Accused Elizabeth Smart kidnapper Brian David Mitchell's courtroom antics of screaming religious rants are apparently an exception to his behavior at the Utah State Hospital and not the norm, according to his doctor.
And Mitchell was violently attacked by another hospital patient in June who reportedly took exception to the alleged actions of the self-proclaimed prophet.
Those were two bits of information that came out of day one of Mitchell's scheduled three-day Sell hearing that will determine whether he can be forced to take anti-psychotic medication in an attempt to restore his competency so he can stand trial. Both Mitchell and his estranged wife, co-defendant Wanda Barzee, are accused of kidnapping and assaulting Smart in 2002.
As has become customary at his hearings, Mitchell was booted from 3rd District Judge Judith Atherton's courtroom Tuesday for disrupting the proceedings. But unlike prior hearings, where Mitchell has been escorted from the courtroom within 30 seconds of his arrival, Mitchell was allowed to ramble for more than 2 1/2 minutes Tuesday.
The long-haired, bearded Mitchell was led into the courtroom and kept his eyes closed the entire time. Mitchell started by speaking softly, eventually crescendoing to a scream. During his rant, he said several times to "speedily repent" without directly addressing anyone in the courtroom.
"Ye shall be smitten and destroyed both root and branch. ... Ye shall be swept off the face of this earth by a broom of destruction. ... The ax is laid at the root of the tree. ... Repent ye, repent ye of all thy whoredoms and murders. ... Ye know I speak the truth. Quake and fear and tremble before the Lord," Mitchell said.
Dr. Paul D. Whitehead, a clinical director and forensic psychiatrist at the State Hospital and Mitchell's attending physician, said the courtroom outbursts were "puzzling" because that's not the way he acts while at the hospital. Over the past two years that Mitchell has been at the hospital, Whitehead said he had only seen Mitchell make a "fuss" on two or three occasions, and never to the extent seen in court.
Whitehead was the only witness to take the stand Tuesday.
It also was revealed Tuesday that, in June, another patient took exception to the allegations that Mitchell sexually assaulted Smart, Whitehead said.
"(Mitchell) was hit and kicked a couple of times," he said.
Hospital staff found Mitchell pinned to the ground in the hallway outside his room being kicked and punched in the face "with full force," according to Whitehead. One of Mitchell's front teeth was knocked out, a second was chipped and the inside of his lip was cut, he said.
Although Whitehead described Mitchell as being primarily a "low-key guy" during his two years at the hospital, he admitted that Mitchell has thrown a few tantrums. For example:
• Mitchell has thrown or slammed trays to the ground when his specific food requests aren't met. Whitehead noted that Mitchell is very conscious about what he eats and his exercise.
• He has become upset when people don't address him as "Emmanuel."
• He got mad once at hospital staff for taking away his radio playing classical music while he jogged.
But Whitehead said Mitchell has "never carried on like he did this morning."
Mitchell was admitted to the State Hospital on Aug. 11, 2005, for the purpose of restoring his competency. With a couple of rare exceptions, he has refused to take part in any therapy sessions, especially over the past few months, Whitehead said.
When Mitchell first arrived at the hospital, Whitehead said he was able to talk to Mitchell, even about the possibility of taking anti-psychotic medications.
"He thought they would eventually be necessary. ... He was fairly open to that," Whitehead said. "He said any resistance would be symbolic in nature."
But now, Mitchell does not participate in any psycho-social group activities.
"Participating in anything that is government sanctioned is directly (contrary) to his covenant with God," Whitehead said.
Whitehead, however, questioned exactly how strong Mitchell's convictions are, noting that Mitchell has been making changes to his Book of Emmanuel and actually became a student to another patient, though he did not go into detail.
Mitchell himself has been proselytizing to newly admitted patients at the hospital, Whitehead said. In most cases, he is able to tell which patients he can get away with preaching to and those who don't want him around, Whitehead said.
"Mitchell gravitates to more impaired patients ... like a captive audience," he said.
But Mitchell is not preaching to people on a daily basis at the hospital, Whitehead said. He talks more about soy milk and movies than any type of religious speak. And he has shown no signs of "passive martyrdom."
Whitehead believes Mitchell suffers from a mixed type of delusional disorder, a grandiose type with persecutory features. He believes there is a 60 percent to 80 percent chance his competency will be restored with anti-psychotic medication. However, he admitted that the longer Mitchell's delusion goes untreated, the likelihood of restoring competency decreases.
Defense attorneys argued Tuesday that because of Mitchell's hepatitis C, studies have shown anti-psychotic medication might not work.
Ed Smart, Elizabeth Smart's father, attended the first part of Tuesday's hearing, the first for either Mitchell or Barzee that he's attended in two years.
"I wanted to find out why they found him incompetent," Smart said.
Smart said he doesn't doubt Mitchell has some sort of delusional disorder that makes him believe he is above the law. However, Smart also noted he believes Mitchell is "crazy like a fox."
"I think he knows what's going on," he said.
Elizabeth Smart, her father said, has told him about how Mitchell knew he had to hide from police while she was kidnapped. She also talked about how Mitchell and Barzee would constantly argue with each other, apparently in a struggle for power.
Smart said it was interesting to hear how Mitchell acted differently at the hospital compared to his outbursts in court. But he said he won't be attending any more of the Sell hearing.
"I saw what I needed to see," he said.
E-mail: preavy@desnews.com