United States v. Mitchell

Citations: 706 F. Supp. 2d 1148; 2010 U.S. Dist. LEXIS 18065; 2010 WL 723729Docket: Case 2:08CR125DAK

Court: District Court, D. Utah; March 1, 2010; Federal District Court

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In the case of United States v. Brian David Mitchell, the United States District Court for the District of Utah addressed the motion to determine Mitchell's competency to stand trial for charges of kidnapping and unlawful transportation of a minor. The court conducted an evidentiary hearing over several dates in late 2009, with representation from both the United States and the defense. After reviewing the evidence, including expert evaluations from Dr. Michael Welner, Dr. Noel Gardner, and Dr. Richart DeMier, as well as legal memoranda submitted by the parties, the court established the legal framework for determining competency based on established Supreme Court standards. The standard requires that a defendant possess both a rational and factual understanding of the proceedings and the capacity to consult with counsel. The court recognized that while Mitchell demonstrated a factual understanding, the critical question was whether he had a rational understanding and the ability to engage with his counsel appropriately. The court emphasized that competency determinations are factual rather than legal and can consider medical opinions and the court's own observations of the defendant.

A district court can determine a defendant's competency by favoring one expert's findings over another's, supported by lay witness testimony about the defendant's rational behavior and cross-examination of the defendant's expert. Lay witness testimony is particularly important when there are indications of malingering. In several cases, courts have affirmed competency findings based on long-term observations from lay witnesses rather than brief expert evaluations. In this case, the defense sought to exclude various testimonies and reports but the court, after reviewing the evidence during the competency hearing, found the lay witness testimony relevant and necessary due to the defendant's refusal to participate fully in the evaluation process. The court noted that the defendant's selective communication with evaluators and refusal to undergo psychological testing appeared self-serving. The court rejected the defense's objections to making factual findings related to competency, clarifying that such findings do not prejudice the defendant's trial concerning guilt, as they are not admissible in trial and do not affect the insanity defense under 18 U.S.C. 4241(f). Potential juror prejudice can be managed during jury selection and through specific jury instructions.

Under 18 U.S.C. 4241, a defendant is deemed incompetent to stand trial if a court finds, by a preponderance of the evidence, that the defendant has a mental disease or defect preventing them from understanding the nature and consequences of the proceedings or assisting in their defense. Although the statute specifies this burden of proof, it does not clarify which party is responsible for it. The Tenth Circuit has indicated that the burden lies with the defendant, yet this issue has not been directly contested in prior cases. In *United States v. Wayt*, the court declined to resolve the burden allocation since it did not impact the outcome; it noted that the burden would only matter in cases where evidence for and against competency is equally compelling. In the current case regarding Mitchell, the court determined that the evidence was not in equipoise, rendering the burden allocation irrelevant to its competency conclusion.

Mitchell faces charges stemming from the 2002 kidnapping of Elizabeth Smart, then fourteen. Following state court findings of his incompetency and ineligibility for involuntary medication, federal prosecution was initiated. The federal competency hearing included extensive new evidence, including three competency evaluations and testimony from mental health experts, Utah State Hospital staff, co-Defendant Wanda Barzee, and Elizabeth Smart herself. Elizabeth testified about the harrowing details of her abduction, including Mitchell's threats to kill her and her family if she did not comply. He initially framed the kidnapping as a ransom situation, later revealing he believed she would be more compliant if he suggested a ransom rather than marriage. Throughout the ordeal, he maintained a threatening demeanor, including brandishing a knife.

Elizabeth testified that during her captivity, Mitchell acknowledged the potential consequences of his actions, stating he would go to jail if caught. Despite her attempts to persuade him to release her, he refused and took precautions to avoid detection, dressing in dark clothing and hiding from police. They fled to a remote camp where Wanda Barzee awaited them. Inside the tent, Barzee forced Elizabeth to change into a robe at the threat of violence. Mitchell then conducted a brief marriage ceremony, claiming it would bind them in heaven, despite Elizabeth’s vocal objections. Following the ceremony, Mitchell raped her and secured her with a large cable attached to a lock that he controlled, threatening her life and her family's if she attempted to escape or call for help.

Mitchell showed Elizabeth newspaper articles about the search efforts to instill a sense of hopelessness, and he forced her to burn her pajamas and refer to her parents by their first names, demanding she abandon her previous beliefs. Under intense religious indoctrination, Elizabeth was led to accept Mitchell's claims of being a prophet, with teachings about his future resurrection and conflicts with an antichrist. He and Barzee frequently repeated religious ideas and encouraged her to write in a journal that they reviewed, which began to reflect her gradual acceptance of their beliefs. Elizabeth also felt manipulated into providing information about a cousin, which Mitchell intended to exploit for a kidnapping attempt. After several weeks of captivity, Mitchell eventually released her from the cable binding her.

Elizabeth attempted to escape after her cable restraints were removed but was threatened by Mitchell, who warned that any further attempts would lead to dire consequences for her and her family. Following this threat, Elizabeth did not try to escape again. During her captivity, she testified that Mitchell would go into the city to steal supplies, while Barzee remained at the camp to guard her. Eventually, both Mitchell and Barzee brought Elizabeth into the city, forcing her to wear a veil and restricting her from speaking. Mitchell's primary focus was sexual exploitation; he raped her multiple times daily and instilled fear that he would harm her and her family if she resisted. He employed crude language, displayed pornography, and used drugs and alcohol to diminish her resistance, claiming it was to humble her.

Mitchell framed his actions within a religious context, asserting that sexual coercion was normal in a marital relationship, and manipulated Elizabeth into believing his demands were divinely commanded. Despite her resistance, he continued to rape her and often returned from his excursions with supplies only to assault her immediately afterward. Elizabeth characterized Mitchell as 'evil' and 'manipulative,' noting his lack of genuine empathy or kindness, despite his claims of being a religious figure performing God's work. He justified his behavior with religious rhetoric, asserting that he received divine revelations that aligned with his desires. This manipulation extended to Barzee, who also received purportedly divine blessings from Mitchell, highlighting his use of religion to serve his own interests rather than to assist others.

Mitchell used religious blessings as a manipulative tactic to soothe his wife Wanda, who was distressed by his sexual pursuit of Elizabeth Smart. He crafted elaborate blessings, framed as spiritual affirmations, praising Wanda's future role as the mother of Zion, which served to placate her during times of anger. Elizabeth perceived this behavior as manipulative, noting that when Wanda was upset, Mitchell would give her a blessing to calm her down. In contrast, Mitchell did not use similar tactics with Elizabeth, controlling her through intimidation and threats.

Additionally, Barzee recalled instances of Mitchell's manipulation, particularly around the time of Elizabeth's kidnapping. When Barzee expressed distress over Mitchell's interest in Elizabeth, he claimed to have received a revelation about a fixed sexual schedule, alternating between Barzee and Elizabeth. However, Elizabeth testified that there was never a time when Mitchell refrained from sexually assaulting her. 

Barzee later reflected on Mitchell’s religious claims, asserting that they were deceitful. She believed he considered himself a prophet with divine authority, but she viewed his faith as false and manipulative. Elizabeth also noted that Mitchell selectively employed religious rhetoric to fulfill his desires, using it effectively for panhandling and securing assistance for theft, indicating a pattern of deceit intertwined with his claimed spirituality.

Elizabeth described Mitchell as manipulative and skilled at deception, noting that his acceptance by others encouraged them to assist him. When confronted by police at a Salt Lake City library regarding Elizabeth's religious veil, Mitchell falsely claimed it was a religious requirement and misled the officer into believing Elizabeth was his daughter visiting from school, allowing them to leave without incident. Elizabeth characterized Mitchell as quick-witted and a convincing liar who enjoyed outsmarting others, demonstrating intelligence and self-importance. He often positioned himself as an authority on various topics, including legal matters, and was aware that his actions were illegal, instructing Elizabeth on how to respond to law enforcement if confronted. He advised her to use the name Augustine Marshall and refer to him as her father, while also claiming to be traveling ministers without a permanent address. Throughout her captivity, Elizabeth noted that Mitchell never introduced her as his wife and used multiple aliases, including Immanuel David Isaiah and Peter Marshall. During their nine months together, they encountered many people, yet none suggested Mitchell needed help. After the police incident, Mitchell and Barzee took Elizabeth to Lakeside, California, where Mitchell sought to kidnap another girl, disguising himself as a local investigator to gain access to the Kemp family. At a church service, he presented himself as a stranger to the faith, successfully ingratiating himself with the Kemps and receiving an invitation for dinner without raising suspicion.

Mitchell feigned ignorance about the Mormon faith while boasting to Elizabeth about deceiving the Kemps. During a visit to the Kemps’ home, he learned about their 12-year-old daughter, who was Mrs. Kemp's child from a previous marriage. In February, he attempted to kidnap the daughter at night, but was deterred by the sound of snoring inside the house. Upon returning to camp, he told Elizabeth and Barzee that divine preparation was underway for his next target. 

Later, the trio was invited to the home of a Seventh-Day Adventist family, where Mitchell pretended to agree with their religious views to secure lodging. Elizabeth noted his manipulative use of singing, which he controlled to influence situations, never singing when pursuing personal desires or when confronted by law enforcement.

In mid-February, Mitchell claimed he was going to "minister" in Lakeside but instead engaged in criminal behavior, including buying beer, stealing prescription medication, and breaking into a church. He was arrested for trespassing and met with court-appointed attorney David Lamb, who described Mitchell as peaceful and remorseful, with no signs of aggression. Mitchell understood the legal process and was advised by Lamb to plead guilty. In court, he used the alias Michael Jensen, misrepresenting himself as an itinerant preacher and providing false information to the judge, effectively concealing any ties to Utah or the LDS faith.

Mitchell portrayed himself as remorseful, claiming a relapse after twenty-two years of sobriety. During a court session, he remained composed despite a lengthy silence, displaying calmness and respect for the court's authority. His attorney, Lamb, typically discouraged direct communication with the judge but found nothing inappropriate in Mitchell's responses. When Mitchell began to discuss his ministry, Lamb redirected him to answer the judge's questions, which Mitchell complied with. Following his guilty plea, he was released to a camp where Barzee was guarding Elizabeth. 

Elizabeth, recognizing the reduced likelihood of being discovered in San Diego, attempted to persuade Mitchell to return to Utah, suggesting they hitchhike to gain a transformative experience. On March 3, 2003, they began their journey back to Utah. In Las Vegas, they were reported to the police, and upon contact, Mitchell identified himself as a preacher, providing false names that were checked and verified, allowing them to continue. On March 12, 2003, Sandy City Police Officer Rasmussen encountered Mitchell and two women dressed in robes. While Mitchell initially gave a false identity, he responded normally to basic questions but adopted a preacher persona when confronted with direct inquiries, becoming increasingly evasive.

Mitchell exhibited deceptive behavior, particularly when questioned by Officer Rasmussen, who noted that when people were nearby, Mitchell would adopt a preacher persona to divert attention. Elizabeth, initially reluctant to reveal her true identity, later admitted she was Augustine Marshall after being taken into custody. Various mental health evaluators provided insights into Mitchell's life history, with Dr. Welner conducting the most comprehensive assessment. 

