Charges Stand Against Elizabeth Smart Kidnapper

A Utah judge has turned down a motion by the defense to dismiss kidnapping and sexual abuse charges against the man accused of kidnapping Elizabeth Smart. Judge Judith Atherton declined to dismiss charges against Brian David Mitchell.

Previously, Judge Atherton declared Mitchell incompetent to stand trial in the 2002 kidnapping.

Last year, Judge Atherton ruled that Mitchell did not meet the criteria to make him eligible for forced medication to make him competent. She ruled that the prosecution's experts did not convince the court that the medications would work.

Because Mitchell is incompetent and because he cannot be forced to take medication, his defense attorneys filed a motion claiming the charges should be dismissed. They said to keep him under the charges violated his constitutional right against cruel punishment. A Fereral evaluation is pending.