Mitchell removed from courtroom as competency hearing resumes

Published: Thursday, July 7 2005 3:09 p.m. MDT

The man charged with kidnapping teenager Elizabeth Smart has a history of psychosis that runs in his family, refuses to speak with his lawyers or put up a defense and is incompetent to stand trial, a defense expert testified Thursday.

Brian David Mitchell is consumed by "messianic delusions" and wants to be crucified at trial so he can move to his next phase of life, when he believes God will rescue him from jail, University of California-Irvine assistant professor Jennifer Skeem said when Mitchell's competency hearing resumed Thursday.

"He has no options, based on his delusions. He must be martyred," she said.

Mitchell was kicked out of court at the start of Thursday's hearing after shouting a biblical admonition: "Thus sayeth the Lord God Almighty: Except ye repent, ye shall be smitten even unto destruction by war, famine, pestilence, upheaval, tempest, fire, sword ...."

It was the seventh time he has been removed for disruptive behavior.

Mitchell's competency hearings were to end later Thursday after cross-examination of Skeem and arguments by prosecutors and defense lawyers, Judge Judith Atherton said.

The prosecution's expert, psychiatrist Noel Gardner, has diagnosed Mitchell as a narcissistic capable of withstanding trial despite "outrageous and bizarre" outbursts.

Skeem said Mitchell showed paranoia as a child, functioned for a time as a young adult but "crashed spectacularly" when he took on the trappings of a street preacher. He has a family history of mental disorder, she said.

Mitchell, 51, is accused of kidnapping then-14-year-old Elizabeth Smart from her bedroom in 2002, sexually assaulting her and keeping her as his second wife.

In March 2003, Elizabeth was found on a street with Mitchell and his wife Wanda Barzee, who were both charged in the abduction. Barzee was found incompetent to stand trial.

Mitchell and Barzee, 59, were charged with kidnapping, aggravated sexual assault, aggravated burglary and attempted aggravated kidnapping. He also is charged in the attempted abduction of Elizabeth's cousin.

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