The Salt Lake District Attorney's Office, however, believes Atherton's ruling was solid because it was backed by experts who testified during the competency hearing that medication would be best for Barzee and would have a good chance of working. Because of that opinion, deputy district attorney Kent Morgan said he was surprised when the state's high court agreed to hear the case.

"Judge Atherton said Barzee is likely to get better with medication. That's the only issue that was not stipulated to by everyone on the case. It's not up to the appellate court to make fact determinations that should be made by the trial courts," Morgan said. "The prosecution thinks it wasn't even a close question. On one side you had clear predictions, on the other side you had very unsupported predictions of what would happen. This is clearly a factual finding that should be upheld."

Ten days after Barzee's hearing, all eyes will be on Mitchell, who makes a return to the courtroom for his one-year evaluation of his progress at the Utah State Hospital. At that time, Atherton is expected to hear arguments about whether Mitchell should be returned to the state mental hospital for more treatment because he remains incompetent for trial, or if he is now suited for the criminal charges against him to proceed.

Because of federal privacy laws, information about how Mitchell has been doing at the hospital can't be released except in court.

Mitchell's previous courtroom appearances have become sideshow spectacles. The self-proclaimed prophet's routine includes being led quietly into the courtroom, sitting at the table with his attorneys and then singing or yelling religious phrases as soon as the hearing begins. The result is his immediate removal from the courtroom.

Mitchell was tossed out of court at least a half-dozen times in 2005.

Whether Mitchell and Barzee are put in a mental institution for the rest of their lives or in prison doesn't really matter to the family at the center of the kidnapping. All that matters is they are kept locked up and away from the public, said Ed Smart, Elizabeth's father.

"I do not want to see him get out. I truly believe that, based on his beliefs, he would (kidnap) again. I don't think anything is going to stop him except being incarcerated — whether it's in the state facility or jail or (he) ends up being civilly committed. I don't think he's going to change his views, his beliefs," Smart said. "I believe he knows he's not doing the right thing according to our laws, but he doesn't give two hoots about it."

Smart wasn't even aware of the two court hearings in December until he was told about them by the Deseret Morning News.