Judge rules Barzee incompetent

Wanda Barzee, the woman accused of kidnapping and assaulting Elizabeth Smart along with co-defendant Brian David Mitchell, was ruled incompetent to stand trial Friday by 3rd District Judge Judith Atherton.

Barzee, 58, was ordered to be committed to the Utah State Hospital for treatment. There were questions, however, about exactly when Barzee would be admitted to the hospital and what kind of treatment she would receive.

As of Friday, the state hospital was full. All 74 beds were occupied, and there were already 10 people on a waiting list to get in, said Department of Human Services spokeswoman Carol Sisco. She said Friday it usually takes about five or six weeks for space to become available.

Utah State Hospital Mental Health Director Randy Bachman said the lack of beds was due to recent budget cuts that forced the hospital to reduce its number of beds by 26.

As to whether Barzee would get any type of priority because of the high-profile nature of her case, the hospital said no.

"All of these people have serious issues," Sisco said of those on the waiting list. "We will proceed in the order we receive the requests."

Until then, Barzee will remain at the Salt Lake County Jail.

Initially, Barzee challenged the findings of the two evaluators who found her mentally incompetent to stand trial. She wanted to have a competency hearing that was closed to the public.

But once several media organizations, including the Deseret Morning News, challenged the decision to close the hearing, Barzee opted instead to waive the hearing. Atherton was left to base her decision of competency on the evaluations of the two doctors.

Defense attorney Scott Williams read a statement from Barzee in court Friday that was included in her motion to waive her competency hearing. In that statement, she said she did not accept the findings of the evaluators and "do not believe myself to be mentally ill or infirm or incompetent in the eyes of the Lord."

Atherton said she used several criteria to determine whether Barzee was competent. Both doctors found her mentally ill, although each reached different conclusions on the type of illness she had.

One doctor concluded Barzee suffered from "shared psychotic disorder" or "shared delusional disorder." The other diagnosed her with paranoid schizophrenia. Based on those reports, Atherton said she believed Barzee was able to understand the charges against her and the possible penalties and to consult with her attorneys.