Prosecutors ask court to lift stay on Barzee medication

Prosecutors say the Utah Supreme Court should lift its temporary stay on the order to involuntarily medicate Wanda Barzee, and they have requested an appearance before the state's high court to make their arguments.

Late Monday afternoon, the state filed its response with the Utah Supreme Court as to why prosecutors believe the woman accused of kidnapping and sexually assaulting Elizabeth Smart should start receiving anti-psychotic medication immediately and not wait for the defense to find out whether its case will be heard by the U.S. Supreme Court.

In December, the Utah Supreme Court ruled 3-2 that 3rd District Judge Judith Atherton was correct when she decided Barzee met the standard to be involuntarily medicated in an attempt to restore her competency so she can stand trial.

Barzee's attorneys requested a stay of the order while they filed a petition with the U.S. Supreme Court. Atherton denied that motion, and the treatment process for Barzee was scheduled to begin at the Utah State Hospital on March 11. Defense attorneys Scott Williams and David Finlayson filed an emergency request for a stay with the Utah Supreme Court that day, and it was granted late that afternoon.

The Utah Attorney General's Office argued in court documents filed Monday that the defense waited 56 days after the Utah Supreme Court's decision to file with the U.S. Supreme Court.

"This Court should not use its extraordinary writ powers to now save Barzee from her own strategic choices," prosecutors argued in court documents.

Also, Barzee did not comply with appellate procedure rules, did not meet the criteria for applying for an emergency stay and never showed Atherton abused her discretion in denying a stay, according to court documents.

Barzee's defense argued that so much time had already passed in the case, they didn't understand the need to rush to non-reversible action now without waiting for one more possible hearing from the nation's high court. The state counters that nothing about the Barzee case has moved at a feverish pace and that it actually has been 21 months since the original ruling to involuntarily medicate was approved in 2006.

Prosecutors also are opposed to the defense's request to have Barzee reexamined to see if her diagnosis has changed.