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Updated Jan. 6, 2005, 2:28 p.m. ET

Accused Smart kidnapper sings in court again, causing delay

SALT LAKE CITY (AP) — The drifter and self-proclaimed prophet accused of kidnapping Elizabeth Smart delayed his competency hearing Thursday when he refused to come to the courthouse.

After he did arrive about 90 minutes late, Brian David Mitchell was kicked out of the proceedings for singing a Bible verse, "Repent for the kingdom of Heaven's at hand."

The hearing continued without him, but was later rescheduled for Feb. 15.

Mitchell, 51, and his wife, Wanda Barzee, 59, are charged with kidnapping, aggravated sexual assault, aggravated burglary and attempted aggravated kidnapping in the 2002 abduction. He's also charged in the attempted abduction of Elizabeth's cousin seven weeks after Elizabeth's kidnapping.


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Thursday marked the start of a second round of mental competency hearings for Mitchell. In August, Judge Judith Atherton ruled he was competent to stand trial after the defense waived a scheduled three-day preliminary hearing.

But Atherton ordered new competency hearings for Mitchell in December after the former street preacher began singing a Christmas hymn during a court appearance — setting up this week's hearing.

If found he is found competent, Mitchell is scheduled to stand trial Feb. 1.

Earlier Thursday, Atherton ruled that the competency hearings would be open to the public, rejecting defense motions.

Barzee has been declared incompetent for trial and is being treated at a state mental health facility. She has filed for divorce from Mitchell.

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