Case 2:08-cr-00125-DAK Document 426 Filed 12/03/10 Page 1 of 4

CARLIE CHRISTENSEN, United States Attorney (#633)

FELICE JOHN VITI, Assistant United States Attorney (#7007)
DAVE BACKMAN, Assistant United States Attorney (#8044)
DIANA HAGEN, Assistant United States Attorney (#8205)
ALICIA COOK, Special Assistant United States Attorney (#8851)
Attorneys for the United States of America
185 South State Street, Suite 300
Salt Lake City, Utah 84111
Telephone: (801) 524-5682
Facsimile: (801) 524-6926

IN THE UNITED STATES DISTRICT COURT

DISTRICT OF UTAH, CENTRAL DIVISION

:
UNITED STATES OF AMERICA, :
:
Plaintiff, : No. 2:08-CR-00125-DAK
:
vs. : NOTICE OF EXPERT TESTIMONY
: OF DR. MICHAEL WELNER
BRIAN DAVID MITCHELL, :
:
Defendant. :
:

Pursuant to Rule 16(a)(1)(G) of the Federal Rules of Criminal Procedure,

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

to establish the insanity defense. Dr. Welner’s testimony is expected to include:

1. An opinion that the defendant does not suffer from delusional

disorder or schizophrenia, including a discussion of (a) whether his beliefs are

sincere or consistently held, (b) cultural explanation, (c) preoccupation, (d)

distress, and (e) social and occupational deterioration;

2. An explanation of how evidence over the course of the defendant’s

life does not reflect psychosis;

3. Opinions as to alternative diagnoses that explain the defendant’s

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

4. An explanation for the defendant’s behavior in court.

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

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this trial. Dr. Welner’s qualifications are contained in his curriculum vitae, which

has been provided to the defense.

DATED this 3rd day of December, 2010.

CARLIE CHRISTENSEN
United States Attorney

/s/ Diana Hagen

DIANA HAGEN
Assistant United States Attorney

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 Case 2:08-cr-00125-DAK Document 426 Filed 12/03/10 Page 4 of 4

CERTIFICATE OF SERVICE

I hereby certify that I am an employee of the United States Attorney's Office

for the District of Utah and that a copy of the foregoing NOTICE OF EXPERT

TESTIMONY OF DR. MICHAEL WELNER was mailed postage prepaid,

delivered through interoffice mail, or electronically filed to all parties named

below, this 3rd day of December, 2010.

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

/s/ Diana Hagen

_________________________________