SALT LAKE CITY, Nov. 13 (UPI) -- The man suspected of kidnapping Utah resident Elizabeth Smart several years ago should undergo a mental examination at a federal site, a magistrate has ruled.
U.S. Magistrate Samuel Alba has ordered kidnapping suspect Brian David Mitchell to be transported to a federal corrections facility where experts can determine whether Mitchell was fully competent when he allegedly kidnapped the then 14-year-old girl from her Utah home in 2002, The Salt Lake Tribune said Thursday.
The location of the ordered examination will be determined by the U.S. Bureau of Prisons.
Attorneys for the defense oppose the examination taking place outside of Utah and have also argued their client's mental competency could be determined through previous psychological records.
The 54-year-old Mitchell is one of two defendants accused of kidnapping Smart from her home in Federal Heights, Utah. The pair was allegedly found by police in March 2003 in the company of the girl.
The final decision regarding whether Mitchell is mentally competent enough to stand trial on kidnapping charges will be made by U.S. District Judge Dale Kimball, the Tribune reported.