Smart storms out of courtroom during witness testimony


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SALT LAKE CITY -- A visibly upset Elizabeth Smart stormed out of the courtroom Wednesday after a witness testified that she had picked out a name for a baby should she become pregnant during the time she was kidnapped.

The topic of the testimony was something that had not been discussed in any previous court hearings for Brian David Mitchell, who is on trial for kidnapping and raping Smart.

Dr. Paul Whitehead, the clinical director of the forensic unit at the Utah State Hospital, was referring to information he'd gathered from Mitchell's wife Wanda Barzee's journal and from police reports. He said part of Mitchell's motive for wanting to marry many women was for reproduction purposes.

Whitehead said Smart was chastised during the nine months of her abduction for not wanting to have children. Mitchell apparently talked to Smart about being reunited with her parents in 10 years time and introducing them to a 10-year-old son or daughter.

"Mitchell was talking to Miss Smart about having babies to the point that Smart actually picked out a name if that happened," Whitehead testified.

It was at that point Smart looked at her family in disbelief, then angrily stormed out of the courtroom and did not return. Her mother, Lois Smart, followed her outside. Previously, her father Ed Smart left the courtroom during Whitehead's testimony; he was not present when his daughter left the room.

Just after Smart left, Whitehead apologized, saying he knew that was a sensitive subject for her.

Whitehead also said that at one point during the kidnapping, Mitchell and Barzee had been picking out baby clothes, which they had stolen from Kmart.

During cross-examination, Whitehead acknowledged that some of Barzee's writings are inaccurate. Prosecutors also recalled testimony where Smart told Mitchell she was just a girl who hadn't reached puberty.

When Whitehead got off the witness stand, he approached the Smarts. A visibly angry Elizabeth Smart said something to him and Whitehead walked away.

Psychiatrist testifies Mitchell suffers from disorder

Whitehead said he believes Mitchell suffers from a delusional disorder. While mentioning the red flags that accompany people with such a disorder, the director said it was unusual for someone to have his first felony sex offense when he's 50 years old.

He acknowledged that while there have been allegations of sexual abuse and unusual sexual behavior with Mitchell earlier, he questioned why Mitchell would change his behavior if such behavior had gone largely unnoticed before.

That's when Ed Smart left the courtroom. He later returned.

All of the Smart family returned back in the courthouse about 25 minutes after Elizabeth Smart had first left.

But the feelings apparently had not subsided. A couple of hours later, after Whitehead ended his testimony and court was adjourned for the day, Whitehead walked over to the Smart family in the courtroom. He briefly began talking to Ed Smart when a visibly angry Elizabeth Smart turned and said something to Whitehead, who immediately turned around and walked away.

Whitehead called Mitchell and Barzee a "toxic couple." He said the "slow warming of events" that ultimately led to their crimes began in the early 1990s when they began feeding off of each other's mental illnesses.

Whitehead also testified that he doesn't believe Mitchell is a manipulator. He said the kidnapping and sexual abuses were high-risk crimes with a low likelihood of success.

"I wasn't impressed personally with his alibis," Whitehead said, referring to Mitchell's previous encounters with police officers and his ability to talk his way out of getting into trouble.

"He has this 100 mph fast ball with religion, but if you don't swing at it, he misses. His fast ball is rarely over the plate, anyway," Whitehead said.

"I know he's seemed to be this master manipulator. I'm just not seeing it on the police reports," he said.

When referring to Mitchell's delusional disorder, Whitehead said, "I thought he routinely confused coincidence with confidence that God is providing for him."

He thought Mitchell has poor judgments.

Trial resumes following Mitchell's seizure

Mitchell's trial resumed as normal Wednesday just one day after Mitchell suffered what appeared to be a seizure in court.

Mitchell entered the courtroom just before 8:30 a.m. singing, as is his custom, with his eyes closed and hands clasped. He proceeded to work his way through a catalog of Christmas carols while slowly rocking back and forth in his chair at the defense table.

U.S. District Judge Dale Kimball entered the courtroom and called in the jury. Almost as soon as the jury was seated, Kimball told Mitchell he would waive his constitutional right to be present in the courtroom if Mitchell proceeded to sing. When Mitchell continued in song, he was escorted to a nearby annex where he can see and hear the proceedings in court.

Just as court was starting Tuesday, Mitchell suffered what most courtroom observers believe was a seizure and had to be rushed to a local hospital.

By Tuesday afternoon, Mitchell was back in his holding cell at the Salt Lake County Jail and the defense informed the court they would be prepared to go as normal on Wednesday.

The jury was not in the courtroom when Mitchell's apparent seizure happened Tuesday and were only told by U.S. District Judge Dale Kimball that "an issue" had come up and they were excused for the day.

It was unclear whether the jury would be informed of what happened.

The defense is expected to rest their case Thursday, barring any further trial delays.

Prosecutors said they expected to have about five days of rebuttal testimony. Both sides believed the trial could still be finished by Dec. 10.

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Story written with contributions from Pat Reavy, Andrew Adams, Emiley Morgan and Sandra Yi.

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