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Dr. Michael Welner's Report on Brian David Mitchell

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Dr. Michael Welner's Report on Brian David Mitchell THE FORENSIC PANEL 224 W. 30 TH ST., SUITE . 806 NEW YORK , NY 10001 TEL : 212.535.9286 FAX : 212.535.3259 MICHAEL WELNER , M.D., CHAIRMAN Brett L. Tolman United States Attorney 185 South State St. Suite 300 Salt Lake City, UT 84111 U.S. vs. Brian David Mitchell June 16, 2009 Dear Mr. Tolman, Pursuant to your request, I have conducted a peer-reviewed forensic psychiatric examination of the above defendant. He is a 55 year old native of Utah charged with kidnapping, kidnapping of a minor, and unlawful transportation of a minor. Brian Mitchell is accused of seizing Elizabeth Smart, then fourteen, and taking her into the mountain wilderness with his wife Wanda Mitchell and then, to Southern California. In the time span preceding Brian Mitchell’s capture, he is alleged to have engaged in forced sex with Elizabeth. Subsequent to his arrest, three examiners filed reports on his competency. On August 30, 2004, with reports having been filed by all expert witnesses, defense and prosecution agreed that Mr. Mitchell was competent to engage in plea negotiations. When plea negotiations failed, the defense modified its position on competency. After competency proceedings in early 2005 in which expert witness mental health professionals testified, Mr. Mitchell was declared incompetent to stand trial in Utah state court on July 22, 2005 by Judge Judith Atherton. On October 10, 2008, the case was transferred to the U.S. District Court of Utah. The United States’ Attorney’s Office subsequently referred this matter to The Forensic Panel for an independent assessment of the following questions: 1) Does Mr. Mitchell have the capacity and ability to understand the charges against him? Does the defendant have a rational as well as a factual understanding of the proceedings against him? What evidence speaks to these issues? 2) Does Mr. Mitchell have sufficient present ability to consult to his attorney, with a reasonable degree of rational understanding? What evidence speaks to this issue? Re: Brian Mitchell The Forensic Panel – Michael Welner, M.D. June 16, 2009 Page 2 of 206 3) Does Mr. Mitchell have the capacity and ability to assist in his defense? What evidence speaks to this issue? 4) Does Mr. Mitchell meet criteria for a psychiatric diagnosis? What is that diagnosis(es) or constructs? 5) How do the above diagnoses speak to Mr. Mitchell’s decision-making in these proceedings, and in his relatedness to others? 6) What is the relationship of religious zeal of a fundamentalist adherent to Mormon doctrines to diagnostic questions? 7) Does Mr. Mitchell have a mental condition in which he does not have a sufficient contact with reality? What evidence speaks to this issue? 8) Does Mr. Mitchell have the ability to perceive accurately, interpreting and responding appropriately to the world around him? What evidence speaks to this issue? 9) Does Mr. Mitchell’s have capacity to knowingly, intelligently, and voluntarily waive the insanity defense? What evidence speaks to this issue? SOURCES OF INFORMATION 1. Report of Stephen Golding, Ph.D, September 24, 2003 2. Report of Noel Gardner, M.D., September 19, 2003 3. Report of Jennifer Skeem, Ph.D., September 16, 2004 4. Decision of Hon. Judith Atherton, July 22, 2005 5. Report of Gerald Berge, Ph.D., November 14, 2005 6. Report of Gerald Berge, Ph.D., December 4, 2006 7. Report of Jennifer Skeem, Ph.D., February 1, 2005 8. Transcript of competency hearing, February 16-17, March 11, May 24, & July 7, 2005 9. Police investigation reports from arrest 10. Transcript of interview of Elizabeth Smart, by Det. Cathy Schoney and SA Travis Thiede, March 12, 2003 11. Videotape of interview of Brian Mitchell, March 12, 2003 12. Interview of Wanda Mitchell, March 12, 2003 13. Interview of Elizabeth Smart, March 12, 2003 14. Papers of Brian Mitchell 15. Journey Through the Land, Wanda Mitchell 16. Birth of Zion, Wanda Mitchell 17. In Plain Sight, Tom Smart and Lee Benson 18. Under the Banner of Heaven, Jon Krakauer 19. Rough Stone Rolling, Richard Bushman 20. Brian David Mitchell and Karen Mitchell – Divorce and Custody proceedings 21. Brian David Mitchell and Debbie Mitchell – Divorce and Custody proceedings Re: Brian Mitchell The Forensic Panel – Michael Welner, M.D. June 16, 2009 Page 3 of 206 22. Evaluation of Linda McNeil, MA, June 1985 23. Children’s Service Society file of Brian Mitchell 24. Letter from Kayleen Mitchell, Ph.D., sister of Brian Mitchell, to Lillian Flowers, Children’s Service Center, October 28, 1983 25. Notes of Irene Mitchell, Brian Mitchell’s mother, August 1973 – October 1983 26. Child abuse and neglect