SALT LAKE CITY – For the third time since his arrest in 2003, a court will hold a competency hearing for the man charged in the 2002 abduction of Elizabeth Smart.
The 10-day hearing for Brian David Mitchell begins Monday in Utah's U.S. District Court.
U.S. District Judge Dale Kimball will ultimately decide whether the 56-year-old former street preacher is competent to stand trial.
The hearing will be Mitchell's first in federal court. In state court, he was twice found incompetent for trial.
Mitchell was indicted by a federal grand jury in 2008 on charges of kidnapping and unlawful transportation of a minor.
Federal prosecutors contend Mitchell is faking psychiatric symptoms in order to avoid prosecution.
Smart was 14 in 2002 when she was taken from her home at knifepoint. She was found nine months later.