From Deseret News archives:

High court: Barzee to be forcibly medicated

Published: Friday, Dec. 14, 2007 3:42 p.m. MST
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In the majority opinion written by Justice Matthew B. Durrant, however, the justices determined that Atherton's ruling based on the evidence was not "clearly erroneous."

"The issue of whether medication is substantially likely to render Ms. Barzee competent to stand trial ultimately involves a disagreement among experts," Durrant wrote.

"Ultimately, the district court was faced with complicated and conflicting expert testimony," he wrote. "The district court ... did not ignore the defense experts' testimony, but carefully weighed and reviewed all of the evidence."

Ed Smart, Elizabeth's father, said Friday he was pleased with the high court's decision.

"I'm glad the right thing happened," he said. "Barzee, and hopefully Mitchell to follow, should be forcibly medicated. It's the right thing. There's no guarantee it'll make a difference, but it's a step in the right direction," he said.

Smart said he left a voice mail message for his daughter, who was busy taking her finals at BYU, on Friday telling her of the news. He said he talked with her a couple of days ago about the upcoming decision.

"Certainly she wants to see them held accountable for their actions," Ed Smart said.

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A spokesman for the Department of Human Services said his office and doctors at the Utah State Hospital would first review the Supreme Court order and talk to the Utah Attorney General's Office in order to formulate a plan on how to proceed with Barzee.

In 2006, when Atherton first ruled Barzee could be forcibly medicated and before the decision was appealed, former Human Services spokeswoman Carol Sisco said that did not mean doctors would not tie her to a gurney and force medications on her. A first step would be to have a discussion with Barzee and let her be part of the process, let her decide whether she would be more comfortable taking the medication orally or through injection.

If she still refuses, Sisco said doctors would have the option to take more forceful measures. Once doctors begin administering medication, it will still take several weeks to several months to determine which medication is most effective.

A ruling from Atherton on whether Mitchell can forcibly medicated is still pending.

Salt Lake Deputy District Attorney Alicia Cook said prosecutors were pleased with the decision.

"I think it is the correct decision," she said, while noting the DA's office was ready to move forward.


E-MAIL: preavy@desnews.com

Recent comments

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