reports 27. Employment records of Brian Mitchell 28. Medical records of Brian Mitchell 29. Juvenile records 30. Notes from Office of Recovery Services 31. Arrest records of Brian Mitchell 32. Records from Salt Lake City Jail, March 2003 – January 2004 33. Evaluation and treatment notes of Tanya Thomas, Ph.D., July-September 1970 34. School records 35. Marriage documents 36. Records of Irene Mitchell vs. Brian & Wanda Mitchell , May 2002 37. Utah State Hospital records, August 2005 – August 2007 38. Treatment plans 39. Utah State Hospital Records of Franklin Mitchell 40. Order for competency examination, Judge Samuel Alba, November 19, 2008 41. Book of Immanuel David Isaiah, April 6, 2002 42. Calendar, maintained by Wanda Mitchell 43. Notes of Elizabeth Smart 44. Lafferty vs. Cook, decided December 9, 1991 45. Report of Richart DeMier, February 4, 2009 46. God’s Brothel, by Andrea Moore-Emmett, 47. Discussion with FBI Agent Eric LeRohl, March 13, 2009 48. Interview of Elizabeth Smart, by Park Dietz, March 14, 2009 49. Correspondence re: plea negotiations, September 2004 50. Interview of Brian Mitchell by Rick Demier, Ph.D. December 5, 9, & 10 2008 51. Translation of Wanda Mitchell’s shorthand writings 52. Discussion with Elizabeth Smart, April 7, 2009 53. Notes of interview of Brian Mitchell, by SA George Dougherty, March 14, 15, & 17, 2003 54. Notes of interview of Leslie Miles, RN by SA Eric Lerohl and TFO Ryan Cleverly, March 26, 2009 55. Notes of interview of Carma Karsten, RN by SA Greg Rogers and TFO Greg Knapp, March 26, 2009 56. Notes of interview of Tracey Killpack (Hurd) by TFP Trudy Cropper and SA Russell Johnson, March 26, 2009 57. Notes of interview of Jan Jakeman, RN by SA Greg Rogers and TFO Greg Knapp, March 26, 2009 Re: Brian Mitchell The Forensic Panel – Michael Welner, M.D. June 16, 2009 Page 4 of 206 58. Notes of interview of Jeffrey Smith by SA Greg Rogers and TFO Greg Knapp, March 26, 2009 59. Notes of interview of Heather Houghton by SA Russell Johnson and TFO Trudy Cropper, March 26, 2009 60. Notes of interview of Korey Larsen by TFO Trudy Cropper and SA Russell Johnson, March 26, 2009 61. Notes of interview of David Jones by SA Russell Johnson, March 30, 2009 62. Notes of interview of Tye Jensen by SA Eric Lerohl and SA Patrick Brosnan, March 31, 2009 63. Notes of interview of Jill Rafiner (Branin) by SA Eric Lerohl and SA Patrick Brosnan, March 31, 2009 64. Notes of interview of Daniel Brady, by SA Eric Lerohl and SA Patrick Brosnan, March 31, 2009 65. Notes of interview of Dustin Salisbury by SA Blake Anderson, April 3, 2009 66. Notes of interview of David Talley by SA Eric Lerohl, April 7, 2009 67. Notes of interview of Debbie Mitchell by Sgt. Kevin Judd, June 23, 2003 68. Discussion with defense attorneys, April 28, 2009 69. Interview of Brian Mitchell, April 28, 2009 70. Interview of Dick Forbes, April 29, 2009 71. Notes of interview of Christy Daum by SA Eric Lerohl, March 31, 2009 72. Notes of interview of Brigham Andrew by SA Eric Lerohl, April 8, 2009 73. Notes of interview of Gregory Porter by SA Eric Lerohl, April 20, 2009 74. Notes of interview of Kathryn Hills by Sgt. Kevin Judd, June 18, 2003 75. Notes of interview of Judith Nielson by TFO T Cropper, April 20, 2009 76. Notes of interview of Rodney Jay by SA Patrick Brosnan, April 20, 2009 77. Notes of interview of Todd McAllister by TFO T Cropper, April 20, 2009 78. Notes of interview of Tye Jensen by SA Patrick Brosnan, April 20 & 24, 2009 79. Notes of interview of Gregory Porter by SA Eric Lerohl, March 26, 2009 80. Notes of interview of Joseph Liddle by TFO Dan Wendelboth, March 26, 2009 81. Notes of interview of Judith Fuchs by TFO Dan Wendelboth, March 26, 2009 82. Notes of interview of Melissa King by TFO Dan Wendelboth, March 26, 2009 83. Notes of interview of Rodney Jay by TFO Dan Wendelboth, March 26, 2009 84. Notes of interview of Jessica Hardy by SA Russell Johnson, April 20, 2009 85. Notes of interview of Jane Jakeman by SA Russell Johnson, April 20, 2009 86. Notes of interview of Leslie Miles by SA Eric Lerohl, April 20, 2009 87. Notes of interview of Judith Fuchs by TFO Trudy Cropper, April 24, 2009 88. Notes of interview of Cameron McGary by SA Eric Lerohl, April 16, 2009 89. Library books list 90. Discussion with Alyssa Phillips, May 14, 2009 91. Transcript of interview of Debbie Mitchell, Rebecca Woodbridge, Sarah & Joey Mitchell, Larry King Live, March 12, 2003 Re: Brian Mitchell The Forensic Panel – Michael Welner, M.D. June 16, 2009 Page 5 of 206 92. Transcript of interview of Mark & Derrick Thompson, Larry King Live, March 12, 2003 93. Articles from local newspaper about observations of Elizabeth Smart in captivity 94. Interview of Jerry Larue, by SA Kris Robinson, May 5, 2003 95.
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