Mitchell was born in 1953 to Shirl and Irene Mitchell and raised in the LDS Church, though his parents were not active members. His father held unconventional beliefs, publishing a lengthy work that presented him as a divine figure and advocating a strict vegetarian diet. Despite his father's eccentricities, Mitchell admired him and emulated his lifestyle, becoming known as the family's "black sheep." 

Described as verbally skilled, Mitchell was also labeled a "con man" by his sister and exhibited abusive behavior at home. By age 15, he was referred for juvenile intervention due to his cruel treatment of family members. Although creative and capable of ambitious projects, he struggled academically, dropping out of high school at 16 but later obtaining a GED and completing some college coursework.

Mitchell faced significant legal issues, including an arrest for soliciting sexual activity from a young neighbor, which led to concerns about his mental state. A probation officer noted his behavior approached psychosis, prompting a referral to psychologist Dr. Tanya Thomas, who diagnosed him with a "Behavior Disorder of Adolescence" rather than a psychotic condition. Concerns were raised about his manipulative tendencies during his therapy sessions.

Dr. Thomas characterized Mitchell as an intelligent individual who demonstrated a manipulative and controlling demeanor, exploiting the psychological vulnerabilities of his family members for personal satisfaction through threats. Psychological evaluations indicated no signs of psychosis but revealed concerning behavioral patterns that could persist without intervention. 

In his early adulthood, Mitchell became a father in his teens, marrying his pregnant girlfriend, Karen, with whom he had two children. Both struggled with drug use and were deemed irresponsible parents. Following their divorce in 1975, Mitchell gained custody of the children, but after Karen's remarriage in 1977, the court awarded her custody in 1979. In response, Mitchell kidnapped the children and relocated to the East Coast, living a transient lifestyle and continuing drug use. 

Mitchell later returned to Utah around age 26, ceased drug use, and became involved with the LDS Church, marrying his second wife, Debbie, in 1981. Despite his commitment to the church, he allegedly molested all three of Debbie's daughters shortly after the marriage, with abuse lasting from ages 8 to 12. One step-daughter reported that Mitchell threatened her, asserting that no one would believe her if she disclosed the abuse. Additionally, disturbing evidence of potential abuse was suggested by a photo of two naked young girls found by Barzee's sister, which evoked concern.

Debbie expressed resentment towards Mitchell's two children from his prior marriage, leading to significant financial strain on their family. In 1983, Mitchell chose to place his children for adoption but later opted for foster care, refusing visitation from his mother, Irene, despite challenges to his mental health by family members. A psychological evaluation by Randy Oster concluded that Mitchell was not mentally ill, allowing him to relinquish custody. Mitchell and Debbie subsequently had two more children, but their marriage was fraught with abuse; Mitchell was controlling, belittled Debbie, and exploited her fears. He notably taunted her by bringing home a live mouse and leaving dead mice for her to find.

Although Mitchell presented himself as an active member of the LDS Church, his Stake President, Paul Mecham, observed discrepancies in his church attendance and behavior. Mecham noted Mitchell’s ability to mirror others’ behaviors to ingratiate himself socially. Following allegations of sexual impropriety, Mitchell’s demeanor changed drastically during an interview with Mecham, leading to his departure from the marriage shortly thereafter. During the divorce, Debbie accused Mitchell of sexually abusing their children, claiming their son reported inappropriate behavior and their daughter made a concerning statement about him. While the allegations could not be verified, a caseworker noted unusual sexual interest from their son. Mitchell later mentioned facing similar accusations from his second wife's child but claimed to have escaped those allegations.

Mitchell married Wanda Barzee in November 1985, the same day his divorce from Debbie was finalized. Barzee was a devout Mormon with her own history of personal and psychiatric issues, having recently left an abusive relationship.

Mitchell became increasingly involved in the LDS Church after marrying Barzee, taking on various leadership roles, including counselor positions in the stake mission presidency, high council, and bishopric, as well as serving as an ordinance worker at the LDS Temple. Despite a lack of a temple recommend due to previous sexual abuse allegations, he attended the temple, surprising former stake president Mecham, who noted that no inquiries were made regarding Mitchell's worthiness before he moved to a new stake. Mecham expressed disbelief at Mitchell's ability to obtain a recommend, attributing it to Mitchell's skill in maintaining a facade of normalcy. 

At home, Mitchell voiced frustration over not receiving a higher church position, and by the late 1980s, he began to refer to himself as a prophet, which he used as justification for his actions, believing it exempted him from accountability. His identification with fundamentalist LDS groups deepened, leading him to attend meetings of the American Study Group (ASG), a group that rejected mainstream LDS practices and believed that the LDS Church was "out of order." ASG members anticipated a figure known as "One Mighty and Strong" to restore correct practices, a claim that was also made by the group's leader, Sterling Allan.

Furthermore, Mitchell became associated with C. Samuel West, a practitioner of lymphology, which focuses on the lymphatic system's role in health. The West family, who attended LDS services but held non-mainstream beliefs, regarded West's teachings as scripture, especially his book, *The Golden Seven Plus One*. West's International Academy of Lymphology functioned as not only a healing school but also a sect that integrated Mormon theology into its practices, including the giving of testimonies.

Ezra Taft Benson was viewed by the Wests as the last true prophet of the LDS Church, which they believed had deviated from its original teachings, particularly regarding the law of consecration and polygamy. Mitchell, influenced by the Bo Gritz Patriot movement in Idaho, adopted beliefs in individual freedoms, gun rights, tax evasion, and living without formal documentation. The home life of Wanda Barzee and Brian Mitchell contrasted sharply with their outward appearances; Mitchell projected a benign persona in public while the home environment was marked by abuse, including pornography, sexual solicitation, and severe restrictions on the children. 

LouRee Gayler, Mitchell's stepdaughter, described her experience living with them from the age of twelve, detailing Mitchell's domineering behavior, including forced labor and isolation, and instances of inappropriate conduct towards her. She recounted a disturbing incident where Mitchell taunted her by placing pornographic images in front of her while she prayed. The couple's sexual activity was overt, and Gayler felt coerced to be part of it. During her two years in their home, they moved three times, which Gayler believed was an attempt to hide the abuse. She ultimately left at fourteen, traumatized after being misled into eating her pet rabbit, an act that Mitchell reportedly took pleasure in. Additionally, he had shot their pet dog and justified it to others. Barzee's children described Mitchell as intelligent and disciplined, further complicating the perception of his character.

Mitchell engaged extensively in self-study during the late 1980s, focusing on topics such as self-sufficiency and mind control. From the mid-1980s to the mid-1990s, he worked as a die cutter at OC Tanner, where he created steel emblems for logos without any quality issues, demonstrating intelligence and attention to detail. Mitchell often discussed his religious views at work, expressing a unique interpretation of LDS scripture, which some co-workers found upsetting. In response to disagreements, he would sing or read scriptures aloud, even though he did not identify himself as a prophet in the workplace. His supervisor, Garth Rosenlund, perceived Mitchell as rational and capable, noting that his singing was a tactic to avoid engagement rather than a sign of disorientation.

Mitchell later transitioned to a job at Historical Artifacts, where he continued to sing hymns and was regarded as a competent employee. He then took a position with Dr. West's International Academy of Lymphology, excelling in sales and earning substantial commissions, leading to discussions about him potentially managing the academy. Prior to adopting a homeless lifestyle, Mitchell had been reading about tax evasion and survivalist living.

Mitchell engaged in extensive contemplation regarding financial independence, including a refusal to pay taxes, expressing a desire to live as a "free man" by the late 1980s. He faced significant financial difficulties, prompting him to seek assistance from his sister Laurie and her husband Scott Dean, who provided financial help for rent and bills. However, Mitchell defaulted on these obligations and relocated without settling debts. His behavior reflected a pattern of evading responsibilities, including neglecting his son and avoiding family contact. In the mid-1990s, Mitchell expressed a desire to live off panhandling rather than working. He and Barzee initiated a lifestyle change, divesting possessions to live in a fifth-wheel trailer and moving to Idaho to join a community of naturalists. This shift was perceived by their family as financially motivated, particularly to avoid child support and taxes. In 1995, they traveled across the country to visit LDS historical sites, relying on the generosity of others for support. During this period, Mitchell displayed mental acuity in navigation but exhibited controlling behavior over Barzee, restricting her access to food. Discussions with others, including Phyllis Koch, revealed Mitchell's criticisms of other religious institutions without presenting himself as a prophet, and he was not perceived as irrational by Koch.

Mitchell and Barzee traveled extensively, including organ recitals in the Northeast and panhandling for funds to reach Hawaii. Upon returning to Utah in 1997, their living arrangements fluctuated between staying with family, utilizing the generosity of others, and periods of homelessness in the mountains. Elizabeth described their lifestyle as one of dependence on others, often hitchhiking and seeking temporary accommodations. Their first extended stay in a camp occurred when they took Elizabeth, separating from their previous reliance on family support.

On September 21, 1997, they established the Seven Diamonds Plus One Study and Fellowship Society, focusing on seven key texts, significant in Mormon belief, and inspired music. The date holds particular importance as it coincides with a belief in Joseph Smith's visitation by the angel Moroni. Mitchell sought to use Barzee's mother’s home for meetings, presenting it as a chance for Barzee to perform, but she suspected his intentions involved creating a sect and refused his request. 

In late 1997 and early 1998, Mitchell and Barzee stayed at the West home, where they discussed shared religious beliefs, with the Wests viewing Mitchell as a pious leader who could guide the LDS Church. They promoted a lifestyle rejecting materialism, urging the Wests to join them, but eventually disagreed on the pace of implementing polygamy and the law of consecration. By late 1999 and early 2000, they were living with Mitchell's mother, maintaining a transient lifestyle while residing near her home.

Mitchell and Barzee claimed they would not disturb anyone, yet Mitchell frequently accessed food and belongings in the house. Barzee remained primarily in a handcart, raising concerns from Mitchell’s family, particularly his mother, who they feared could be taken advantage of due to her gentle nature. Barzee's demeanor had significantly changed from the 1980s, becoming withdrawn and less cheerful by 2000. Mitchell expressed a desire to be called "David," which Dean suspected was an attempt to evade debts; however, his sister Laurie continued to call him Brian. Mitchell insisted on being called David by others, sometimes refusing to engage with them. He mentioned developing new beliefs and writing a book, which Dean found not radical and consistent with various religions. When Dean showed disinterest in Mitchell's beliefs, he accepted it and shifted the conversation. Mitchell preferred to control situations and would withdraw if uncomfortable. Dean and his family did not perceive Mitchell as mentally ill; he was rational, coherent, and consistent in his thoughts and behaviors. The only noticeable change was his adoption of a back-to-basics lifestyle, and discussions about psychiatric care for him were never initiated by family members or acquaintances, including police officers who interacted with them. Barzee affirmed that throughout their time together, no one believed Mitchell had mental issues.

