02/02/10

SALT LAKE CITY (AP) _ Defense attorneys for the man charged in
the 2002 abduction of Elizabeth Smart say the issue of his legal
mental competency is unrelated to the facts of the case.

Court papers filed Monday in U.S. District Court by attorneys
for Brian David Mitchell say a judge could agree that Mitchell had
kidnapped Smart, but still find him incompetent to stand trial.

The papers were filed in connection with a December hearing to
determine Mitchell's competency.

Federal prosecutors say testimony from Smart and others about
Mitchell's behavior and statements confirms their premise that he
is faking mental illness to avoid prosecution.

Mitchell's attorneys maintain that he is incompetent.

U.S. District Judge Dale Kimball will ultimately decide whether
Mitchell is fit to stand trial.

(Copyright 2010 by The Associated Press. All Rights Reserved.)
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