Hearing on medicating Mitchell is postponed

A hearing to determine whether accused Elizabeth Smart kidnapper Brian David Mitchell can be forcibly medicated has been delayed until later this year.

Noting scheduling conflicts with expert witnesses expected to testify during the hearing, 3rd District Court Judge Judith Atherton on Monday agreed to postpone the so-called Sell hearing from May until Sept. 11. The hearing is scheduled to last three days.

Mitchell and his estranged wife and co-defendant Wanda Barzee are accused of kidnapping and sexually assaulting Elizabeth Smart in 2002.

Mitchell was declared incompetent to stand trial in December 2005. During his one-year review hearing this past December, prosecutors argued they had exhausted all other methods of restoring his competency except anti-psychotic medication, which Mitchell refuses to take.

A Sell hearing is named after the 2003 case Sell v. United States, in which the U.S. Supreme Court allowed for involuntary medication if four criteria 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; and it is medically appropriate.

Barzee was also given a Sell hearing, the first ever in Utah. Atherton ruled in that case Barzee could be involuntarily medicated. Her defense attorneys filed an appeal, however, with the Utah Supreme Court. A decision from the state's high court was still pending Monday.

Mitchell, whose outbursts in court have grown louder and more agitated with each appearance, was excused from Monday's hearing. Atherton said, however, he would be required to make an appearance during the hearing in September.

---

E-mail: preavy@desnews.com