Some individuals perceived Mitchell's faith as extreme, but none viewed him as psychotic or ill. During this period, he was unemployed and relied on panhandling in downtown Salt Lake City, expressing a desire for a simpler, more rustic lifestyle. When encouraged to seek temporary work, Mitchell stated he was focused on another endeavor. Observations indicated that he earned significant income from begging without paying taxes. After the September 11 attacks, their distinctive white robes led to negative associations with terrorism, resulting in decreased donations and prompting Mitchell and Barzee to adopt regular clothing for several months.

Mitchell occasionally begged near Crossroads Mall, where he demonstrated erratic behavior to solicit money, such as singing hymns, which sometimes elicited donations from passers-by. On November 23, 2000, he claimed to Barzee that he had received a revelation regarding the restoration of plural marriage, urging her to comply with this belief. He later expressed interest in making a woman named Kelly, who was involved with another man, a plural wife. Additionally, he met Julie Adkison, a young woman who had left a polygamist community, and decided she would be one of his wives after learning about her background. In early 2001, he arranged a meeting with Adkison, during which he focused on discussing the establishment of plural marriage in his family.

Mitchell did not claim to have received a divine revelation regarding polygamy; instead, he and his wife discussed and agreed it was time to pursue it. He was interested in Adkison, believing she would be open to polygamy due to her recent departure from a polygamist community, and also sought her diamond engagement ring, suggesting she sell it for their financial benefit. Eventually, he propositioned her to become his second wife, asserting that God would guide her away from her fiancé toward plural marriage. Adkison declined but found Mitchell's views unsurprising due to her background.

After her refusal, Mitchell purportedly received a revelation to "plunder" young girls aged 10 to 14 for marriage, believing they would be more compliant. He attempted to locate and stalk young girls, including Elizabeth, whom he knew from having worked at her home. On April 6, 2002, significant for being the anniversary of the LDS Church's founding, Mitchell delivered his Book of Immanuel David Isaiah (BIDI) to family and friends, acting forcefully toward his mother, who sought a protective order against him and Barzee. The family did not pursue mental health treatment for him but reported the BIDI to the LDS Church's apostate activity committee. The Church initiated excommunication proceedings against Mitchell after he delivered the BIDI. Despite attempts by his stake president to serve him with notice, Mitchell rejected it and did not attend the excommunication hearing, which resulted in a unanimous vote against him.

Shortly after, he kidnapped Elizabeth. Barzee later recalled that Mitchell seemed surprised about the timing of the abduction, though she later suspected it had been premeditated. Following his arrest, Mitchell was interviewed without psychiatric treatment and displayed a calm demeanor, despite being described as undergoing significant psychological stress during the interrogation.

Mitchell exhibited a notably relaxed demeanor during the investigative questioning, showing no signs of intimidation or distress. He was respectful towards the officers and did not display anger or confrontation. Acknowledging the investigators' intent to gather incriminating evidence, he asserted his right to legal counsel and claimed to be defending himself. Mitchell characterized the investigators' inquiries as "trick questions" and refused to answer those that could incriminate him. 

When queried about Elizabeth's age, he initially deemed it irrelevant but later confirmed she was 18. Regarding their relationship, he stated that Elizabeth was sealed to him as his wife but declined to discuss whether they had engaged in sexual relations, ultimately denying any such encounter when pressed. He also refused to answer whether he had taken her from her home by force, instead stating that he "received" her as his wife.

Mitchell avoided questions about physically restraining Elizabeth by making a metaphorical statement about the world's wickedness. As the questioning continued without progress, one investigator attempted to change tactics by complimenting Mitchell's biblical knowledge, which Mitchell recognized as flattery. During the interview, he remained calm despite an investigator's physical touch, questioning its intent.

After approximately an hour and fifteen minutes of questioning, Mitchell requested a break. Upon returning, he began singing and refused to participate further, leading the investigators to terminate the interview. Subsequently, FBI Special Agent George Dougherty, having observed from another room, entered the interview space where Mitchell was alone. Upon their arrival, Mitchell engaged in conversation, inquiring whether Dougherty had read the entire book he referenced.

Agent Dougherty initially noted that he had only skimmed a document, prompting Mitchell to suggest he read it in full before answering questions. After reading the entire BIDI that evening, Dougherty returned to the Salt Lake County jail on March 14, 2003, where Mitchell waived his Miranda rights and consented to an interview. During this session, Mitchell claimed that Elizabeth could have left at any time and mentioned providing her with a false name for potential inquiries. He openly discussed his background and experiences, expressing willingness to engage with Dougherty.

The following day, Mitchell again waived his rights but shifted the focus away from his case, instead inquiring about the legal process. Dougherty provided a detailed explanation of federal procedures, noting that the conversation felt natural and that Mitchell appeared engaged and understanding. Notably, there was no mention of religion during this discussion.

On March 17, 2003, Dougherty returned, and Mitchell once more waived his rights. In this interview, he acknowledged that he would be perceived negatively if caught and outlined his tensions with Barzee regarding Elizabeth. When questioned about a break-in at Elizabeth's cousin's home, Mitchell abruptly ended the interview, marking the last interaction with Dougherty.

Throughout the interviews, Mitchell was described as soft-spoken, intelligent, and cautious in his responses, akin to a witness on the stand. Dougherty observed that Mitchell was unusually meticulous with his answers and noted a pattern of Mitchell deflecting challenging questions using the BIDI. Dougherty adapted his questioning style, which sometimes elicited more genuine responses from Mitchell, who would acknowledge the tactic with a smile, indicating awareness of the questioning strategy.

Mitchell, when questioned by Agent Dougherty about his sexual relationship with Elizabeth, initially deemed the inquiry inappropriate but later confirmed their marriage and that they consummated it. He later remarked that the agent had elicited information from him by rephrasing questions. Following his arrest, Mitchell penned a supplement to the Book of IDI, in which he addressed accusations against Immanuel and claimed a divine context to his actions. He described a spiritual narrative involving ShearJashub, suggesting that any force used was spiritual rather than physical, asserting that ShearJashub's parents facilitated her encounter with Immanuel through their own actions. Mitchell portrayed ShearJashub's compliance as voluntary and divinely inspired, emphasizing that her inability to call out to her family during their search was a testament to her faith and sacrifice. He claimed that ShearJashub felt secure in her choice, supported by the Holy Spirit, and that any imposed bonds were merely false traditions that she overcame.

Mitchell, under significant emotional distress, began to doubt and accuse Immanuel, a person he considered a true servant. His explanations during a portion of the BIDI differed from his statements made after his arrest. Prior to his arrest, Mitchell did not attempt to convince Elizabeth of various claims regarding her kidnapping, including the use of a weapon and her supposed opportunities to escape. While in jail, he exhibited no signs of distress requiring clinical intervention, remaining coherent and lucid without the need for psychotropic medication. He reacted to disruptive inmates by singing loudly, sometimes in retaliation for their behavior.

Following his arrest, he underwent competency evaluations at the Utah State Hospital but refused to speak with the assigned mental health evaluators. Notably, his intense staring during Dr. Gardner's evaluation was perceived as an attempt to intimidate. In September 2003, Dr. Golding found Mitchell incompetent to stand trial due to a psychotic disorder, while Dr. Gardner diagnosed him with narcissistic personality disorder and deemed him competent. By August 2004, during plea negotiations, both prosecution and defense agreed on his competency, superseding Dr. Golding's earlier assessment. On September 2, 2004, Mitchell was arraigned, where he pleaded not guilty without causing any disruptions.

On September 16, 2004, Dr. Jennifer Skeem submitted a report indicating that Mitchell was competent to stand trial, despite a diagnosis of Delusional Disorder. She noted his competency abilities were not significantly impaired and mentioned that he was engaged in his defense, requesting to review evidence against him. The District Attorney's Office offered a plea deal on September 17, allowing Mitchell to enter an Alford plea for aggravated kidnapping, aggravated sexual assault, and aggravated burglary. The defense countered on September 23, suggesting an Alford plea for aggravated kidnapping and two counts of aggravated burglary, which the prosecution rejected, maintaining the original offer with a deadline of October 15.

On October 13, defense counsel relayed that Mitchell initially wanted to accept the offer but had reservations about the Alford plea's implications on his faith. By October 15, the defense communicated Mitchell's decision to decline the plea offer while expressing a willingness to negotiate further. The prosecution subsequently rescinded concessions made in the initial offer and set a new deadline of October 22 for Mitchell to plead guilty or proceed to trial.

On October 21, the defense affirmed to prosecutors that they had kept Mitchell informed about plea offers and that the decision to accept or reject was solely his. They indicated openness to further negotiations but did not mention any concerns regarding Mitchell's mental state. On the same day, Mitchell expressed a desire to plead guilty to all charges, believing he was receiving divine guidance to resolve the matter expediently. The defense team did not visit him again until October 27, when they noted him as "rambling" and religious. Dr. Skeem re-interviewed Mitchell on October 29 at the request of the defense, during which he discussed the plea negotiations.

Mitchell expressed disappointment over the Smart family's decision to proceed with sexual assault charges against him, as indicated by his reference to a prosecution letter stating that he could not plead to lesser charges without a sex offense. He described the prosecution's communication as "hateful" and believed it revealed clear "battle lines." Mitchell conveyed to Dr. Skeem that he felt compelled to testify and believed going to trial would serve as a stronger testament to his faith, comparing his suffering to Christ's crucifixion. He anticipated a conviction and felt the trial would damage his reputation.

Following his interview with Dr. Skeem, a petition for a competency inquiry was filed on November 9, 2004, claiming that Mitchell lacked the ability to behave appropriately in court, despite his prior proper conduct. After Dr. Skeem expressed her belief that he was incompetent, Mitchell ceased communication with her, yet he displayed unusual behavior in court, singing and shouting repentance at subsequent appearances.

Dr. Skeem provided two reports regarding Mitchell's competency. The first, dated September 23, 2004, indicated he had no impairment in seven competency areas, mild impairment in one, and moderate in another. However, a second report from February 1, 2005, showed a deterioration in his condition, with six areas classified as severe. Notably, the second report did not consider whether his behavior change was influenced by the breakdown of plea negotiations.

A state competency hearing took place from February to July 2005, relying on testimonies from Drs. Gardner, Golding, and Skeem. Dr. Skeem inaccurately stated when Mitchell began singing and admitted her lack of knowledge regarding plea negotiations. Ultimately, on July 22, 2005, the judge ruled Mitchell incompetent to stand trial, accepting the defense's argument that his religious beliefs were delusional and hindered his ability to assist his attorneys. Consequently, Mitchell was sent to the Utah State Hospital for competency restoration, where he was assigned to the forensic unit.

