Psychiatrist says Mitchell is 'definitely competent'

Dr. Noel Gardner calls it a "clear and simple case."

"Mr. Mitchell is definitely competent and meets every standard of competency in this case," he said.

Gardner took the witness stand for 5 1/2 hours Thursday on the fourth day of a federal hearing to determine whether Brian David Mitchell is competent to stand trial in the kidnapping of Elizabeth Smart.

A veteran forensic psychiatrist and director of South Valley Mental Health, Gardner evaluated the former street preacher for his state court proceedings in 2004 and found him competent to stand trial. Based on the new information provided since that hearing, Gardner said his conclusion of competence is even stronger than before.

"There are aspects that have been fleshed out and provided clarity that are nothing short of extraordinary," he said. "It is impossible to think and function the way Mr. Mitchell has over time (and have a mental disorder)."

In his latest report, Gardner lists six reasons why he believes Mitchell is competent. Gardner said Mitchell:

 Meets every legal requirement of competency, regardless of whether he has a psychotic disorder;

 Does not now, nor has ever, had a psychotic mental illness;

 Is not genuine in his religious devotion; he repeatedly turns his religious persona on and off in a self-serving manner;

 Does not meet the criteria for schizophrenia or having a delusional disorder;

 Has, at best, a severe, malignant narcissistic personality disorder with antisocial features;

 Selectively refuses to participate in court proceedings and can turn his singing on and off, which should not be confused with a mental disorder.

Gardner was in the courtroom in October when Elizabeth Smart delivered her testimony. As has been the case for several years, Mitchell sang as he was led into the courtroom and was eventually removed when he refused to stop. But Gardner noted that Mitchell stopped singing a couple of feet from the door as he was being led out. And despite a full courtroom, he was still able to sing in front of everyone.

Gardner called it the "ultimate psychotic stress test."

Also during his testimony Thursday, Gardner said he did not believe Mitchell is pre-occupied with his religious beliefs, a common element of having a psychotic disorder, and is able to turn his religious persona on and off at will, depending on whether the situation benefits him. What Mitchell seems to like about religion, according to Gardner, is the power that being a religious authority carries.

The first time Gardner met with Mitchell following Mitchell's arrest in 2003, Mitchell stared at Gardner the entire time without saying a word.