Smart case competency hearing begins second week
APNews
Dec 06, 2009
A psychiatrist is expected in federal court Monday to discuss the religious writings of Elizabeth Smart's alleged abductor, a self-proclaimed prophet who is said to have claimed in his work that she went with him willingly as a young girl and with the permission of her parents.
Brian David Mitchell drafted the "Book of Immanuel David Isaiah II" after his arrest and interrogations by police in March 2003, according to Dr. Michael Welner, of New York. In the work, Mitchell addresses the charges levied against him and writes that no weapons or violence were used when Smart was taken from her home in June 2002.
"He clothes his defense in a religious document," Welner said Friday in U.S. District Court. "But it's advocacy, he's making his best argument."
Welner has been paid $500,000 to evaluate Mitchell for federal prosecutors. A 10-day hearing is being held in Salt Lake City to determine whether Mitchell, 56, is competent to stand trial. The competency hearing enters its second week Monday.
Welner said the "Book of Immanuel David Isaiah II" is an addendum to a 27-page manifesto written a few months before Smart's abduction.
That tome, the "Book of Immanuel David Isaiah," outlines Mitchell's beliefs, drawing heavily from the Bible and the Book of Mormon, while also including ideas from a New Age spiritualist, a lymphologist and other writers.
Mitchell, who claimed in his first book that God had made him head of The Church of Jesus Christ of Latter-day Saints, was indicted in March 2008 by a federal grand jury on charges of kidnapping and unlawful transportation of a minor across state lines.
If ever convicted, he could spend the rest of his life in a federal prison.
The competency decision rests with U.S. District Judge Dale Kimball.
Utah's U.S. attorney's office contends that Mitchell is competent _ a conclusion his federal public defenders dispute.
The defense is expected to begin its rebuttal of the case Tuesday. Defense attorneys plan only to call about five witnesses _ all psychologists or psychiatrists who have evaluated or treated Mitchell. The experts include Dr. Jennifer Skeem, an associate professor of psychology and social behavior from the University of California-Irvine. In 2004, she diagnosed Mitchell with a rare delusional disorder during competency proceedings for a state case.
Skeem said Mitchell believed he would be held in jail for seven years until a day of judgment when he would be rescued by God and reunited with Smart and his now-estranged wife, Wanda Eileen Barzee. Last month, Barzee pleaded guilty to charges in the federal case.