A psychiatrist will be allowed to say self-proclaimed prophet Brian David Mitchell is faking psychological symptoms to dodge responsibility for his crimes, including the Elizabeth Smart abduction.
Defense attorneys had argued that a report by psychiatrist Michael Welner that claims Mitchell is malingering "is a piece of advocacy," rather than an objective evaluation of his fitness to go to trial. But U.S. District Judge Dale Kimball ruled Monday his testimony "is the product of reliable principles and methods" and may be used at Mitchell's competency hearing.
Kimball also ruled that two religion experts -- Richard Forbes, a retired police officer who has studied cults and taught a class on the subject at Salt Lake Community College, and Daniel Peterson, a professor of Islamic studies and Arabic at Brigham Young University -- can testify at the competency hearing, which begins Nov. 30. The two say psychologists who found Mitchell mentally incompetent "seriously misjudged" his religious thinking.
In addition, the judge said lay witnesses, such as Mitchell's former neighbors, can testify, but added he expects their testimony to be limited and brief. He earlier ruled that Smart could testify about her abduction and nine months of captivity; she gave her testimony early, on Oct. 1, to accommodate plans to take language training for a mission to Paris for The Church of Jesus Christ of Latter-day Saints.
Defense lawyers contend Forbes and Peterson are not qualified to testify whether Mitchell shows signs of mental illness or delusion in his writings. And they object to testimony from lay witnesses on his state of mind.
Mitchell is charged with abducting Smart in 2002 and taking her to California with the intent to have sex.
