From Deseret News archives:

Barzee accepts ruling on her sanity

But she asserts she doesn't consider herself mentally ill

Published: Friday, Jan. 9, 2004 11:03 a.m. MST
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Barzee had been scheduled for a competency hearing today in front of Judge Judith Atherton. Her lawyers had asked for that hearing to be closed, and Atherton was scheduled to rule on media requests to open the hearing immediately beforehand.

Barzee's lawyers had filed the hearing waiver under seal Wednesday, but on Thursday media attorneys jointly sent a letter to Atherton requesting an emergency hearing to unseal the documents. The letter was signed by attorney Jeff Hunt, representing the Deseret Morning News, KSL-TV, the Society of Professional Journalists and The Associated Press, and Michael O'Brien, representing the Salt Lake Tribune.

Barzee's defense attorneys, Williams and Finlayson, could not be reached for comment Thursday.

Because both evaluators found Barzee incompetent to stand trial, without an evidentiary hearing it is likely that Atherton will officially declare her incompetent.

The judge could then order Barzee be admitted to the state mental hospital and be re-evaluated in 60 to 90 days. If she is determined to still be incompetent at that time, she could be sent back to the hospital until another re-evaluation date is set.

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In waiving the competency hearing, Barzee wrote, "It is the will of the Lord that, at times, the righteous will suffer. Thus, as with all that has befallen me, I believe that the actions and ruling of this court reflect the will of the Lord, and I accept them as such."

Mitchell's competency hearing is scheduled for Jan. 27. One doctor has declared Mitchell competent to stand trial while another evaluator has found him incompetent. It was unknown how Thursday's developments might affect that hearing.


E-mail: preavy@desnews.com

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