In area one of the hospital, patients have individual bedrooms, can leave their rooms freely, and have access to various recreational activities, including three televisions and an X-Box. During his stay, Mitchell appeared comfortable, gained weight, and did not seem eager to leave. Due to his high-profile status, special safety protocols were implemented, which included staffing restrictions and the need for objective charting by staff. Nurse Jane Jakeman noted that this training led her to be less detailed in her charting. Psychiatric technicians, who spend significant time with patients, indicated that Mitchell was competent and did not exhibit behaviors suggesting incompetence. Although he was classified as a patient, he was self-sufficient, high-functioning, and displayed no significant symptoms of mental illness. Dr. Paul Whitehead, Mitchell's treating physician, described him as socially inept and often unengaging in conversation, while other staff members characterized him in varied ways, noting his ability to have normal conversations when he chose to engage.

Andrew and Mitchell engaged in discussions about their respective pasts, with Mitchell sharing experiences related to drug use and camping. Psych tech Tye Jensen characterized Mitchell as a refreshing presence, noting his exceptional conversational skills compared to other patients. Jensen recounted a three-hour detailed discussion with Mitchell about the book *Silas Marner*, which captivated him due to Mitchell's storytelling ability, including his animated voice and eye contact. During this conversation, Mitchell largely avoided religious topics.

Mitchell demonstrated an ability to negotiate for his personal interests, successfully arguing for additional snacks by claiming a banana split constituted a single snack. He also negotiated for items like dental floss and movies and became the only patient for whom psych tech Fuchs would check out library books. Despite his low status level restricting his access to television in certain areas, Mitchell adeptly organized viewing arrangements by coordinating with other patients and staff, using flow sheets to facilitate negotiations for sponsorship.

In terms of social interactions, Mitchell preferred to come out of his room during afternoon shifts staffed mainly by younger college students, indicating a particular interest in the young female staff. He was cautious about his surroundings, often ensuring he was not overheard while speaking and adjusting his behavior based on perceived observation. Psych tech Jessica Hardy noted that Mitchell altered his actions depending on whether he thought he was being watched, and he was familiar with the schedules of staff members he preferred to interact with.

Nursing Director Leslie Miles reported that staff noticed Brian Mitchell's ability to anticipate staff rotations, particularly regarding psych tech Taryn Nielsen, a young college student who appeared much younger than her age. Staff expressed concerns about Mitchell's interest in Nielsen and potential grooming behaviors. Additionally, Mitchell formed a relationship with James, a vulnerable patient with schizophrenia who had off-unit privileges, raising concerns about Mitchell selectively targeting him for access and influence.

Mitchell also developed an unusual mentorship-like relationship with another patient, John, described as a "religious zealot." Unlike his interactions with other patients, where he dominated conversations, Mitchell took a deferential approach with John, seeking advice on religious and legal matters. Their discussions included inappropriate comments about women and consent, with Mitchell reportedly altering his appearance and behavior in response to his association with John. 

Mitchell's social interactions increased, and he attended a unit meeting only when John proposed a significant motion. Observations indicated that Mitchell demonstrated the ability to collaborate with staff, suggesting a potential capacity to work with legal counsel. He displayed a clear understanding of the legal process and the roles of court personnel, as well as an awareness of the gravity of his charges.

Mitchell demonstrated a clear understanding of the hospital's structure and functions, explaining the hierarchy to psych tech David Talley and discussing the role of the forensics unit in aiding individuals to regain competency. He criticized the legal system as corrupt, expressing his unwillingness to participate due to a belief that he should not be judged by others. Mitchell was aware of ongoing involuntary medication proceedings and engaged with other patients about their medication experiences, indicating a concern that forced medication might also be applied to him. He believed that the law could not be retroactively applied to him and shared strategies with fellow patients regarding court interactions, advising against speaking to judges and the media to protect his case.

Mitchell exhibited selective communication patterns, often refraining from speaking with staff while continuing to converse with other patients, particularly after a pivotal incident involving a staff comment that prompted an eighteen-month period of silence. During this time, he communicated with patients through notes and only spoke when necessary, such as to request items. Staff members speculated that his silence around them was a tactic to conceal his mental state. Despite his selective silence, he maintained interactions with peers, indicating a calculated approach to communication based on his perceptions of the staff and the environment.

Mitchell's behavior at the hospital became manageable after an initial problematic phase. He did not provide a religious reason for his silence. Upon returning to the hospital after being found incompetent, he significantly reduced his singing and could easily be redirected when he did sing. Nursing Director Miles intervened, asking Mitchell to stop singing due to concerns about disturbing sensitive patients, which he complied with, halting his singing in the main hall. His singing frequency appeared correlated with upcoming court dates, increasing before transport to court and ceasing afterward. Psych tech Fuchs found it absurd that Mitchell sought a book immediately after being removed from court. It was noted that Mitchell rarely needed redirection from singing and used it as a defense mechanism against confrontations with other patients. When he resisted staff instructions, he would typically either stare them down or begin singing, effectively ending conversations.

During court disruptions, Mitchell expressed a belief that he would not be judged by humans and acknowledged deliberately causing disruptions. He questioned whether such behavior could warrant involuntary medication. Dr. Whitehead concluded that Mitchell's singing did not impede his competency, affirming his ability to behave appropriately in court. Initially, Mitchell frequently discussed religion upon his hospital admission, but this diminished over time, as did his use of archaic language. Most staff did not hear him refer to himself in grandiose terms, and he respected boundaries regarding religious discussions. When he did engage in religious conversation, it was more subdued, focusing on general topics without claiming prophetic status.

Mitchell engaged in discussions about religion and scripture interpretation with patient John but did not assert himself as a prophet, nor did he claim to receive divine revelations during his hospital stay. Over three years, he read many books without requesting religious texts and rarely watched religious programming, despite spending extensive time watching television, particularly enjoying the show "Charmed." His interactions with others were marked by a lack of friendliness and occasional anger. Nursing Director Miles, with over 25 years of psychiatric experience, noted that delusional patients typically remain fixated on their beliefs, often sharing them aggressively and resisting redirection. In contrast, she observed that Mitchell adapted his behavior to the context, complied with staff limits, and could easily switch his expressions of belief. She found his behavior inconsistent with that of someone experiencing a religious delusion, noting he was selective in sharing his beliefs and not distressed about them, differing from typical delusional patients who exhibit consistent and rigid behaviors.

Miles noted that Mitchell exhibited a tendency to shut down when limits were imposed during discussions. In his 25 years of psychiatric nursing experience, Miles observed that while patients with fixed religious delusions typically persist, Mitchell would not. Dr. Whitehead corroborated this by stating that Mitchell's conviction in his beliefs was not absolute, indicating some variability and lack of constant preoccupation with his religious ideas. Whitehead also noted that Mitchell displayed minimal distress and did not exhibit martyrdom behaviors.

Mitchell's refusal to engage in treatment raised concerns for Miles, who described it as uncommon for patients to avoid participation. Mitchell's lack of cooperation was viewed as a significant indication of possible manipulation, as he sought to attend only those treatment groups aligned with his beliefs while consistently avoiding competency restoration sessions. Despite attending other non-competency-related groups, he never participated in any competency restoration activities. He also declined to communicate with Dr. Gerald Berge, who was responsible for reassessing his competence, which led Berge to inform staff that he could not deem Mitchell competent without his cooperation.

In October 2008, a state court ruled that Mitchell could not be involuntarily medicated for competency restoration. Consequently, federal charges were pursued, and the U.S. Attorney's Office requested a competency evaluation to be conducted in an inpatient setting by the Bureau of Prisons. Judge Samuel Alba approved this request, leading to Mitchell's transfer to the Springfield Medical Center for evaluation by Dr. Richart DeMier. During their initial interaction, Mitchell largely refused to answer questions about his past and predominantly responded with religious content, even when it was not relevant to the questions asked.

Mitchell utilized archaic language during interviews with Dr. DeMier, contrasting sharply with his clear and logical communication at the Utah State Hospital, where he avoided religious references. During later discussions, he demonstrated an accurate understanding of the competency evaluation process and was described by Dr. DeMier as articulate. After a challenge regarding his sporadic use of archaic language, Mitchell declined to engage in further interviews, eventually agreeing to speak only off-camera. He expressed a desire to minister where he was placed but did not actively minister to other patients, instead reading a science fiction book. Dr. DeMier perceived Mitchell's religious beliefs as sincere but noted they included bizarre delusions, such as being divinely ordained to battle the Antichrist. He recognized that while Mitchell's beliefs aligned with those of fringe Mormon groups, they were still unusual due to his self-appointed role. Dr. DeMier acknowledged the bizarre nature of Mitchell’s delusions and remarked on the potential relevance of similar claims made by various leaders of schismatic groups. Mitchell claimed he had not spoken to his attorneys and desired representation from someone he considered a prophet with expertise in constitutional law, expressing concerns about the prosecution dismissing his testimony as irrelevant.

Mitchell expressed a belief that he would be convicted if he went to trial, a view supported by Dr. DeMier, who found Mitchell to be suffering from paranoid schizophrenia due to bizarre religious delusions that impair his competency to stand trial. Dr. DeMier noted that Mitchell’s beliefs about the corrupt nature of human laws hindered his communication with his attorneys. To further evaluate Mitchell's competency, the United States engaged Dr. Michael Welner, who reviewed extensive materials and gathered information from 161 sources, including interactions with various individuals connected to Mitchell. During a court-ordered interview with Dr. Welner, Mitchell exhibited non-compliant behavior by keeping his eyes closed and singing, which he intensified when Dr. Welner attempted to engage him. This behavior was perceived as aggressive and surprising to law enforcement present, contrasting with his earlier compliant demeanor. However, after approximately 20 minutes, Mitchell ceased singing and remained composed and appropriately engaged for the next few hours, even under stress.

Mitchell displayed notable composure during a videotaped testimony by Elizabeth regarding her kidnapping and sexual assault. Dr. Welner, who conducted the evaluation, indicated that the video was designed to mimic the courtroom experience and found Mitchell's reaction to be significant. As the video played, Mitchell attentively engaged with it, moving closer to the screen and demonstrating focused interest, reminiscent of his behavior while watching television previously at the Utah State Hospital. His responses were appropriate and aligned with the content, showing increasing concern as Elizabeth detailed her assault, without any signs of disorientation or confusion typically associated with psychotic patients. 

After the video, Dr. Welner brought up the topic of Mitchell's pedophilia, which had not been previously addressed by other evaluators, and Mitchell maintained his composed demeanor throughout the discussion. During a lunch break at the federal courthouse, he remained quiet and compliant, attempting to communicate with a deputy and requesting lunch. Following his interview, Mitchell continued to behave normally while interacting with his defense team, appearing engaged when observed by deputies. Dr. Welner completed a comprehensive 206-page report, reviewed by two forensic experts, concluding that Mitchell does not suffer from a psychotic illness and is competent to stand trial. Overall, Mitchell's behavior in the courthouse was compliant and unremarkable, apart from occasionally walking with his eyes half-closed.

