Federal prosecutors say testimony by lay witnesses would reveal the true Brian David Mitchell as a liar who fakes psychological symptoms to dodge responsibility for his crimes, including the kidnapping of Elizabeth Smart.
In a brief filed Tuesday, the U.S. Attorney's Office says these witnesses -- relatives, former neighbors, employees at Utah State Hospital, people the self-proclaimed prophet befriended when he needed food or shelter and others -- should be allowed to testify at a hearing to determine if Mitchell is mentally competent to stand trial.
"Witnesses who have interacted with and observed a person with his guard down are especially helpful to a court in determining competence," the brief says.
Its says the testimony would include allegations that Mitchell molested several of the witnesses when they were children or teens, attempted to kidnap several young girls to take as wives while Smart was in captivity, discussed case strategy with another patient at the state hospital and only pretended to be preoccupied with religion.
Several witnesses at the hospital allegedly say Mitchell's "most intense interest" was the scantily clad young women in the television show "Charmed."
"Defendant watched the show for hours each day and would sit close to the television," the brief says. "Asked by staff about this, defendant did not explain his behavior religiously, but rather referred to himself as imperfect and human."
Mitchell is charged with abducting Smart and taking her to California with the intent to have sex. In a two-week hearing beginning Nov. 30 U.S. District Court Judge Dale Kimball will hear evidence on whether Mitchell can understand the charges against him and can assist in his defense.
Defense attorneys have objected to testimony from Smart and 38 other lay witnesses that give opinions on Mitchell's state of mind. Tuesday's filing by prosecutors was in response to that motion.
The lay testimony would be particularly relevant because Mitchell has refused to submit to psychological evaluations and diagnostic tests, the brief argues. Based on their meetings with Mitchell or review of reports, two psychiatrists believe he is mentally competent and three psychologists believe he is incompetent, according to the brief.
Brian David Mitchell, 55, and his wife, Wanda Eileen Barzee, 63, are accused of kidnapping Elizabeth Smart on June 5, 2002, from her Federal Heights home. They were arrested in March 2003 while walking in Sandy with the girl.
A judge in the state's 3rd District Court has ruled Mitchell cannot be forcibly medicated to try to restore his mental competency; the same judge ruled Barzee could be forcibly medicated, a process that began at the Utah State Hospital in May 2008.
The state court ruling led the U.S. Attorney's Office to begin a case against the couple. A federal grand jury issued an indictment last year charging Mitchell and Barzee with kidnapping and coercion of a minor with intent to engage in sexual activity for allegedly taking Smart from Utah to California.
Mitchell was ordered to undergo mental competency examinations at a federal facility to determine if he is competent to stand trial on the federal charges. He now is being held in a jail pending proceedings in his federal case.
Barzee has not been arraigned yet in the federal kidnapping case. State charges of kidnapping and sexual assault are still pending against her and Mitchell.
