Mitchell seeks to block witnesses
Saying extreme religious beliefs cannot be a measure of whether a person is delusional, attorneys for Brian David Mitchell tried Monday to have two religious experts blocked from testifying at the accused kidnapper's upcoming competency hearing.
"The evidence is irrelevant to Mr. Mitchell's competence," defense attorney Audrey James said.
A federal judge listened to arguments regarding three motions filed by Mitchell, accused of kidnapping Elizabeth Smart, to have people excluded from testifying at his competency hearing when it resumes Nov. 30.
The motions aim to exclude Dr. Michael Welner from testifying; the writings of polygamist leader Ervil LeBaron, and testimony from Richard Forbes and Daniel Peterson; and the testimony of all lay witnesses.
LeBaron was the head of a polygamous cult believed to be responsible for murders in Utah and several other states who was never found incompetent to stand trial. Forbes is a former head investigator for the Salt Lake County Attorney's Office and helped lead the murder investigation and subsequent conviction of LeBaron. Peterson is a local college religion professor.
Forbes is expected to testify that Mitchell's book, "The Book of Immanuel David Isaiah," is similar to LeBaron's "The Book of the New Covenant." His testimony, combined with Peterson's, will show that Mitchell's religious beliefs are grandiose, but not delusional, according to prosecutors.
"While it's certainly grandiose, it's not out there somewhere," argued Assistant U.S. Attorney Richard Lambert.
Prosecutors say "The Book of Immanuel" is well-thought-out and organized. And because Mitchell won't talk to mental health evaluators, they need to use other tools to determine his competency.
"If he is delusional, if he's just completely out in left field, that's where we're going to find it," Lambert said.
But the defense counters that it's possible for a person to have a delusion but not be functionally impaired.
James said any similarities between Mitchell and LeBaron are irrelevant.
"A nexus between Mr. Mitchell and Mr. LeBaron doesn't exist," she said.
Forbes and Peterson are not mental health experts and not qualified to say if Mitchell has a mental illness, the defense argued in court.
Welner, a renowned forensic psychiatrist from New York City, is expected to be the government's key witness. His 206-page report is believed to be the most extensive study of Mitchell to date, and states he is competent to stand trial.
But defense attorneys are critical of Welner's report, saying it "is just flat wrong."
Recent comments
Mr. Mitchell is not delusional and MUST be held accountable for his...
Ang | Nov. 10, 2009 at 2:17 p.m.
Don't mess around with due process. It is the backbone of the US...
@ all comments preceding this on | Nov. 10, 2009 at 11:50 a.m.
What police or court records exist from Mitchel's arrest and time in...
Just wondering | Nov. 10, 2009 at 8:32 a.m.
- George lost in rivalry hatefest 1:33 a.m.
- Paul returns after being out 1:04 a.m.
- Nets finally win 1:04 a.m.
- Olympus downs Box Elder 1:03 a.m.
- Saint Mary's next for Aggies 1:03 a.m.
- Cougars look to bounce back 1:03 a.m.
- Battle goes to PG's Hamson 1:03 a.m.
- Snow hopes to snap bowl game skid 1:03 a.m.
- U.S. gets favorable World Cup draw 1:03 a.m.
- Utah's Wynn healing up 1:03 a.m.
- Ed Smart 'appalled' at testimony
- Mr. Football 2009: Tuni Kanuch
- 5A high school football All-State
- Miller predicted Tiger's rough road
- 4A high school football: All-State
- Utah Jazz going green with unis
- Harpring's NBA career is over
- Nutty Putty Cave to be sealed today
- MVPs wrap up stellar prep careers
- Jazz: Miles, Kirilenko to play Friday
- Hall reprimanded by MWC
410 - Why is Y. ignoring spew of hatred?
294 - BYU says Hall incident resolved
247 - Letters: Liberal because LDS
237 - 2 citations issued at Y.-U. game
189 - Hate not limited to 1 in-state rivalry
184 - Aggies shoot past Cougars
179 - Max Hall: a fixture in rivalry lore
118 - N.Y. Senate rejects gay marriage
118 - Unbeaten BYU takes trip to Logan
104
Trolley Square's annual Holiday Open House will feature visits with...
That does it — I'm having an affair! Thanks to Tiger Woods, David...
First, a big thank you to all who posted questions here for me to ask...
and they are correct. Good grief.
In the wake of a great, competitive game all people can talk about is Max...
For those who keep saying there are other places where you can go "to...
Boozer is just doing and showing what he has always had, Talent! As long as...
Condolences to the LeBaron family! He was the mission Pres in South Africa...
I've enjoyed reading Dick Harmon's articles through the years. An enduring...
I think we have found our stride. But we need to bring in one more player to...
to make a move until nearer the deadline. You can't get the best player until...
"If this team had an interior Defense for 48 minutes they would contend. "...
What have you done for me lately, Boozer? Well, lately Boozer has been...



