Judge decides Barzee will be forced to take medications

Wanda Barzee, accused of kidnapping Elizabeth Smart, will be forced to take anti-psychotic medication in an attempt to restore her competency so she can stand trial.

Third District Court Judge Judith Atherton granted Wednesday a motion by prosecutors Wednesday to compel Barzee to take medication she has refused to take because she does not believe she is mentally ill.

Barzee, 59, and her estranged husband, co-defendant Brian David Mitchell, 51, face charges of aggravated kidnapping, two counts of aggravated sexual assault, two counts of aggravated burglary and conspiracy to commit aggravated kidnapping.

In her 38-page decision, Atherton noted all the guidelines established in Sell v. United States, a case that set the standard for involuntary medication, 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.

• It is medically appropriate.

"The court finds that clear and convincing evidence has been presented sufficient to satisfy all four requirements," Atherton said in her ruling.

The forced medication hearing was unusual because the only reason to restore Barzee's competency is so she can stand trial. Barzee is not considered a danger to herself or others because of her illness.

Barzee's defense team, however, argued both in court during a February hearing and in a memorandum filed in April that the Sell guidelines were not met. Specifically, defense witnesses argued that even if Barzee took her medication it would not restore her competency.

Atherton, however, found the testimony by Dr. Kreg Jeppson, a psychiatrist at the Utah State Hospital who has been Barzee's treating physician, was more compelling than the defense's witness.

"The court therefore finds by clear and convincing evidence that there is a substantial likelihood that if (Barzee) is administered anti-psychotic medication pursuant to Dr. Jeppson's treatment plan, over time her delusional beliefs will become less prominent, she will become less preoccupied with her delusions and, ultimately, her competency to proceed to trial will be restored."

Doctors at the state hospital, Provo, said they have tried every other treatment option except medication.

Salt Lake Deputy District Attorney Bob Stott said his office is pleased with the ruling.