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SALT LAKE CITY — The defense rested its case Thursday in the trial for Brian David Mitchell. Its last witness, another medical expert, spent most of the court day on the witness stand.
Dr. Richart DeMier,who examined Brian David Mitchell after his arrest, testified Thursday that the self-proclaimed prophet suffers from bizarre delusions.
DeMier met with Mitchell at the federal prison in Springfield, Mo., when Mitchell was first transferred into federal custody and an initial competency evaluation was ordered. During the competency hearing in 2009, DeMier said he believed Mitchell had paranoid schizophrenia.
He explained in court that this diagnosis was based partially on his belief that Mitchell suffers from bizarre delusions, which are generally characterized to be delusions involving something that is nearly impossible. DeMier pointed to Mitchell's beliefs as an example of these delusions.
"Nobody believes that it is possible for Brian Mitchell to be the Davidic king," DeMier said.
DeMier said Mitchell's delusions are both "grandiose" and "paranoid" and differed from extreme religious beliefs because, typically, those with extreme religious beliefs have some sort of following. He pointed out that beyond Mitchell's estranged wife, Wanda Barzee, no one seemed to adhere to Mitchell's religious views.
He said that those with delusions are often capable planners and can talk about things outside of their delusions, but are often preoccupied in their thoughts. He said he found Mitchell to be intelligent and a good planner and noted that Mitchell had learned to keep many of his beliefs to himself.
"He learned there was no use talking about his beliefs all the time," DeMier said.
In addition to Mitchell's delusions, DeMier said "the family history of mental illness just cannot be ignored," when it came to Mitchell's diagnosis. Mitchell's grandfather was institutionalized for paranoid schizophrenia and though Mitchell's father was never officially diagnosed with a mental illness, his one thousand page tome has been described as very disorganized and rambling.
DeMier said people with the disorder can function as a normal person, even be resourceful and carry out a plan.
During cross-examination, prosecutors pointed out DeMier didn't interview anyone else for his evaluation, not Elizabeth or Wanda Barzee. DeMier also acknoweldged he was evaluating Mitchell's mental state in 2008, and couldn't say whether he was insane at the time of the crime.
But defense attorneys aren't so concerned about that.
Defender Wendy Lewis said, "The issue that the experts can speak to is whether or not he's mentally ill, and that's up to the jury to decide factually if that reaches the level of being insane."
Rebuttal witnesses
The prosecution began calling its rebuttal witnesess Thursday.
The trial will continue Friday with testimony from Dr. Daniel Peterson, a Professor of Islamic Studies and Arabic at BYU. He analyzed the Book of Immanuel David Isaiah.
The case is expected to go to the jury next week.
Earlier in the trial
Wednesday, Smart stormed out of the courtroom when Dr. Paul Whitehead, the clinical director of the forensic unit at the Utah State Hospital, testified that part of Mitchell's alleged motive was to get Smart pregnant. Mitchell and his wife Wanda Barzee reportedly stole baby clothes from local stores, and he talked about babies so much that Smart, who was chastised for nine months for not wanting a baby, had a name picked out should she become pregnant.
After Whitehead talked about Smart having a name picked out, she stood up from the front row of the gallery and angrily walked out of the courtroom.
During cross-examination, prosecutors noted that much of the source of the baby information came from Barzee's journal, and Barzee, by all accounts, was mentally ill during the nine months Smart was abducted.
The U.S. government is expected to then start calling rebuttal witnesses. The prosecution's rebuttal is expected to last about five days.
Among those expected to testify for the prosecution is Dr. Michael Welner, a renowned forensic psychiatrist from New York City whose comprehensive report on Mitchell combined with his testimony during the competency hearing was credited (in addition to Smart's testimony) as being the key to Mitchell being found competent to stand trial.
Also expected to testify is Dr. Noel Gardner who has testified in each of Mitchell's state and federal competency hearings. During Mitchell's federal competency hearing, U.S. District Judge Dale Kimball wrote in his decision finding Mitchell competent to stand trial, that he found Welner and Gardner "substantially more persuasive and credible than the testimony of the other mental health evaluators."
One person who was on the defense witness list who has not been called to the stand is John Perry Chaney.
In 1997, Chaney was convicted on three first-degree felony rape charges for performing a marriage ceremony in 1993 between his 13-year-old daughter and a 48-year-old friend. Chaney himself married a 14-year-old girl and fathered a child with her in 1996. He was sentenced to five-years-to-life in prison.
Chaney claimed the wedding was a religious act ordered by God and that the state had no jurisdiction in the establishment of religion. He called his trial bogus, said that his due process was violated and that the charges against him were fabricated. He claimed the judicial system in Utah has no authority over him because he has not volunteered to be a citizen of the United States.
During sentencing, Chaney called Utah a "stink hole" and his followers tried to have the judge arrested.
Although he has not been identified directly in court, the defense has mentioned several times that while Mitchell was at the Utah State Hospital between 2005 and 2008, he befriended a man who also had strong extreme views and had already been sentenced to prison for child rape. It was mentioned during the competency hearing that the man's name was "John."
Whitehead said Mitchell thought of this patient as a prophet and dramatically changed his mannerisms and even his appearance because of him.
