Barzee faces new hearing

Noting that not all treatment alternatives have been explored, a judge ordered Friday a hearing to determine if Wanda Barzee, accused of kidnapping Elizabeth Smart, meets the criteria to be forcibly medicated in an attempt to restore her competency.

Attorneys believe the so-called "Sell" hearing will be the first of its kind in Utah. An exact date was not set Friday, but the court is looking at Nov. 22 as a possibility.

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.

She was ruled incompetent to stand trial in January 2004 and found to still be incompetent during her first review hearing in August 2004.

Barzee's one-year competency review was Friday. Once again, 3rd District Judge Judith Atherton agreed with doctors that Barzee was still incompetent to stand trial.

Unlike her estranged husband in his court appearances, Barzee was quiet and well behaved. She sat between her attorneys, smiled as they conversed and even laughed when a joke was made during a conversation between defense attorney Scott Williams and Atherton.

Dr. Eric Dale Nielsen, a clinical social worker with the state hospital, has twice examined Barzee.

"She has not made reasonable progress to competency," he said, noting that was due in part to her mental illness and her resistance to treatment.

Nielsen said Barzee often gave long rambling answers to questions, was unable to make rational decisions, did not believe it was necessary to defend herself in court, could not testify relevantly and would have trouble providing her attorneys with information.

Of the more than 530 days she has been at the hospital, Nielsen said Barzee had attended therapy sessions less than a dozen times. But even if she attended more sessions, he said he doubted it would help.

In order to send Barzee back to the state hospital for another 18 months, there had to be some finding of progress being made.

"The question becomes, where do we go from here?" Atherton said. "That's the million dollar question: Is there any reasonable progress?"

Atherton said there was not a clear answer because not all treatment possibilities had been explored.