Mitchell does not require physical assistance from deputies to navigate the courthouse and cell block but communicates through gestures and nods. He verbally complies when instructed by deputies but only initiates conversation when he desires something. His speech is modern, not archaic, and he occasionally sings when he believes he is being observed, although he remains quiet at the Salt Lake County Jail. When deputies ask him to stop singing, he complies. During his initial appearance before Magistrate Judge Alba, Mitchell was calm and compliant but began singing upon entering the courtroom, increasing volume when the judge took the bench. After being ordered to stop and subsequently removed from the courtroom for noncompliance, he feigned an inability to walk but resumed normal behavior once outside. In the cell block, he was compliant and quiet, even when gagged. He had the option to walk or be carried back to the courtroom and chose to walk, but resumed singing through the gag once inside. His demeanor was generally non-agitated, with a noted moment of agitation during transport to court on a specific day. On October 1, 2009, he sang softly in a devout manner, captivating the courtroom until removed. After his removal, he sang and acted out in the holding cell, an occurrence noted by Deputy Burnett as unique. Mitchell has occasionally refused to meet his attorneys but has engaged with them on other occasions, including a notable one-hour conversation in November 2009.

The court evaluates Mitchell's competency by first determining if he has a mental disease or defect that prevents him from understanding the proceedings or assisting in his defense. Conflicting expert opinions are presented: Drs. Welner and Gardner conclude that Mitchell has personality disorders (Axis II) that do not affect competency, while Dr. DeMier identifies paranoid schizophrenia (Axis I) impacting his competency. Dr. Skeem asserts that Mitchell suffers from a delusional disorder (Axis I) rendering him incompetent, and Dr. Golding states he has a psychotic spectrum disorder affecting competency. 

Federal courts have differentiated between Axis I and Axis II conditions regarding competency, with some cases asserting personality disorders do not constitute a mental disease or defect relevant to competency. However, the Tenth Circuit's ruling in United States v. DeShazer indicates that a distinction between Axis I and Axis II conditions for competency determination is erroneous. The Tenth Circuit acknowledged that both types of conditions could affect competency and that a mental disorder's mere presence does not automatically imply incompetency. In this context, the court finds that a precise diagnosis is not essential for determining competency, as either condition could potentially impact a defendant's competence.

The court's primary focus is on determining whether the defendant, Mitchell, has a condition that affects his rational understanding of legal proceedings and his ability to participate in his defense. The analysis involves evaluating the findings of conflicting expert testimonies regarding Mitchell's mental health. The Tenth Circuit allows a district court to declare a defendant competent by favoring one expert’s findings over another’s in cases of conflicting evaluations. In this instance, the court finds the reports from Drs. Gardner and Welner more credible than those of other evaluators.

The court first assesses whether Mitchell suffers from a mental disease or defect. While his religious beliefs are deemed extreme, the evidence does not suggest they result from a mental illness, such as delusional disorder or paranoid schizophrenia. For beliefs to qualify as delusions, they must be fixed and false, which is not the case for Mitchell. Several reasons support this conclusion: his beliefs align with his subculture, they are not rigidly fixed, they do not cause him distress or preoccupation, he can disengage from these beliefs when convenient, and his overall functioning has not deteriorated. Instead, his symptoms align more closely with personality disorders, indicating that he manipulates his beliefs for personal gain rather than being incapacitated by fixed delusions. The defense acknowledges the diagnostic definition of delusions but argues it is not applicable to religious beliefs, which complicates their classification as delusional.

Determining if a religious belief is delusional poses challenges due to the lack of empirical evidence to evaluate such beliefs. Mitchell argues that the content of beliefs does not help differentiate between religious beliefs and delusions; however, the DSM emphasizes that belief content is crucial for this distinction. Cultural context matters significantly, as beliefs considered delusional in one culture may be accepted in another. For instance, Mitchell's beliefs align closely with those of a fundamentalist LDS subculture, suggesting they are not products of a delusional disorder but rather derived from shared cultural experiences. Dr. Gardner emphasizes that the key factor in distinguishing these beliefs lies in how individuals process and incorporate ideas from their environment, rather than their popularity or strangeness. Expert opinions indicate that Mitchell's beliefs are consistent with fringe LDS ideologies, and understanding them requires knowledge of foundational LDS doctrines. The concept of apostasy in Mormonism, alongside the restoration of true priesthood authority, is essential to comprehend the religious framework influencing Mitchell’s beliefs.

Mormonism is characterized by a belief in a dispensational view of God’s revelations, where successive prophets provide new scriptures that build on or restore previous teachings. In addition to the Bible, Mormons accept other texts as divine scripture, including the Book of Mormon and the Doctrine and Covenants, which contains revelations from Joseph Smith and others, as well as more contemporary revelations such as a 1978 priesthood revelation. Central to LDS theology is the belief that we are in the last days, necessitating a separation of the church from the wicked.

Schismatic groups that break away from the LDS Church often claim authority by asserting that the mainstream church has apostatized, particularly regarding plural marriage. These groups typically maintain features such as the restoration of polygamy, a strong apocalyptic worldview, and a separatist social stance. Mitchell, a claimant among these groups, believes the mainstream LDS Church has gone astray since the presidency of Ezra Taft Benson and asserts he holds the keys of authority. His self-identification as the "One Mighty and Strong" aligns with historical claims made by various schismatics, who have used the concept of receiving divine revelations to exert control over followers. This title refers to a prophetic figure meant to restore order to the church, a notion rooted in the Doctrine and Covenants.

Since the LDS Church renounced polygamy in 1905, numerous individuals have claimed to be the "One Mighty and Strong," with Mitchell being one of many in this tradition. His assertion of being a Davidic King is also based on scriptural expectations within Mormon belief systems, indicating a longstanding tradition of such claims within both mainstream and fundamentalist branches of Mormonism.

Several schismatic movements have emerged within the context of a claim to Davidic kingship, with individuals asserting that they or their descendants will fulfill this role. Mitchell's adoption of the name "David" bolstered his assertion of authority. He described personal revelation as an inward peace and confirmation from the Holy Spirit, aligning with the mainstream LDS Church's understanding of revelation, which typically manifests through spiritual impressions and may be documented as scripture. His writing of the BIDI, viewed as divine revelation, reflects themes prevalent in both Mormon and fundamentalist LDS culture, including apocalyptic events and the distinction between the righteous and the wicked.

The BIDI critiques the perceived corruption of constitutional law, echoing ideas from schismatic groups, particularly the constitutionalist views associated with figures like Bo Gritz. These views suggest that the government has strayed too far from its constitutional roots, prompting some within these movements to reject governmental authority altogether. Mitchell's beliefs align with this rejectionist stance, as demonstrated by his engagement in tax refusal ideologies.

The BIDI also advocates for the reestablishment of polygamy under Mitchell's leadership, a concept linked with numerous schismatic movements. Although his group was small, Mitchell aimed to grow its membership and had attempted kidnappings to acquire additional plural wives. His intention for these wives to bear children who would be indoctrinated reflects patterns seen in other fundamentalist groups, which often expand from a family unit. Additionally, the BIDI discusses the restoration of the law of consecration, a principle of resource pooling rooted in fundamental LDS beliefs, which has historical precedent in the Church's early practices.

Modern communities in Southern Utah, such as Orderville, have made significant efforts related to schismatic Mormon traditions, as reflected in Mitchell's writings, which are heavily influenced by established LDS scripture. The BIDI, a text produced by Mitchell, extensively cites previous canonized scriptures, particularly the Book of Isaiah, demonstrating a technique known as intertextuality, which leverages the established authority of existing texts. The BIDI is characterized as heavily derivative, lacking unique religious ideas, instead constructing a narrative using familiar elements from other texts, including a dictionary and various religious scriptures. 

Mitchell’s writings indicate a thorough understanding of the Mormon tradition and are designed to mirror the practices of fringe fundamentalist groups, positioning himself as a central figure within his new religious movement. However, his professed beliefs are deemed culturally reflective rather than delusional, as delusions are defined as rigid, unchangeable beliefs. Evidence suggests that Mitchell's religious claims—such as being a prophet or the Davidic King—are opportunistic, surfacing only when beneficial for his self-interests. He has shown a capacity to adapt his religious persona based on situational needs, shifting between identities to manipulate others, much like leaders of other religious cults. Observations by individuals close to him reveal his skill in altering his behavior to fit the audience, further indicating a strategic rather than a delusional approach to his beliefs and religious identity.

Mitchell publicly portrayed himself as a reputable member of the LDS Church despite holding radical religious views and allegations of sexual abuse. He consciously adopted different personas to suit his needs, demonstrating this by transforming his appearance and behavior, such as when he was panhandling and later as a street preacher. His persona was flexible; he could easily switch between a homeless identity and a clean-cut image when needed, as seen when working on Ed Smart's roof, where he appeared scrubbed and appropriate.

Mitchell's ability to disguise his true self extended to interactions with church members, where he presented a convincing facade that concealed his fundamentalist beliefs. His transformation was so drastic that acquaintances failed to recognize him in different roles. For example, after 9/11, he abandoned his street preacher robes to increase donations. During legal proceedings for trespassing, he dropped his radical persona, adopting the name Michael Jensen and fabricating details about his life to secure his release. He adeptly manipulated his audience's vulnerabilities by presenting himself as a seeker of truth, while his actual intention was to exploit those relationships for nefarious purposes, such as targeting their daughter. Mitchell's behavior illustrates a calculated and self-serving use of identity to navigate different social contexts and achieve his goals.

Mitchell engaged in manipulative behavior by exploiting the vulnerabilities of various individuals and groups. He feigned interest in the Seventh-day Adventist religion to gain shelter and meals, misrepresented religious beliefs to a police officer to avoid scrutiny, and posed as a needy worker to access the Smart family's home, ultimately targeting a person named Elizabeth. His ability to read and exploit the weaknesses of diverse individuals indicates a mental capacity inconsistent with psychotic illness. Evidence suggests that his professed religious persona is a strategic maneuver to derail legal proceedings, allowing him to exploit protections for mentally incompetent defendants to stall his case for nearly seven years. At the Utah State Hospital, he managed to reduce interactions with his treatment team and often engaged in vague, religiously-themed discussions when questioned, contrasting with his more rational conversations with staff. Observations of his behavior led to mixed assessments, with some staff describing him as boring while others found him engaging. His tendency to divert discussions to religious topics seemed to serve as a tactic to evade deeper questioning, rather than a symptom of mental illness. Expert testimony distinguished between extreme religious ideas and delusions based on the emotional intensity with which beliefs are held, noting that Mitchell displayed no anxiety typical of psychotic individuals.

Mitchell's behavior demonstrates a lack of distress related to his religious beliefs. His history includes panhandling, preaching, and accepting help from strangers, indicating a fearless lifestyle. The defense cites an incident where he angrily delivered a religious text to his mother as evidence of distress; however, discussions with family members revealed no signs of distress. Testimonies from Elizabeth and staff at the Utah State Hospital confirm they observed no distress during his captivity, and he never required clinical intervention for agitation. Dr. Whitehead noted a lack of significant distress, while Mitchell described feeling "at peace" during federal custody, maintaining a calm demeanor.

