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SALT LAKE CITY (AP) -- Attorneys for Wanda Barzee, accused in the 2002 abduction of then-14-year-old Elizabeth Smart, are seeking to appeal a ruling that she may be forcibly medicated in an attempt to restore her competency.
They filed a petition Tuesday asking that the Utah Supreme Court allow them to appeal the June 21 ruling by 3rd District Judge Judith Atherton.
Barzee, 60, was initially declared incompetent to stand trial in 2004 and ordered held at the state psychiatric hospital, where she has refused to participate in therapy.
State prosecutors filed a motion in October asking for a hearing to determine if they could force Barzee to be medicated.
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 2003, 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 a defendant competent, without doing the person harm or preventing the individual from participating in his or her defense.
Barzee's attorneys argue that forcing Barzee to take anti-psychotic medicine "would be immediate and irredressable," and could lead her to "depression, suicidal ideation and stress reaction including possible post-traumatic stress disorder."
They also contend that prosecutors failed to provide clear and convincing evidence the medication was substantially likely to restore Barzee's competency.
Assistant Salt Lake County District Attorney Bob Stott said the appeal was not a surprise, but prosecutors believe Atherton's ruling was solid.
"It was extremely thorough," he said. "I think Judge Atherton did a remarkable job."
The state has until July 27 to respond to the petition. Barzee and her husband, Brian David Mitchell, also declared incompetent to stand trial, are charged with aggravated kidnapping, aggravated sexual assault, aggravated burglary and conspiracy to commit aggravated kidnapping. Elizabeth was taken from her bedroom in June 2002 and found nine months later with Barzee and Mitchell.
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Information from: Deseret Morning News, http://www.deseretnews.com
(Copyright 2006 by The Associated Press. All Rights Reserved.)
