Barzee case entering new territory

A judge and attorneys agreed Wednesday they are entering new territory in determining whether Wanda Barzee, charged in the kidnapping of Elizabeth Smart, can be medicated by force in an effort to make her competent to stand trial.

Barzee was ruled incompetent to stand trial in January 2004 by 3rd District Judge Judith Atherton. During her first review hearing in August 2004, Atherton said Barzee was still incompetent to stand trial but that there was "substantial probability she may become competent in the foreseeable future."

Barzee's attorneys were in court Wednesday for their client's one-year review hearing. Barzee was not required to attend the hearing and chose to stay at the state hospital.

That issue was continued, however, to Sept. 16 because neither the judge nor the defense had received a copy of the evaluation report from the State Hospital.

But the hearing briefly addressed the issue of forced medication.

The Utah Attorney General's Office, which represents the Utah State Hospital and Department of Corrections in legal matters, filed a motion several months ago requesting permission to try to forcibly medicate Barzee to competency.

Barzee has so far refused all medicated treatments, and her attorneys said they would fight any efforts to forcibly medicate her.

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.

Mitchell was also declared incompetent to stand trial July 26. A court order to move him to the Utah State Hospital was filed Monday. As of Wednesday afternoon, Mitchell was still at the Salt Lake County Jail waiting to be moved.

Assistant Utah Attorney General Susan Eisenman, who is handling the case for the State Hospital, said the hospital has exhausted all other resources except medication. Now doctors need to know what to do next.

"We have been court ordered to restore her. We need direction from the court on our next move," she said.

The case is new ground for all parties. What's unique about it, Eisenman said, is that Barzee is competent enough to meet her daily needs and is not considered dangerous, but the hospital is required to do all it can restore her competency so she can participate in her criminal proceedings.

"I've never seen a request for forced medication in a competency case before," Atherton said.

Likewise, Salt Lake District attorney Kent Morgan said he had never handled such a case in his career.

Because of the uniqueness of the motion, Atherton said she wanted to make sure all procedures were followed properly and asked the A.G.'s office to first officially file a motion to act as an intervener.

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