SALT LAKE CITY – The father of Elizabeth Smart said he doubts Brian David Mitchell (search) — the man accused of breaking into his home and kidnapping his daughter — will ever be found fit enough to stand trial even though he thinks Mitchell is faking some of his mental problems.
"I don't hold any encouragement that he's going to be made competent," Ed Smart told FOX News on Wednesday. "His wife has been down there over a year and I don't think she's any more competent than she was a year ago."
Smart was reacting to a Tuesday decision by Judge Judith Atherton (search) to send Mitchell to a state hospital until he is deemed capable of standing trial. Last year the judge ruled Mitchell's wife, Wanda Barzee (search), wasn't competent to stand trial either.
Mitchell, 51, is accused of kidnapping then 14-year-old Elizabeth from her bedroom in 2002, sexually assaulting her and keeping her as his second wife for nine months. Mitchell, who describes himself as a prophet, was allegedly motivated to detain Elizabeth by a "revelation from God," according to court documents.
Atherton said Tuesday that Mitchell had symptoms of "a delusional disorder."
In August of 2004, the same judge found Mitchell competent to stand trial, but ordered a new set of hearings after he began singing in court during court proceedings. At that time the man's lawyers decided not to contest the issue, calling the move a tactical decision.
After that decision, Ed Smart said, "Elizabeth certainly felt that he was competent and knew what he was doing."
During competency hearings over the past seven months, Mitchell repeatedly shouted biblical admonitions and sang hymns, prompting him to be removed from court several times.
"I think he puts on a show," Ed Smart said. "I think that's a fake, there's no question about it. ... Why did he think he's the Almighty? There's got to be a mental problem there. Why did he think he's above the law of the land?"
When asked about Elizabeth's progress, Smart told FOX News, "I think Elizabeth is doing extremely well and she'll be able to handle testifying if it came to that. She's dating, driving, on the phone. She's really passed my expectations."
Elizabeth, now 17, told an ABC affiliate that she wants to leave Utah and play the harp at New York's Juilliard School.
"My mom wants me to stay around for a couple of years, but she wants me to do whatever I want," she said.
Mitchell and Barzee, 59, were charged with kidnapping, aggravated sexual assault, aggravated burglary and attempted aggravated kidnapping. He also was charged in the attempted abduction of Elizabeth's cousin. Barzee has filed for divorce.
Under Utah law, Mitchell will be back in court after three months for proceedings to determine whether his mental state has changed, prosecutor Bob Stott said.
Mitchell's chief public defender, Vernice S. Trease, said the judge's decision was supported by extensive court testimony.
The Associated Press contributed to this report.