Barzee delay irks judge

Third District Judge Judith Atherton expressed dissatisfaction Tuesday that a mental-competency evaluation has not been completed for Wanda Eileen Barzee, one of two suspects connected to the Elizabeth Smart kidnapping.

The judge set Dec. 1 as the date for Barzee's evaluation to be completed.

"I ordered this April 9. It's way beyond any reasonable deadlines," Atherton said. "I don't understand really why this is taking so long."

Barzee, 58, and her husband, Brian David Mitchell, 49, are charged with kidnapping Elizabeth, then 14, in 2002 and holding her for nine months.

Elizabeth was taken from her home during the night of June 5, 2002, sparking a nationwide search. On March 12, 2003, two couples in Sandy noticed three people walking near 10200 S. State and notified police, who subsequently arrested Mitchell and Barzee and returned Elizabeth to her father, Ed Smart.

David Finlayson, one of Barzee's court-appointed attorneys, said the two mental-health evaluators need more information before deciding whether Barzee is competent to stand trial. Some information is contained in records that may be entwined with other individuals, including Barzee's family members, who might assert their right to privacy and not want the records opened, he said. That could require going through the court process to get the records.

Finlayson also said this situation is more complicated because Barzee was in several states of the country during the time she allegedly took part in the kidnaping.

Barzee's age is also a factor, because the evaluators want to investigate as much as possible about her life dating back to her birth, Finlayson told reporters later.

Scott Williams, another attorney for Barzee, said the competency evaluation process "is not an adversarial process" and suggested that prosecutors could help get certain records released.

Defense attorneys have hired an expert investigator to work full-time procuring records.

However, Salt Lake County District Attorney David Yocom said the case was not a capital case and the competency evaluation should not require so much time. Yocom said that although he wants a complete and thorough evaluation, the evaluators have to determine only whether Barzee understands the charges against her and can help her attorneys in her defense.

Yocom also said his office has not gotten any requests for help in getting records and has cooperated as much as it can.

No competency hearing will be set for Mitchell until Barzee's competency evaluation is finished because prosecutors want to try the pair together.

Barzee and Mitchell are both charged with one count of first-degree felony aggravated kidnapping, two counts of first-degree felony aggravated sexual assault and two counts of first-degree felony aggravated burglary, and one count of second-degree felony attempted aggravated kidnapping.

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E-mail: lindat@desnews.com