Smart Hearing

By: Associated Press
By: Associated Press

The man accused of kidnapping Elizabeth Smart has been removed from his competency hearing for singing, twice.

Brian David Mitchell was removed the first time this morning for singing, "Who's on the Lord's side?"

A Salt Lake City judge wanted the hearing to go on without Mitchell in the courtroom, but the defense objected and Mitchell was allowed to return.

As the judge was explaining to Mitchell his constitutional right to be in the courtroom, he drowned her out by singing, "Repent for the kingdom of heaven's at hand."

The hearing continued without Mitchell present, although the judge is taking frequent recesses so Mitchell's lawyers can update their client.

In Mitchell's absence, a California psychologist has testified for the defense that the drifter and self-proclaimed prophet is incompetent to stand trial.

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