The Utah Attorney General's Office mailed off its reply to the U.S. Supreme Court Monday as to why they believe accused Elizabeth Smart kidnapped Wanda Barzee meets the standard to be involuntarily medicated.
The filing is not public, however, until it is received by the court which could be a couple of days. However, AG spokesman Paul Murphy confirmed Monday it was in the mail.
Last week, the Utah Supreme Court ruled 4-1 to hold off forcibly medicating Barzee until the nation's high court decides whether it will hear the case.
Defense attorneys Scott Williams and David Finlayson said a decision by the U.S. Supreme Court whether to take the matter could come in a month.
In December, the Utah Supreme Court ruled 3-2 that Third District Judge Judith Atherton was correct when she decided Barzee met the standard set in Sell vs. United States to involuntarily receive anti-psychotic medication.
Williams and Finlayson filed an emergency request for a stay with the Utah Supreme Court, arguing the court should wait until the U.S. Supreme Court issue was decided.
The state argued the probability of the nation's high court hearing the case was extremely low and the petition amounted to nothing more than another delay in the case.
Barzee and her estranged husband, co-defendant Brian David Mitchell, are accused of kidnapping and assaulting Elizabeth Smart in 2002. The trio was found nine months later in Sandy.