Barzee petitions top court

Attorneys for Wanda Barzee, accused of kidnapping and assaulting Elizabeth Smart, are asking the Utah Supreme Court to take up the issue of forced medication.

A petition for interlocutory appeal was filed Tuesday, essentially asking the state's high court permission to appeal 3rd District Judge Judith Atherton's ruling allowing the state to forcibly medicate Barzee in an attempt to restore her to competency.

In her June 21 decision, Atherton said the state met all four criteria established in Sell v. United States, a case that set the standard for involuntary medication: 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; and it is medically appropriate.

Barzee's attorneys, however, disagree.

The harm of forcing Barzee to take anti-psychotic medication "would be immediate and irredressable," and could lead her to "depression, suicidal ideation and stress reaction including possible post traumatic stress disorder," according to the appeal.

Furthermore, the defense argued that the Sell factors were not met. There is not clear and convincing evidence the medication will "substantially likely" restore Barzee's competency, the defense contends.

"The evidence is overwhelming that not only is forcible medication not substantially likely to render Ms. Barzee competent, it is quite unlikely that medication will ultimately cause her to be restored to competency," court documents stated.

Assistant Salt Lake district attorney Bob Stott said the appeal was not a surprise. But he also noted prosecutors believe Atherton's ruling was solid.

"It was extremely thorough," he said. "I think Judge Atherton did a remarkable job."

The state has until July 27 to respond to the petition.

This is the second interlocutory appeal filed to the Utah Supreme Court in the Smart matter. In 2004 attorneys for Barzee's estranged husband and co-defendant Brian David Mitchell filed a petition for appeal in an effort to keep the media from acting as intervenors for his competency hearing. The state's high court ultimately refused to hear the appeal.

Both Mitchell and Barzee 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 first ruled incompetent to stand trial in January 2004. Doctors at the State Hospital say they have tried every option available except medication to try to restore her to competency to stand trial.

Barzee refuses to take the anti-psychotic medication because she does not believe she is ill.

---

E-mail: preavy@desnews.com