Associated Press - November 6, 2009 6:05 AM ET
SALT LAKE CITY (AP) - Defense attorneys for the man charged in the 2002 abduction of Elizabeth Smart say a psychiatrist's report on his competency is advocacy, not an objective evaluation of facts.
In U.S. District Court filings released late Thursday, defense attorneys criticize Dr. Michael Welner and say he relied only on data or evaluations that support his own opinions.
They say Welner used information selectively, including notes from a doctor who treated Brian David Mitchell at the Utah State Hospital over several years.
Hired to evaluate Mitchell by federal prosecutors, Welner says the former street preacher is competent for trial.
Before Thursday, the documents had been sealed. A judge ordered the papers released after a group of media organizations challenged the sealed filings.
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