Attorneys say Barzee will fight attempts to forcibly medicate

Attorneys for accused Elizabeth Smart kidnapper Wanda Barzee maintain their client will fight any effort to forcibly medicate her while at the Utah State Hospital.

Barzee's defense team has filed its response to a motion filed by the Department of Human Services requesting a medication hearing.

"Ms. Barzee maintains her constitutional right to choose not to take medication," the defense said in documents filed in 3rd District Court.

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."

In a motion filed in February, the state said it had exhausted all treatment possibilities to restore Barzee's competency except medication, which Barzee refused to receive.

"Without medication, Ms. Barzee is not likely to make any further progress towards restoration of competency," the Department of Human Services said in court documents.

In their reply filed late last week, defense attorneys Scott Williams and David Finlayson argued, "There is no substantial likelihood of restoration in the foreseeable future and therefore no further restoration efforts are warranted under the applicable statutory law."

Her defense team argued against a medication hearing saying, "The existing record does not meet a threshold to trigger a hearing because there is little or no support for consideration of allowing forcible medication," according to court documents.

If 3rd District Judge Judith Atherton does grant a hearing, however, the defense has asked for "sufficient opportunity" to present its side in court.

Finlayson and Williams disagree with the Department of Human Services' contentions that medication is in Barzee's best interest, would not result in side effects that would affect her ability to assist in her criminal proceedings and that she is not likely to make any progress towards restoration of competency without medication.

Co-defendant Mitchell is currently waiting for his second competency hearing to continue. His next court date is scheduled for May 24.

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