced medication, Miller said, her office had essentially been boxed into a corner. Although Miller said the state was not dropping its charges against Mitchell, prosecutors believe the best way to proceed at this point is through the federal system.
"The state is at a crossroads," Tolman added, noting that pursuing the state case would result in a long series of court appeals.
Miller said moving Mitchell into federal custody was the best thing for both prosecutors and the victim in the case.
"We're very concerned about making sure Elizabeth Smart's constitutional rights are preserved," she said.
A grand injury indicted Mitchell and his estranged wife, co-defendant Wanda Barzee, in March on charges of interstate kidnapping and unlawful transportation of a minor across state lines.
A writ officially transferring Mitchell from the state to the federal court system was expected to be filed by early next week. After that, it will be seven to 10 days before Mitchell makes his first appearance in federal court.
Mitchell, who has been in custody since he was arrested in 2003, will essentially start over in federal court with his initial appearances and possible competency hearings. But where precedence has already been set in the federal system, Tolman said he expected the case to start moving much faster.
If Mitchell has another competency evaluation, he will be sent to a federal facility in Springfield, Mo., to be tested, Tolman said. Although the standard for finding a person incompetent to stand trial is the same in the state and federal court systems, Tolman said the federal system is traditionally quicker about getting to a resolution.
"We will pursue (the case) vigorously and bring it to a head quickly," he said. "We now move as quickly as we can."
Mitchell's court hearings have become known for his courtroom antics that include singing and yelling at the judge from almost the moment he is brought into the room until he is escorted out minutes later.
Recent comments
This is good news, Mitchell is in for big surprise in the federal…
IMO | Oct. 10, 2008 at 9:19 p.m.
either of the two is crazy! I think they are wicked. Unless you…
I don't think | Oct. 10, 2008 at 6:19 p.m.
