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Author Topic: Mitchell slated for epic competency heaing (Elizabeth Smart case)  (Read 506 times)

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Offline CZBZ

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Mitchell slated for epic competency heaing (Elizabeth Smart case)
« on: September 04, 2009, 12:59:40 PM »
Dear all,

I found this entry on a very interesting blog that some of you might like to read. It's written by a forensic psychologist named Karen Franklin, Ph.D. O heck, let me just copy what she writes about herself:

"Dr. Franklin is a forensic psychologist in Northern California and an adjunct professor at Alliant International University. She is a former criminal investigator and legal affairs reporter. This blog highlights news and commentary relevant to forensic psychology, criminology, and psychology-law. If you find the information useful, you are invited to subscribe to the daily email newsletter."

Check out her blog and if you're interested, sign up for her daily email. If you click the link below, you can retrieve the following article including images of both Mitchell and Wanda Barzee.  The couple that colluded in capturing Elizabeth Smart of Utah back in 2002.

Hugs,
CZ




In The News

Forensic Psychology, Criminology, and psychology-law



Tuesday, September 1, 2009


Mitchell slated for epic competency hearing

by Karen Franklin, Ph.D


In what is shaping up as one of the longest and most intricate competency hearings in history, Brian David Mitchell has finally been slated for a hearing in late November that is expected to last 10 days.

Mitchell, you will recall, is accused of kidnapping Elizabeth Smart of Utah back in 2002. A self-proclaimed prophet, he allegedly planned to make her one of his wives. (Unlike Jaycee Lee Dugard, who was held hostage for 18 years and bore two children with her abductor, Ms. Smart was held captive for only nine months and reportedly readjusted well.) Wanda Eileen Barzee, Mitchell's estranged wife and codefendant, was found incompetent about five years ago and has been at the Utah State Hospital ever since; no date has been set for her competency hearing.

Prosecutors and defense attorneys are sparring over who will testify at the upcoming hearing.

The prosecution submitted a list of 39 witnesses. It included expert witnesses, police officers, and staff members at the Utah State Hospital, as well as "former friends, acquaintances, co-workers, ecclesiastical leaders and family members," according to a story in the Deseret (Utah) News.

Defense attorneys contend that many of these witnesses should be excluded because they do not have any information about Mitchell’s current state of mind. The relevant time frames in a competency determination are the present and short-term future, not the distant past.

Dr. Michael Welner, a forensic psychiatrist from New York City, is expected to be the star witness for the prosecution.

Welner is a renowned expert who has testified in a number of high-profile criminal cases. An associate professor at NYU School of Medicine and an adjunct professor at Duquesne University Law School in Pennsylvania, in 1996 he founded a monthly periodical, the Forensic Echo. Two years later, he founded what is billed as the first forensic peer-review consultation practice, The Forensic Panel. In a procedure designed to minimize examiner bias, panel members must expose their work to the scrutiny of peers to minimize examiner bias. One of his more controversial creations is the "Depravity Scale," which attempts to quantify evil. Welner is also a frequent media commentator.

In his "voluminous" report, Welner reportedly opines that Mitchell may meet criteria for narcissistic personality disorder or other personality disorders. Typically, as opposed to severe psychotic disorders such as schizophrenia, the personality disorders are not deemed severe enough to make a person incompetent to stand trial.

For further reading, I highly recommend Judge Judith Atherton's 2005 competency opinion in the case, a thoughtful analysis of competency as it pertains to religiosity. Evaluations by esteemed forensic psychologists Jennifer Skeem and Stephen Golding and psychiatrist Noel Gardner are discussed. I have made it available HERE.


*     *     *


Deseret News Article referenced in Franklin's comments: Mitchell attorneys want fewer witnesses

"...Mitchell, along with his estranged wife and co-defendant, Wanda Barzee, were arrested in 2003 for allegedly kidnapping Smart and taking her to California before returning to Utah, where they were caught nine months later. Barzee was ruled to be incompetent to stand trial in state court and ordered to undergo involuntary medication.
Mitchell was given two competency hearings in the state court system. He was ruled competent to stand trial in 2004, but following a series of outbursts in consecutive court hearings that would become a trademark of all his future hearings, Mitchell was given a second competency hearing in state court and was found to be incompetent to stand trial in 2006. A judge ruled, however, that Mitchell did not meet the criteria for forced medication.

Mitchell was scheduled to be back in court for a scheduling conference Monday."








“The moment a woman comes home to herself, the moment she knows that she has become a person of influence, an artist of her life, a sculptor of her universe, a person with rights and responsibilities who is respected and recognized, the resurrection of the world begins.” ~Joan Chittister

Offline CZBZ

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Re: Mitchell slated for epic competency heaing (Elizabeth Smart case)
« Reply #1 on: October 16, 2009, 05:19:55 PM »


Mitchell may have several mental ills

By Deseret News writers and wire services

Published: Sunday, Oct. 11, 2009 10:31 p.m. MDT



Federal court papers show a forensic psychiatrist believes the man charged in the abduction of Elizabeth Smart suffers from disorders that include psychopathy, pedophilia and narcissism.

The full findings of a 206-page report by New York City-based Dr. Michael Welner have not been made public.

But details about Welner's diagnosis of Brian David Mitchell appear in a motion filed Sept. 29 by federal prosecutors who hired him as an expert in the case. Defense attorneys want to prevent Welner from testifying.

Mitchell's competency for trial in U.S. District Court is in dispute. A 10-day competency hearing is set for Nov. 30.

Mitchell's federal public defender, Robert Steele, declined to comment on the prosecution's motion Wednesday.









“The moment a woman comes home to herself, the moment she knows that she has become a person of influence, an artist of her life, a sculptor of her universe, a person with rights and responsibilities who is respected and recognized, the resurrection of the world begins.” ~Joan Chittister
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