From Deseret News archives:
State reaffirms its support for force-medicating Barzee
Prosecutors say drugs to help restore her mental competency
The Department of Human Services filed its reply this week in 3rd District Court to an earlier court filing by Barzee's defense team.
After the state requested in February a medication hearing, defense attorneys David Finlayson and Scott Williams filed a response saying their client will fight any effort to forcibly medicate her.
Barzee's attorneys also argued that there is no evidence that forced medication would do any good and the standard for permitting involuntary medication was not present.
In its reply, the state said, "There is legal support for the state's position and anti-psychotic medication is substantially likely to restore people to competency," according to court documents.
The state cited other cases where courts had ordered involuntary medication that proved effective and did not cause side effects to the patient. It also restated its request for a hearing on the matter.
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 originally ruled incompe- tent more than a year ago.
Mitchell is waiting for his second competency hearing to continue. His next court date is scheduled for May 24.
The Department of Human Services said it had exhausted all other options in treating Barzee without success except for medication, which she refuses to take.
The department also said that Barzee's mental health had "deteriorated" since December and that she had taken vows of silence as directed by God, who is sending messages to her through movies.
E-mail: preavy@desnews.com
