Barzee is unfit for trial

A 3rd District judge ruled Tuesday that Wanda Barzee was still incompetent to stand trial but said there was "substantial probability she may become competent in the foreseeable future."

Barzee, 58, who faces charges in the 2002 kidnapping of Elizabeth Smart, was ordered back to the Utah State Hospital for further treatment. Her next scheduled evaluation update is in one year, on Aug. 10, 2005.

During Barzee's previous court appearance in June, her attorneys argued that a 90-day evaluation report prepared by Dr. Gerald Berge from the hospital indicated their client's mental competency did not have the chance of being restored in the near future and that she should be released from state custody.

Tuesday, Berge delivered nearly two hours of testimony in court, answering questions in detail about his report.

He admitted it had been difficult to properly evaluate Barzee at the hospital because she was "not open to some of the procedures" and "she said she was asked not to speak about incident events (related to the kidnapping).

"She has made it clear since the first day she objected to many treatment procedures," he said.

Berge said Barzee still had ongoing "revelations" tied to both her religious beliefs and some of the beliefs she shared with her husband, co-defendant Brian David Mitchell.

Berge revealed that Barzee believes Mitchell was "given keys to the kingdom" by former LDS President Ezra Taft Benson, thereby establishing Mitchell as "head of the church."

She also believes she had a relationship with Johann Sebastian Bach in the pre-existence, and "he was present at one of her organ recitals," Berge said.

Barzee's dependence has apparently shown a shift from Mitchell to her defense team of David Finlayson and Scott Williams, who she claimed are "being directed by God," Berge said. Barzee also said God was directing the outcome of her case.

But Berge also noted that when Barzee did attend group therapy sessions at the hospital she did well and was a "pleasant participant." He admitted, however, her attendance was "rather selective."

Based on his evaluation and reading the reports of two court-appointed doctors prior to her commitment to the hospital, Berge said Barzee "certainly looks more competent that she was described in those reports."