Competency hearing ends despite Mitchell's outbursts

The second competency hearing for Brian David Mitchell, the man accused of kidnapping Elizabeth Smart, wrapped up Thursday following six days of testimony that began in February.

Third District Judge Judith Atherton took the case under advisement and said she would issue a written decision at a later date.

At the heart of the case is whether Mitchell is a religious zealot with grandiose narcism or just delusional.

"We have provided the court more than ample evidence that Mr. Mitchell is incompetent to proceed," defense attorney Vernice Trease said in closing arguments.

She reaffirmed the defense's contention that Mitchell's odd beliefs were not the reason he was incompetent.

"It's not what his belief is, it's how he gets there," she said.

Trease not only claimed that Drs. Jennifer L. Skeem and Stephen Golding, both defense witnesses, did more extensive research in reaching their conclusions than Dr. Noel Gardner, the prosecution's witness, but highlighted the fact that Skeem was the only examiner Mitchell granted an interview.

"Dr. Skeem had more information than any of the examiners," she said. "There's an obvious and clear difference in the scope and depth the examiners had."

Because Mitchell cannot consult with his attorneys or make rational decisions in the court proceedings against him or the potential penalties, the defense argued he did not meet the criteria for competency.

"I don't mind going to trial, but don't make us do it with a defendant that is incompetent," Trease asked Atherton.

But prosecutors contended Mitchell can make decisions regarding his courtroom conduct, and his decision has been to slow the proceedings with his courtroom antics.

Prosecutors contended in their closing arguments that Mitchell is nothing more than manipulative and calculated in his moves and competent to stand trial.

Lead prosecutor Kent Morgan, with the Salt Lake District Attorney's Office, pointed to the 2003 court hearing in San Diego where Mitchell appeared calm and was able to deceive the court with a false name. Morgan said it proved he could function in court.

"He conforms his conduct according to the consequences he anticipates," Morgan said.

He even called Mitchell a "polite" defendant in that he "waits until you finish your statement before he goes into his tirade."