From Deseret News archives:

Both sides file arguments on forcing medication for suspect in Smart case

Published: Thursday, Nov. 1, 2007 12:03 a.m. MDT
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Prosecutors countered, however, that the serious charges Mitchell faces, "can only fully be addressed through resolution of the criminal case," according to court documents.

The State's memorandum, with supporting addendums, is about 1 1/2 inches thick. Prosecutors say their two expert witnesses who testified in September were credible. Both of them put the chance of restoring Mitchell's competency if he is medicated at 60 percent or higher.

"The State has presented clear and convincing evidence that medication is substantially likely to succeed based on the testimony of the State Hospital's experts, that there is a substantial likelihood that antipsychotic medication will restore the defendant and that the defendant is unlikely to experience side effects that would interfere with his defense," according to court documents.

Barzee was also given a Sell hearing, the first ever in Utah. Atherton ruled in her case that the Sell criteria were met and she could be forcibly medicated. That decision was appealed to the Utah Supreme Court. As of Wednesday the court had not made a decision.


E-mail: preavy@desnews.com

Recent comments

Yes, he and his LEGAL wife(Wanda Barzee)were excommunicated in...

Lacee | Nov. 21, 2007 at 10:19 a.m.

Yes, he and his REAL wife Wanda Barzee were both excommunicated in...

Lacee | Nov. 21, 2007 at 10:16 a.m.

Lacee is right. Mitchell has no excuses.

did he get excommunicated?

kait | Nov. 7, 2007 at 9:45 a.m.

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Brian David Mitchell

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