Mitchell sings; lawyers talk

More singing and discussions about how Elizabeth Smart's accused kidnapper believes he's the modern-day Messiah who must stand trial so he can be "crucified" marked Day One of Brian David Mitchell's second competency hearing.

It was also revealed Wednesday that a plea bargain to settle the case was put on the table months ago. Mitchell, however, is now rejecting any plea bargain offers because he apparently believes that prosecutors are working for Satan and have an intense hatred of him, according to Jennifer L. Skeem, an assistant professor of psychology and social behavior at the University of California, Irvine.

The hearing in 3rd District Court was to continue today.

In order to deliver people to Zion, Mitchell believes he cannot fall into "temptation" and needs to go to trial even though he does not intend on putting up any defense, Skeem said.

"He believes he must sacrifice himself by becoming a complete martyr," Skeem said. "He believes with all his soul he will restore Zion."

Mitchell, 51, along with his co-defendant and wife, Wanda Barzee, 59, were indicted by a state grand jury Sept. 4, 2003, on charges of aggravated kidnapping, two counts of aggravated sexual assault, two counts of aggravated burglary and conspiracy to commit aggravated kidnapping after allegedly kidnapping Smart from her home in 2002.

He was initially ruled competent to stand trial Aug. 31. But following two consecutive court hearings in which Mitchell had to be escorted from the room for outbursts of songs, a second competency hearing was scheduled.

Wednesday's hearing began with another quick exit for Mitchell.

After sitting down next to his defense team, Mitchell began singing the LDS hymn "Who's on the Lord's Side?" He was escorted out of the room by bailiffs after just 15 seconds.

But in an effort to make sure Mitchell completely understood that he had a right to attend his own hearing but not to disrupt proceedings, Judge Judith Atherton brought Mitchell back into the room.

Mitchell stood while Atherton attempted to explain his rights. But her voice was drowned out by Mitchell's singing, which became increasingly loud the longer he was allowed to proceed.

This time Mitchell sang the words, "Repent for the kingdom of Heaven's at hand." He was removed from the courtroom after a little over a minute and was not seen for the rest of the day.

Skeem, a forensic psychologist, was hired by the the defense last year to do an evaluation of Mitchell and initially found him competent to stand trial. Her opinion changed, however, following a six-hour interview with Mitchell in October.