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SALT LAKE CITY -- The prosecution in the federal trial of Brian David Mitchell, accused of kidnapping Elizabeth Smart, called its final witness Wednesday, a forensic psychiatrist who interviewed both Mitchell and Smart.
Welner, a renowned forensic psychiatrist from New York City, has compiled what is believed to be the most extensive study of Mitchell to date. His 206-page report lists 210 sources of information, including interviews with Smart and Mitchell's convicted estranged wife, Wanda Barzee.
Welner also made news last year for confirming that he billed the U.S. Attorney's Office $500,000 for his report. He said he worked more than 1,600 hours compiling it.
Welner is the last of the prosecutions rebuttal witness expected to testify that Mitchell does not suffer from a mental illness, but rather pedophilia, anti-social personality disorder and narcissistic personality disorder. He called Mitchell during last year's competency hearing nothing more than a "street performer."
Defense witnesses have testified that Mitchell suffers from mental illness, but Welner said in court that to know Brian David Mitchell is to be fooled by Brian David Mitchell. He is a pedophile and psychopath, Welner said, but not mentally ill.
"I felt that the evidence was very strong, particularly for pedophilia, and that's how the testimony should be focused," he said outside of court after his day of testimony.
Expert details interviews with Mitchell
Smart was among the 58 people Welner interviewed for his report. He testified that Smart had more of an opportunity to interact with Mitchell during the nine months she was with Mitchell than anyone else to observe him when his "guard was down."
"It was a unique and invaluable opportunity to learn from someone who spent so much time day-to-day with Brian Mitchell," Welner said.
His first interview with Mitchell began with Mitchell closing his eyes, folding his arms and singing. Welner said he pulled out his laptop and began doing other work but was interrupted with Mitchell shouting, "Repent, repent for the kingdom of heaven is at hand."
Welner said he found the outburst informative because of how effective it was in setting boundaries between the two.
Prosecutors showed the court a video of an interview Dr. Michael Welner had with Mitchell in April 2009 where a video-taped interview between Smart and the FBI was played on a television. At first Mitchell has his back to the television, his eyes closed and his arms folded. But when Smart's voice is heard responding to questions from the FBI, Mitchell turns around and moves closer and closer to the television, listening intently.
"I was particularly struck by how close he was to the TV and he moved closer," Welner testified. "He was very attentive."
After a break, Mitchell was brought back to continue the interview. That was when Welner played the interview between Smart and the FBI, which occurred a few days after Smart was found with Mitchell and his estranged wife Wanda Barzee walking along State Street in Sandy in 2003.
Welner testified that he didn't believe Mitchell was as forthcoming in previous interviews with others and that he recommended prosecutors interview staff at the Utah State Hospital where Mitchell has been housed.
Religious beliefs insincere, expert testifies
Welner spent a lot of time going over many examples showing why he believes Mitchell's religious beliefs were insincere. This in contrast to his explanation that a delusion is a fixed, false belief.
One example was when Mitchell was interviewed by police after his arrest, he told police that Smart came willingly. Yet he told Barzee that they needed to take her by force. Another time shortly after Smart was kidnapped, Mitchell became concerned about a police car approached the three of them. He said if it was God's will, then the police car would pass them. Yet instead of demonstrating his faith, he hid behind a bush as the car passed.
When searchers were within earshot of an area in the mountains where he first took Smart after kidnapping her, instead of using faith that God would keep the searchers from finding them, Mitchell instead threatened to kill Smart if she made a sound, Welner said.
"A "number of different aspects of his life spoke to insincerity of his faith," he said. "There is ample evidence of revelations either changing or being abandoned."
For example, Mitchell claimed to have a revelation from God that the three of them should wear robes. Yet after 9/11, Mitchell decided himself to stop wearing the robes out of fear of being viewed as a terrorist.
"If the revelations are abandoned for convenience, for profit, then the revelations themselves are not sincere," Welner explained.
He said Mitchell also used blessings as a way to control his wife and used threats and force as a way to control Smart.
As an example, Welner said Barzee felt rejected when Mitchell repeatedly raped Smart. Mitchell gave his wife a blessing, appealing to her spirituality. Barzee, Welner said, showed her faith by showing how obedient she could be to revelations and blessings. Mitchell, however, felt he could disobey revelations.
"Brian David Mitchell could always repent. For Wanda, if she disobeyed a revelation, she could be eternally damned, There was no coming back," Welner said.
Case to wrap up this week
Defense attorneys don't dispute that Smart was kidnapped in 2002 and held captive when she was 14 but contend Mitchell is mentally ill and can't be held responsible.
The month-long trial is expected to go to the jury by Friday.
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Story compiled with contributions from Pat Reavy and Sandra Yi.
