Doctor: Man charged in Smart case is competent

SALT LAKE CITY, UT Dr. Noel Gardner evaluated 56-year-old Brian David Mitchell in 2003 as part of a state case against him.

Gardner testified Thursday in U.S. District Court as part of a federal case against Mitchell, saying he never had a psychotic mental illness.

The hearing is intended to determine if Mitchell can stand trial on federal charges of kidnapping and unlawful transportation of a minor across state lines.

Mitchell's defense attorneys say Mitchell is incompetent to aid his defense.

Mitchell was twice deemed incompetent for trial in a state criminal case.

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