A forensic psychiatrist who concluded that Brian David Mitchell is not delusional and is faking psychological symptoms to avoid prosecution in the Elizabeth Smart abduction should not be allowed to testify at a mental competency hearing, defense attorneys say.
In a brief filed Thursday, the lawyers contend a report by New York City-based psychiatrist Michael Welner "is a piece of advocacy," rather than an objective evaluation of Mitchell's fitness to go to trial.
Among the alleged shortcomings in the report are the failure to discuss contrary opinions from Mitchell's treating physician at the Utah State Hospital and the assumption that the self-proclaimed prophet's singing during court appearance is evidence of manipulation, rather than religious belief.
In addition, Welner relies on an uncorroborated account that Mitchell stopped speaking with doctors after learning another patient was found competent to stand trial based on his conversations with staff members, according to the brief. It says hospital records show Mitchell's periods of silence began about a week after his admission in August 2005 and that there was no "dramatic triggering event."
Mitchell is charged with abducting Smart in 2002 and taking her to California with the intent to have sex.
On Monday, U.S. District Judge Dale Kimball will hear arguments on which witnesses will be allowed to testify at the competency hearing, which begins Nov. 30.
Mitchell has refused to submit to psychological evaluations and diagnostic tests, according to a government brief. The brief says that based on their meetings with Mitchell or review of reports, Welner and another psychiatrist believe he is mentally competent, but three psychologists believe he is incompetent.
Welner had been paid about $395,000 as of July 2009, according to an e-mail from the U.S. Attorney's Office, which was attached to the defense brief. The defense stressed that it is not suggesting the doctor was paid for the result of his report.
