State Hospital suggests medicating Barzee

The Utah State Hospital says it has tried every option except one to restore the mental competency of Wanda Barzee, accused of kidnapping Elizabeth Smart.

Now, the hospital is asking 3rd District Judge Judith Atherton to decide whether it can forcibly medicate her.

"The staff at the Utah State Hospital believes that administration of anti-psychotic medication is in Ms. Barzee's best medical interest in light of her current medical condition. Less intrusive means . . . have been exhausted and have not been successful," according to court documents. "Without medication, Ms. Barzee is not likely to make any further progress towards restoration of competency."

Barzee has refused all medications and her attorneys have indicated in the past they will fight any involuntary medication efforts.

"Our legal opinion is, they cannot force-medicate her," Barzee's attorney, Scott Williams, said in an interview in January 2004.

He also said during that interview he would be surprised if it's determined that medicating his client would be the answer to restoring her competency.

Barzee, 59, and her husband, co-defendant Brian David Mitchell, 51, were indicted by a state grand jury on charges of aggravated kidnapping, two counts of aggravated sexual assault, two counts of aggravated burglary and conspiracy to commit aggravated kidnapping.

Barzee was ruled incompetent to stand trial over a year ago. A hearing was held in August for an update on her status. At that time, Atherton ruled Barzee was still incompetent but that there was "substantial probability she may become competent in the foreseeable future."

Defense attorneys for Barzee will now have a few weeks to prepare a response to the motion for involuntary medication. A hearing to consider the motion could be held within 60 days.

In the case of Sell vs. United States in 2003, the U.S. Supreme Court allowed for involuntary medication if four criteria were met: there is important government interest at stake; the involuntary medication will significantly further those important governmental interests; it is necessary to further the state's interest; and it is medically appropriate.

Assistant Utah Attorney General Susan Eisenman, who is handling the case for the State Hospital, said doctors from the hospital would likely be called to testify that they've exhausted all other resources to help restore Barzee's competency except medication.