Brian and Mitchell 's attorneys say the trial should be postponed . Mitchell is set to stand trial November 1 . A judge ruled earlier this year that Mitchell is competent to stand trial . Mitchell , 56 , is scheduled to stand trial November 1 on charges of kidnapping then-14-year-old Smart in June 2002 and transporting her across state lines for improper purposes . His wife is cooperating with prosecutors .
Brian and Mitchell 's attorneys say the trial should be postponed . Mitchell is set to stand trial November 1 . A judge ruled earlier this year that Mitchell is competent to stand trial . His wife is cooperating with prosecutors .