Witnesses did not corroborate claims of emotional turmoil, and while he was seen singing, it was often to provoke conflict rather than soothe himself. Allegations that his pacing and sleep issues indicated distress are speculative; these behaviors are linked more closely to his interests in lymphology and potential health issues rather than religious delusions. The defense suggests that Mitchell's avoidance of staff and passive activities like watching TV reflected distress, but this behavior appeared calculated to evade scrutiny. His prolonged silence, termed a "word fast," did not prevent him from communicating with peers or requesting assistance, and he only characterized this silence as an act of faith after legal proceedings began.

Mitchell's participation in "passive activities" appears to stem from his intentional refusal to engage in actions that could positively influence perceptions of his competence to stand trial, rather than from distress related to his legal situation. The distress he exhibited, as noted by marshals during Elizabeth Smart's testimony, was linked to the anxiety of facing his accuser rather than to his religious beliefs. His feelings of disappointment regarding the state's rejection of a plea deal and the characterization of the state's communication as "hateful/condemning" are rational responses to his circumstances. Testimony from Dr. Skeem indicates that Mitchell's distress is primarily related to the sex abuse charge rather than his faith.

The defense's claim that Mitchell's behavior might indicate a preoccupation with unexpressed religious delusions lacks evidential support and is speculative. Observations from his three-year stay at the Utah State Hospital suggest he was not preoccupied with religion; instead, he engaged in diverse discussions and activities unrelated to religious themes. Mitchell did not actively preach or share his extreme beliefs during this time, respected requests to avoid religious conversations, and engaged in a variety of non-religious topics. His reading habits included novels and biographies, not religious texts, and he maintained normal conversations about his past in the mainstream LDS Church without expressing extreme views. Furthermore, he did not make claims of receiving revelations or assume a prophetic identity consistently, indicating a lack of genuine preoccupation with his extreme beliefs.

Mitchell's behavior reflects a lack of genuine belief in his self-proclaimed religious authority, as demonstrated by his deference to patient John and inconsistent actions noted by staff. Evidence from the Utah State Hospital indicates that his primary interest was watching the TV show "Charmed," rather than religious matters. After three years without revelations, he began writing a Second BIDI coinciding with federal charges against him. His sudden focus on religious themes appeared self-serving, especially when he interacted with Dr. DeMier, who interpreted his claims as psychotic delusions. While Mitchell has a longstanding interest in religion, it has often been a tool for manipulation and control rather than a true obsession. During Elizabeth's captivity, his preoccupation with sexual matters overshadowed his religious discussions, as corroborated by Elizabeth's testimony and expert analysis. Incidents, such as his scheduling of sexual relations and subsequent disregard for it, further illustrate that his actions prioritize lust over faith. His revelations appear opportunistic, crafted to justify his behavior rather than reflecting a sincere religious commitment. Ultimately, Mitchell's motivations suggest a pattern of seeking excuses for his actions rather than a genuine preoccupation with religion.

Revelations do not seem to cause Mitchell any distress; rather, he appears to use them for self-soothing. The defense argues that evidence of Mitchell's normal functioning and lack of religious preoccupation stems from his delusions being "encapsulated." However, the evidence contradicts this theory, indicating that he maintains full control of his thoughts and selectively engages with religion. Dr. Gardner describes delusions as potentially "walled off," allowing individuals to function normally in daily life while keeping delusions separate from regular discourse. Encapsulated delusions may lead individuals to hide their beliefs, yet if a true delusional disorder existed, it would be evident beneath the surface, akin to an "itch waiting to be scratched."

Dr. Whitehead elaborates on encapsulation, suggesting individuals operate in two modes: a non-delusional mode, where they appear ordinary and coherent, and a delusional mode, characterized by rambling and nonsensical behavior. However, recordings of Mitchell’s discussions with Dr. DeMier reveal him as articulate and comprehensible, suggesting above-average intelligence. Delusional behavior would typically manifest in relevant situations, yet Mitchell's supposed delusions did not appear even during religious discussions. He successfully concealed his beliefs to access the Kemp home, where he engaged in polite conversation about the LDS faith without revealing his excommunication. He also feigned interest in other religious beliefs to secure assistance and discussed religious themes with authorities without claiming to be a prophet. The defense posits that Mitchell’s delusions emerge more strongly during clinical evaluations due to probing questions from mental health professionals.

Dr. DeMier's testimony indicates that patients can appear normal yet suffer from mental illness, especially evident during clinical interviews. However, in Mitchell's case, there is no evidence that his interviews with mental health experts probed his religious beliefs more deeply than other lengthy discussions, such as those with LDS missionaries. This suggests that if Mitchell could withhold his extreme beliefs during these engagements, he could similarly do so in clinical settings. Dr. Gardner argues that Mitchell's extensive discussions about religion would reveal delusions if he were truly delusional. The evidence contradicts claims of "encapsulation," as Mitchell demonstrated control over his beliefs in situations where they should have been fully engaged.

Mitchell's presentation and history do not indicate a psychotic illness; he lacks cognitive impairments typical of psychosis and functions inconsistently with severe mental illness. His family history, past mental health evaluations, decision to disconnect from society, and reactions to plea negotiations further undermine the notion of psychosis. Dr. Gardner, an experienced clinician, states that Mitchell's behavior is incompatible with psychosis, noting that cognitive deficits are characteristic of schizophrenia, which Mitchell does not exhibit. Instead, he shows remarkable abstract thinking and cognitive skills, as evidenced by the BIDI, which displays rational organization and extensive knowledge of religious texts. Dr. Peterson, an expert in religious studies, commends the sophistication of Mitchell's writing and analysis. Additionally, during his time at the Utah State Hospital, Mitchell engaged in complex games like chess, indicating significant concentration and strategic abilities, further supporting the conclusion that his cognitive processes are intact.

Mitchell engaged in extensive reading and discussions with hospital staff, which Dr. Gardner noted is atypical behavior for individuals with schizophrenia, who typically struggle with abstract thinking and cognitive processing. Dr. Gardner emphasized that schizophrenics lack the cognitive ability to engage in complex tasks like reading and conversing about intricate subjects. Additionally, Mitchell exhibited the capacity to make diverse self-serving decisions and demonstrated sophisticated cognitive and emotional processing skills, as evidenced by his ability to read situations and modulate his behavior effectively. 

A key instance highlighting his cognitive abilities was his videotaped FBI interrogation, where he maintained calm, confident demeanor and engaged effectively with interrogators, showcasing his ability to adapt to changing circumstances. Experts, including Dr. Welner, noted that no psychotic individual could have handled the interrogation as Mitchell did. During a court appearance, Mitchell presented himself as a repentant individual with fabricated yet sympathetic qualities, revealing his capacity to manipulate perceptions and serve his interests by appearing relatable and harmless. This strategic presentation indicated his awareness of how to influence his audience and demonstrated a keen ability to navigate social interactions effectively, contrary to expected behaviors of someone experiencing psychosis. Overall, the evidence suggests that Mitchell possesses significant cognitive and emotional competencies, enabling him to adapt and respond appropriately to his environment.

Mitchell exhibits a pattern of adopting different personas—shifting from Mr. Jensen to Peter Marshall—tailored to evade accountability for his actions, demonstrating adaptability to social contexts that distract from his anti-social tendencies. Dr. Welner notes that Mitchell's ability to respond to his environment in a persuasive and sympathetic manner contradicts a diagnosis of psychotic illness. The defense argues that Mitchell's religious fanaticism stems from psychosis rather than cultural influences, citing three aspects of his background: family history, adolescent behavior, and his choice to become homeless in the mid-1990s.

1. **Family History**: The defense claims a hereditary mental illness, pointing to a grandfather diagnosed with paranoid schizophrenia and a father with eccentric beliefs. However, genetic transmission rates of psychotic illnesses are low (10% from parent to child; 2-3% from grandparent to grandchild). Mitchell appears more influenced by his father's radical religious views than by any inherited mental illness, as he mimicked his father's self-identification as an elect man of God. Dr. Welner's study of fundamentalist sect leaders reveals that children of such leaders often adopt similar beliefs, indicating that Mitchell's radicalization is more likely a cultural phenomenon than a psychiatric condition.

2. **Adolescent Behavior**: The defense suggests that a referral to a psychologist in Mitchell's teenage years indicates an emerging psychotic disorder. However, this claim is based on a probation officer's non-expert assessment of Mitchell's behavior as "bordering on psychotic," rather than a formal mental health evaluation.

3. **Pedophilia Diagnosis**: Mitchell's diagnosis of pedophilia is uncontested, and research shows that co-occurrence of pedophilia with psychotic disorders is exceedingly rare (2.2%). In contrast, the likelihood of pedophilia coinciding with antisocial personality disorder is over 20%, suggesting a stronger association with personality disorders than with psychotic conditions.

In summary, the evidence indicates that Mitchell's behavior and beliefs are more influenced by cultural factors than by psychotic illness, with significant implications for understanding his actions and mental health.

Dr. Thomas evaluated Mitchell and diagnosed him with Behavioral Disorder of Adolescence, indicating no significant mental disorder except for one notable elevation on the A-social Index. Dr. Thomas noted aggressive and sadistic traits, aligning with Dr. Welner's assessment that Mitchell is a psychopath, not psychotic. Although there were early signs that could suggest psychosis, subsequent evaluations did not support this, including a thorough assessment thirteen years later revealing no mental illness. 

Evidence indicated that Mitchell's choice to become homeless was deliberate, stemming from a desire for freedom rather than an inability to maintain employment. He expressed a preference for panhandling and had been reading about tax evasion and survivalist living for years prior to this decision. Dr. Welner highlighted that while Mitchell's life with Wanda Barzee appeared functional externally, it was actually marked by dysfunction and financial strain due to his increasing radical beliefs and rejection of societal norms. Overall, the evidence supports that Mitchell's lifestyle choices were intentional and not indicative of a psychotic decline, contradicting claims of significant deterioration in his social and vocational capabilities during the 1990s.

Mitchell was a respected employee at Historical Artifacts before voluntarily moving to the American Academy of Lymphology, where he excelled in sales, prompting Dr. West to consider him for leadership of the business. Testimonies from Dr. Peterson and Richard Forbes indicate that Mitchell's beliefs aligned with those of fundamentalist LDS groups, countering claims that his beliefs were too extreme for similar communities. Scott Dean remarked that Mitchell's beliefs were not radical or unusual, while Allyssa Phillips noted that the West family shared his views and respected him. Julie Adkison found nothing odd about his beliefs, given her own background in a polygamist community. Evidence shows that during his travels with Barzee, Mitchell functioned effectively, managing logistics for their trip and maintaining connections with family and friends, including living arrangements with Barzee's family and his own mother. His gradual drift from the LDS Church, which began in the 1980s due to personal grievances and involvement with fundamentalist groups, culminated in his excommunication in 2002, refuting claims of a sudden decline in functioning. The defense's narrative suggesting a dramatic deterioration in Mitchell's mental state is contradicted by the evidence. In the context of plea negotiations, while the defense argues that Mitchell was delusional yet competent to enter an Alford plea, they also claim he was not competent to stand trial. However, the Supreme Court has established that competency standards do not vary by procedural context.

