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SALT LAKE CITY (AP/KSL News) -- A judge ruled Wednesday that the woman charged in the 2002 abduction of Elizabeth Smart can be forcibly medicated in an attempt to restore her competency for trial.
Wanda Barzee, 60, was first declared incompetent to stand trial in 2004 and ordered to remain at the state psychiatric hospital, where she has refused to participate in therapy.
Third District Judge Judith Atherton ruled that Barzee meets all the requirements outlined by the U.S. Supreme Court in determining whether a defendant can be forced to take medication.
In the 2003 ruling, the Supreme Court ruled that prosecutors must show a compelling interest is at stake, that forced medication would further that interest and less intrusive means are unlikely to achieve similar results. The medication also must be shown to be likely to render the defendant competent, not harm the individual, or prevent the individual from participating in his or her own defense.
During a February hearing, Barzee's attending psychiatrist, Dr. Kreg Jeppson, testified that she would likely benefit from medication, starting with low doses of an anti-psychotic drug.
Barzee's attorneys presented experts that said the duration of their client's disorder, with symptoms first exhibited about 12 years ago, would effect the likelihood of success with medication. One psychologist said after one year of untreated psychosis the possibility of restoration begins to diminish.
Both Barzee and her husband, Brian David Mitchell, also declared incompetent, face charges of aggravated kidnapping, aggravated sexual assault, aggravated burglary and conspiracy to commit aggravated kidnapping in the June 2002 kidnapping.
Once the State Hospital gets the court order they will approach Barzee about the medication. They could take forceful measures if she doesn't cooperate. There are quite a few steps left in the process before this case could be ready for trial.
(Copyright 2006 by The Associated Press. All Rights Reserved.)
