Prosecutors doubt grounds for insanity defense for man charged in Elizabeth Smart kidnapping

Prosecutors question insanity case in Smart kidnap

SALT LAKE CITY — Federal prosecutors want a judge to decide whether defense attorneys for the man charged in the kidnapping of Elizabeth Smart have sufficient evidence to seek an insanity defense.

Defense attorneys for Brian David Mitchell said they would pursue the defense last week in a U.S. District Court filing.

In a response filed Wednesday, prosecutors contend that mental health evaluations of Mitchell may include opinions about whether he suffered from a mental disorder, but don’t conclude whether Mitchell’s ability to understand the “wrongfulness” of his acts were impaired.

Prosecutors want to discuss their concerns before U.S. District Judge Dale Kimball.

Smart was 14 in 2002 when she was taken from her home at knifepoint. She was missing for nine months.