Smart case competency hearing enters ninth day

A federal court competency proceeding for the man charged with the 2002 kidnapping of Elizabeth Smart moves into its ninth day Thursday with testimony from a forensic psychologist.

Dr. Richart DeMier evaluated Brian David Mitchell is incompetent to stand trial on charges of kidnapping and unlawful transportation of a minor across state lines.

DeMier evaluated Mitchell for 45 days at a federal prison hospital. He says Mitchell understand his situation, but isn't making rational decisions.

DeMier is testifying as part of a 10-day, U.S. District Court hearing to determine whether Mitchell is competent for trial. The hearing is expected to end Friday.

Federal prosecutors contend Mitchell is competent, but faking an illness to avoid prosecution.

Defense attorneys disagree.

Bay Area NewsCrimeCrime & CourtsNation

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