Statement of Acting U.S. Attorney Carlie Christensen on Decision Finding Brian David Mitchell Competent to Proceed to Trial

SALT LAKE CITY—U.S. District Judge Dale Kimball issued a memorandum decision and order in the Brian David Mitchell case Monday morning finding Brian David Mitchell competent to stand trial.

Acting U.S. Attorney for Utah Carlie Christensen issued the following statement following Judge Kimball’s ruling:

“We’re pleased with today’s ruling by U.S. District Judge Dale Kimball finding Brian David Mitchell competent to proceed to trial.

“This is a significant step forward holding the defendant accountable for his conduct. Elizabeth Smart, her family, and this community have waited many years for resolution of this case. The Court’s determination that the defendant is competent to stand trial moves us toward that resolution.

“While we have great respect for the state court efforts in this case, we believe that the additional in-depth testimony of both fact and expert witnesses presented to Judge Kimball in the federal competency proceedings was instrumental in his decision-making process. Many of these fact and expert witnesses testified for the first time during the federal competency hearing.

“Today’s ruling is the result of an enormous amount of time and effort by all parties to the case. We express appreciation to our partners, the FBI, the Salt Lake City Police Department, and the Salt Lake District Attorney’s Office, for their continuing commitment to this important case.

“The next step in the case will be for Judge Kimball to set a date for the trial of the case to begin. In the federal criminal justice system, there is no appeal of the Court’s ruling today until after the conclusion of the case.”

Judge Kimball has set a scheduling conference for March 26, 2010, at 11 a.m. to set a trial date and pre-trial motion deadlines.

Defendants charged in federal indictments are presumed innocent unless or until proven guilty in court.