Prosecutors preparing for self-proclaimed street preacher Brian David Mitchell's upcoming competency hearing in federal court say his religious views do not make him incompetent to stand trial. Mitchell has twice been found incompetent for trial in state court. Mitchell and his estranged wife were found with Elizabeth Smart nine months after she disappeared from her Salt Lake City home.
Prosecutors also contend that defense expert witnesses used in Mitchell's state court competency hearing "seriously misjudged and misunderstood the content and context of (Mitchell's) religious thinking and writing," according to court documents. The government's key forensic psychology expert witness, Dr. Michael Welner is expected to testify that according to staff members at the Utah State Hospital, Mtichell was "unique among the patients in that he was extremely high functioning and that he displayed a clear grasp of his legal situation.
Excerpted from deseretnews.com.
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