Competency to stand trial and to plead guilty or waive constitutional rights is assessed using the standard established in Dusky. A defendant cannot be deemed competent to enter a plea while simultaneously being incompetent for trial. Competency must be re-evaluated if there is evidence of a change in the defendant's mental state, as clarified in cases like Pate v. Robinson and Drope v. Missouri. The defense argues that changes in context trigger a reassessment, but the court maintains that it is a change in the defendant's mental condition that necessitates reevaluation. 

Dr. Skeem's evaluations indicated that Mr. Mitchell was competent at one point but later deemed incompetent, which the defense attributes to a deterioration of his mental state. However, evidence suggests no mental decline occurred during the six weeks between her reports. Mitchell's understanding of plea negotiations and the impact of the sexual abuse charge on his decision-making indicates that his reluctance to accept a plea was strategic rather than a result of diminished mental capacity. His negative reactions to the state’s refusal to drop charges were seen as rational expressions of frustration rather than irrational delusions. This crucial information regarding plea negotiations was absent in Dr. Skeem's second report and her lack of knowledge about these negotiations during the state competency hearing further complicates the defense's position.

The state court was misled by the absence of critical information about plea negotiations, leading to the erroneous belief that Mitchell's mental state had inexplicably deteriorated, rather than reflecting disappointment and a strategic need for adjustment after his plea was rejected. The court found no evidence of a significant change in Mitchell's mental condition related to the plea negotiations and concurred with the United States that his mental state had remained stable over time. Contrary to the state court's portrayal, there was no notable decline in Mitchell's functioning to suggest an active psychotic condition.

The defense proposed two psychotic diagnoses for Mitchell: schizophrenia and delusional disorder, arguing that the distinction was irrelevant since both include delusions. However, it was determined that Mitchell's religious beliefs did not qualify as delusions under diagnostic criteria. The essential difference between the two disorders is that delusional disorder involves non-bizarre delusions, which are theoretically possible, while bizarre delusions are implausible. Dr. DeMier assessed Mitchell's beliefs as bizarre, which led to a conclusion of schizophrenia, as bizarre delusions require only one symptom for diagnosis. The DSM-IV indicates that bizarre delusions are implausible and not grounded in ordinary experiences, contrasting with non-bizarre delusions that could conceivably occur in real life. Mitchell's beliefs were classified as magical and not scientifically or historically plausible.

Cultural context is crucial in assessing beliefs associated with schizophrenia, as the DSM-IV acknowledges that what may seem delusional in one culture can be accepted in another. For example, experiences involving auditory or visual hallucinations with religious significance may be normative in certain cultures. Mitchell's beliefs, while potentially viewed as delusional, align with the religious doctrines of his fundamentalist subculture, differing from mainstream LDS beliefs. Dr. DeMier, who rejected a cultural explanation for Mitchell's beliefs, noted their inconsistency with mainstream LDS doctrine and observed no fringe support for these beliefs. In contrast, Dr. Peterson, an expert in LDS beliefs, argued that Mitchell's ideas are culturally explainable and consistent with those of schismatic LDS groups, emphasizing that Mitchell is among many who claim a divinely ordained role. Dr. DeMier criticized Mitchell's self-identification as a divinely ordained figure with a special role in end times as bizarre, asserting that it reflects a delusion. However, Dr. DeMier's assertion that Mitchell claimed he would battle the Antichrist lacks supporting evidence, as this notion was not documented in key materials and appears to have been a manipulation of Elizabeth's beliefs. Furthermore, Dr. DeMier's interpretation of Mitchell equating himself with God misreads the relevant doctrine, as Dr. Peterson clarified that there is no such equivalence in Mitchell's writings.

The BIDI identifies its voice as Jesus Christ rather than Immanuel David Isaiah, reflecting intertextuality. Dr. DeMier cites a passage from the BIDI suggesting Mitchell believes he possesses powers greater than God, specifically stating, "Behold, thou art Immanuel, and I am God," which parallels a quote from the Book of Mormon. However, in the context of LDS scripture, this does not necessarily indicate a claim of superiority over God. Mitchell asserts he has been granted significant authority from God, including the promise of becoming a Davidic King, a claim common among various religious sects. His identification as the One Mighty and Strong aligns him with mainstream Mormon schismatics, indicating that his beliefs are culturally grounded rather than delusional. 

The court finds the diagnosis of paranoid schizophrenia to be erroneous, as Mitchell's beliefs are culturally explicable, not fixed, and do not cause him distress or functional decline. Instead, his behavior is attributed to personality disorders rather than psychotic illness, characterized by maladaptive traits. Both Dr. Welner and Dr. Gardner diagnose him with Narcissistic Personality Disorder, marked by grandiosity, a need for admiration, and lack of empathy. Mitchell's religious involvement is viewed as a means to enhance his authority and power, reflecting a pattern of using religion for personal gain, which persisted even during his time in the mainstream LDS Church. His dissatisfaction with the church stemmed from a belief that he was not achieving the desired level of power quickly enough.

Mitchell exploited Barzee's emotional instability and religious fervor, positioning himself as a prophet to gain absolute control over her. He manipulated her faith, similar to previous fundamentalist sect leaders, to establish a schismatic Mormon sect where he would wield unquestioned power. Mitchell's interest in polygamy was fueled by a desire to dominate women and girls within his religious framework. He specifically targeted young LDS girls, knowing he could exploit their trust in religious authority. During Elizabeth's captivity, he employed religious narratives to brainwash her and assert his dominance, creating an image of himself as a powerful figure engaged in a spiritual battle. His claims of divine revelations were strategic tools for manipulation, as he only reported these when they served his desires, such as justifying substance use or kidnapping. In a controlled environment like the Utah State Hospital, where he lacked influence, he refrained from claiming revelations to suit mundane needs, demonstrating a calculated approach to maintaining control. Mitchell's behavior aligns with narcissistic personality disorder, marked by a lack of empathy and sadistic tendencies, contrasting with the altruistic values typically found in genuine religious beliefs.

Mitchell is characterized as lacking empathy and failing to demonstrate any acts of kindness or charity. Evidence suggests he exhibits traits of malignant narcissism, which is a more severe form than that defined in the DSM. Dr. Gardner notes that Mitchell embodies the traits of a malignant narcissist, exhibiting an arrogant sense of self-worth and indifference towards others' well-being. His behavior includes grandiose claims of prophetic identity, manipulation of religious practices for personal gain, and plans to exploit vulnerable young girls under the guise of "rescuing" them. 

Mitchell shows no concern for the impact of his actions on these girls or their families, focusing solely on his desires. His social interactions are described as intimidating, and he has a history of aggressive behavior, including staring contests and combative responses to authority figures. He has exploited the kindness of others without reciprocation, living a parasitic lifestyle while seeking high-ranking positions in the LDS church without contributing service. Additionally, his malignant narcissism displays sadistic elements, as evidenced by his enjoyment in humiliating and deceiving victims, including disturbing acts towards family members and boasting about his manipulations to others in custody.

Malignant narcissists exhibit a lack of social conscience, often disregarding norms and others' rights while justifying their unethical actions through grandiose fantasies. Mitchell's professed religious beliefs exemplify this pattern, as he used them to rationalize his deviant behavior, including the kidnapping of virgin wives, which he claimed was divinely commanded. He characterized his treatment of victims Barzee and Elizabeth as necessary for their spiritual elevation. After his arrest, Mitchell provided religious justifications for his actions, asserting that Elizabeth willingly left with him after receiving divine guidance. This narrative, however, was never communicated to Elizabeth or investigators, suggesting it is a cognitive distortion rather than a sincere belief.

Cognitive distortions, common among sex offenders, help them rationalize and minimize their actions to appear more socially acceptable. These distortions are not psychotic; rather, they serve to deny and justify behavior. Studies of molesting priests reveal similar distortions, where offenders manipulate their perceived relationship with God to facilitate their actions. Like these priests, Mitchell presents himself as a man of faith, exaggerating his connection to God to legitimize his exploitative behavior. His claims of religious authority are tools for justifying his antisocial desires rather than reflections of genuine belief.

Mitchell is assessed as meeting the criteria for Antisocial Personality Disorder, as agreed upon by both Dr. Welner and Dr. Gardner. The criteria include: 1) failure to conform to lawful behaviors, 2) deceitfulness, 3) reckless disregard for others' safety, 4) consistent irresponsibility, and 5) lack of remorse. Psychopathy, a more specific construct within Antisocial Personality Disorder, is characterized by traits such as grandiosity, lack of empathy, and exploitiveness. Mitchell exhibits all symptoms of psychopathy outlined in the PCL-R assessment tool, notably glibness, which is demonstrated by his verbal skills and ability to manipulate conversations without revealing personal information. He has a history of escaping trouble through deception, as illustrated by various incidents where he evaded law enforcement. 

Grandiosity is another prominent trait, evident in his self-identification as a religious figure and his lifelong pursuit of power and authority. Additionally, Mitchell engages in pathological lying, adopting multiple facades to achieve his objectives, and has been observed to enjoy deceiving others. His manipulative nature is highlighted by his ability to significantly influence and brainwash individuals, including Wanda Barzee and Elizabeth Smart, during their captivity.

Mitchell employed threats targeting Elizabeth's vulnerabilities, including threats against her family, leading her to fearfully withhold her identity during police questioning. His manipulation was facilitated by her youth and Mormon background, making her susceptible to his religious coercion. Mitchell displayed a parasitic lifestyle, preferring to exploit others' generosity over working, and openly admitted to stealing, referring to it as "plundering." His actions demonstrated a profound lack of empathy and sadistic tendencies, evidenced by psychological evaluations labeling him as sadistic from a young age. His abusive behaviors included kidnapping his children, cutting off their mother, and ensuring his children had no contact with their grandmother, causing significant emotional harm. He also inflicted terror on his second wife by placing mice and roaches in her vicinity and deceived his stepdaughter into eating her pet rabbit. The systematic dehumanization of Elizabeth involved stripping her of her identity and dignity. Dr. Welner’s assessment indicated that Mitchell is a psychopath, a conclusion supported by detailed evidence, despite the defense's failure to challenge this characterization effectively during the hearings.

There is no contradictory evidence in the record against Dr. Welner's assessment that Mitchell meets the psychopathy criteria outlined in the PCL-R. While Dr. Skeem noted potential unreliability of the PCL-R in adversarial settings, the absence of defense experts using the PCL-R renders any alternative conclusions speculative. Dr. DeMier acknowledged that Mitchell exhibits numerous psychopathic traits, including grandiosity, deceitfulness, sadistic behavior, a parasitic lifestyle, and a lack of remorse and responsibility. Although Dr. DeMier disagreed with the classification of Mitchell's personality disorder as psychopathy, he conceded that many behaviors could be interpreted as such.

The court noted that the distinction between psychopathy and other personality disorders, such as Antisocial or Narcissistic Personality Disorder, is not critical; both Dr. Welner and Dr. Gardner confirmed that Mitchell meets the criteria for these disorders. Evidence indicates that Mitchell's behaviors are consistent with personality disorders rather than delusional disorders or schizophrenia. His extreme self-perception and religious role are self-serving, not delusional, as they are voluntarily used to gain authority.

