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UNITED STATES OF AMERICA, :
:
Plaintiff, : No. 2:08-CR-00125-DAK
:
vs. : NOTICE OF EXPERT TESTIMONY
: OF DR. MICHAEL WELNER
BRIAN DAVID MITCHELL, :
:
Defendant. :
:
the United States, by and through undersigned counsel, hereby gives notice of its
intent to call Dr. Michael Welner as an expert in its rebuttal case at trial. Dr.
Welner is expected to provide an expert opinion that Brian David Mitchell did not
Case 2:08-cr-00125-DAK Document 426 Filed 12/03/10 Page 2 of 4
suffer from a “severe mental disease or defect” at the time of the crime, as required
behavior, including: (a) that the defendant meets the diagnostic criteria of
antisocial personality disorder and meets the criteria for psychopathy, (b) that the
defendant meets the diagnostic criteria of narcissistic personality disorder, and (c)
that the defendant meets the diagnostic criteria of pedophilia, including an opinion
that the defendant demonstrates cognitive distortions typical of sex offenders; and
The bases and reasons for the opinions are contained in Dr. Welner’s report
(June 16, 2009), his testimony at the competency hearing (December 4, 7, 9 and
11, 2009), the discovery in this case, and testimony and evidence presented during
2
Case 2:08-cr-00125-DAK Document 426 Filed 12/03/10 Page 3 of 4
this trial. Dr. Welner’s qualifications are contained in his curriculum vitae, which
CARLIE CHRISTENSEN
United States Attorney
3
Case 2:08-cr-00125-DAK Document 426 Filed 12/03/10 Page 4 of 4
CERTIFICATE OF SERVICE
for the District of Utah and that a copy of the foregoing NOTICE OF EXPERT
Steven B. Killpack
Robert L. Steele
Parker Douglas
Audrey K. James
Utah Federal Defender Office
46 West Broadway, Suite 100
Salt Lake City, Utah 84101
Michael P. O'Brien
Jones Waldo Holbrook & McDonough
170 S. Main Street, Suite 1500
Salt Lake City, Utah 84101