Regarding Mitchell's competency to stand trial, expert testimony established that personality disorders do not hinder one’s ability to accurately interpret reality. Instead, they may lead to maladaptive decisions based on one’s worldview. Experts concurred that Mitchell's personality disorders do not undermine his competency, as he retains rational understanding and makes voluntary choices. His longstanding personality traits do not impair his reality perception; rather, they influence poor decision-making. Mitchell’s refusal to engage with the legal process following unsuccessful plea negotiations reflects his need to exert control, aligning with his beliefs about the legal system and consistent with his fundamentalist and constitutionalist background.

Mitchell's claims of martyrdom and miraculous release from prison are contradicted by his acknowledgment of likely spending his life in custody, suggesting these statements are efforts to enhance his societal image. His discussion with Dr. Skeem reveals concern about the stigma of a sexual assault conviction, indicating an awareness of trial consequences. The court concludes that his statements and behavior are voluntary and not indicative of a psychotic disorder. Furthermore, Mitchell's selective engagement with legal counsel reflects his self-interest; he expressed a desire for a like-minded constitutionalist attorney, although he does not have the right to choose his court-appointed lawyer. Evidence indicates he can participate in legal proceedings when it serves his interests, and his refusal to engage does not equate to incompetence. The court finds that his personality disorders do not impair his rational understanding of the legal process or his ability to consult with his lawyers.

Even if Mitchell suffers from a mental illness, he possesses the necessary competency abilities to stand trial. Experts acknowledged that individuals with delusional disorders or schizophrenia can still be competent. The presence of mental illness does not automatically imply incompetence to assist in one’s defense, as established in case law. The record supports that Mitchell has a rational understanding of the proceedings; he is described as highly intelligent and self-educated, capable of processing complex information and engaging in insightful discussions. His cognitive capacity is sufficient for understanding legal processes, demonstrated by his ability to advise other patients on competency hearings and explain the roles of various legal entities during his time at the Utah State Hospital.

An initial one-month evaluation determines competency in court proceedings, with competence leading to trial and incompetence prompting consideration for involuntary medication. Dr. DeMier testified that Mitchell demonstrated an accurate understanding of these processes. During the state proceedings, he showed particular interest in the involuntary medication hearings and asked relevant questions about them. Mitchell engaged in discussions about new involuntary medication legislation with his father and inquired about other patients' medication experiences, indicating awareness of potential forced medication. He displayed foresight by questioning whether singing in court could lead to involuntary medication.

Mitchell's written addition to his defense addressed each of the charges against him—burglary, sexual assault, and kidnapping—indicating a thoughtful reflection on his situation. He exhibited an understanding of the evidence against him during his first law enforcement interview, avoiding incriminating responses and acknowledging the strength of the case against him. He communicated to evaluators that he anticipated conviction and recognized the seriousness of the charges, including the public perception of him as a "child predator" and "monster." During plea negotiations, he was aware of potential sentences, stating that the state sought at least 30 years. Despite some claims of miraculous release, he expressed to his social worker an expectation of lifelong incarceration. The defense acknowledges Mitchell's factual understanding of the charges but argues that his rational appreciation is limited by his belief that his situation is governed by divine will.

Mitchell has indicated an expectation of spending his remaining days in custody and demonstrated a rational understanding of his potential sentence through his reactions to a state prosecutor's letter about federal prosecution. His involvement in plea negotiations reflects an interest in securing a lower sentence, along with concerns for his safety and housing in prison. The assertion that he passively submits to God's will is contradicted by his active plea negotiations and concerns about protective custody. There is no evidence that failed plea negotiations caused any irrational behavior or psychotic breaks. Seeking spiritual guidance aligns with his cultural background and indicates awareness of the situation's seriousness. The defense’s claim that Mitchell awaits "symbolic martyrdom" at trial lacks evidentiary support, and the record shows he has actively sought to delay trial proceedings. He refused to cooperate with competency evaluations by Dr. Gardner and Dr. Golding but engaged with Dr. Skeem to obtain a competency opinion favorable to plea negotiations. After failing to secure his desired plea, he ceased communication with Dr. Skeem following her determination of incompetence, suggesting a lack of incentive to pursue competency. He also declined to meet with Dr. Berge for reassessment and avoided competency classes at the Utah State Hospital. Throughout the federal proceedings, he did not express a desire to be found competent or martyr himself, and he consistently refused psychological testing that could clarify his competency status.

Mitchell underwent psychological testing twice—once in adolescence and again in the 1980s—both of which indicated no psychological illness. Dr. Welner asserts that Mitchell has consciously avoided detection of any mental health issues, noting the absence of paranoia or psychotic disorganization, suggesting his rational understanding of legal proceedings is intact. 

The court concludes that Mitchell possesses a present ability to consult with his attorney with a reasonable degree of rational understanding. Evidence shows he can cooperate with counsel to his advantage; for instance, he effectively discussed case strategies with his lawyer in San Diego and successfully followed advice to plead guilty, leading to his release. During court proceedings, he complied with his lawyer's directives and engaged in relevant legal discussions without resorting to religious references or distractions, demonstrating comprehension of the legal process.

Mitchell also articulated his understanding of his case and disclosed pertinent facts during discussions with both his treatment team and law enforcement, showing no signs of memory impairment or brain damage that would hinder his ability to recall relevant details. His capacity to work with and take advice from others is illustrated through his relationship with a fellow patient, John, with whom he engaged in discussions about both religion and legal matters, indicating his ability to evolve and learn in a supportive context. Overall, evidence suggests that Mitchell has the cognitive capacity and competence necessary to understand and engage in his legal proceedings.

Mitchell and John specifically collaborated on legal matters related to Mitchell's case, as indicated by a detailed thirteen-page document created by John that referenced both him and Elizabeth. Mitchell expressed a desire to be represented by an inmate he viewed as an expert in constitutional law, implicitly referencing John, which highlights his ability to engage with the legal system. Evidence shows that he actively participated with his attorneys during plea negotiations, an important aspect of determining competency, particularly regarding the decision to plead guilty. During these negotiations, Mitchell was willing to plead guilty but refused to accept a plea involving a sexual assault charge. After the state's rejection of a modified plea offer, Mitchell conveyed disappointment over the Smart family's change of stance and expressed concerns about potential federal prosecution if he did not receive a significant state sentence. His attorneys confirmed that he was fully informed about plea offers and maintained that the decision to accept or reject them was solely his. Although defense counsel questioned the accuracy of their statements regarding Mitchell's involvement, discussions he had with Dr. Skeem supported the notion that he was engaged and actively communicated with his lawyers. Mitchell exhibited rational decision-making by rejecting an undesirable plea deal and demonstrated a capacity to collaborate with counsel when he believed it served his interests. Recently, he engaged in discussions with his federal defense team, contradicting earlier claims of non-communication, and was observed interacting normally with them.

Defense counsel informed Dr. Welner about communications with Mitchell, but did not provide specific evidence of their interactions during the competency hearing, which is atypical. During closing arguments, Mr. Steele suggested that Mitchell displayed an indifference to his defense and a lack of participation, yet evidence indicates that Mitchell actively decides on his level of engagement based on perceived self-interest. He has effectively advocated for himself, skillfully managing his defense and avoiding scrutiny regarding his competency for trial. Mitchell has deliberately refrained from media engagement to protect his case, prioritizing his defense over his religious mission. The court acknowledges that while his courtroom presence might be deemed necessary for his defense, Mitchell is capable of appropriate behavior in court. The court, agreeing with Dr. Welner, views Mitchell's singing as a deliberate tactic to disrupt proceedings and feign incapacity. Despite defense claims that his singing is a psychotic reaction to stress, evidence shows he can maintain composure under pressure, as demonstrated during police interrogations where he did not exhibit distress. His calm demeanor during intense questioning suggests that his later resort to singing was a calculated move to regain control rather than an uncontrolled response.

Mitchell displayed attentive and composed behavior during various stressful court situations, demonstrating his ability to remain quiet and appropriate, notably during inquiries related to pedophilia. His earlier court appearances further illustrated his capability to conduct himself properly, as he entered not guilty pleas without disruption after both parties agreed on his competency for plea negotiations. A marked change in his courtroom behavior occurred when plea negotiations failed, suggesting that his disruptive actions are contrived and theatrical. Mitchell has admitted to intentionally singing in court to obstruct proceedings, particularly after recognizing that going to trial presented significant disadvantages for him. He expressed a belief that he would be found guilty if he proceeded to trial and stated he would never acknowledge guilt to avoid perpetual confinement in a hospital setting. The court concluded that, regardless of Mitchell's cooperation with his legal counsel, he possesses the ability to consult with his lawyer and has a rational understanding of the trial's nature and consequences. The court determined that he does not currently suffer from any mental illness that would impede this understanding, thus finding him competent to stand trial. A scheduling conference for trial arrangements is set for March 26, 2010.

The Fourth Circuit requires defendants to prove their incompetency by a preponderance of the evidence, establishing that they suffer from a mental disease or defect affecting their competency (United States v. Robinson, 404 F.3d 850, 856). Conversely, the Third, Fifth, Seventh, and Ninth Circuits place the burden on the government to prove a defendant's competency (citing cases from the respective circuits). The Eleventh Circuit indicates that the burden lies with the party making a motion for competency determination (United States v. Izquierdo, 448 F.3d 1269, 1276). The Eighth Circuit, in United States v. Whittington (586 F.3d 613), acknowledged support for the defendant's burden but did not decide on it, as the district court's competency finding was independent of the burden allocation. Similarly, the Second Circuit in United States v. Nichols (56 F.3d 403) also refrained from addressing the burden issue due to the district court's conclusion not being influenced by it.

The court examined whether Utah's competency standard exceeds the federal standard, as Utah law allows for a more comprehensive evaluation (Utah Code Ann. 77-15-2 and 77-15-5). Despite potential differences in standards, the court determined that the outcome in this case hinged not on the standards themselves but on the quantity of evidence available to the state versus federal courts. Furthermore, Mitchell's refusal to cooperate with psychological testing and evaluations hindered the evaluators' ability to fully assess his mental condition. The defense's position also appeared inconsistent regarding the relevance of the content of beliefs.

The defense argues that Mitchell's belief in a miraculous release from jail to fulfill a divine role undermines his capacity to understand the legal proceedings against him. His beliefs have been primarily inferred from the BIDI due to his reluctance to engage with evaluators. Dr. Skeem, who initially reported no significant impairment in Mitchell's competency, later retracted that assessment, claiming he was on the verge of incompetence and ultimately diagnosed him as incompetent after an October 29, 2004 interview. Dr. Golding acknowledged that Mitchell exhibited symptoms consistent with a disorder on the psychotic spectrum but did not specify a diagnosis. The defense emphasizes that Mitchell's belief in participating in a battle against an antichrist aligns with common themes in both LDS and broader Christian theology. Dr. DeMier provided testimony suggesting Mitchell exhibits sadistic tendencies, which he associates with psychopathy, indicating that such traits align with psychological constructs of psychopathy better than other diagnoses.