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SALT LAKE CITY (AP) -- Prosecutors have defended a judge's ruling that Wanda Barzee may be forcibly medicated in the hope she may become mentally fit to stand trial in the kidnapping of Elizabeth Smart.
Barzee's attorneys have asked the Utah Supreme Court to hear their case against forcible medication.
They contend 3rd District Judge Judith Atherton's decision to allow the Utah State Hospital to forcibly medicate their client was wrong because the situation did not meet the criteria set in Sell v. the United States, the case that set the standard for involuntary medication.
In a reply filed Monday, Assistant Attorney General Kris Leonard said the state successfully argued, and supported with evidence, that the Sell criteria were met and the defense has not come up with a valid reason to warrant another hearing.
The state asked that if the Utah Supreme Court does decide to take up the case that it be expedited,
The 2003 U.S. Supreme Court ruling held 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.
Doctors at the state hospital have said they have exhausted all other options except medication. Barzee refuses to take medication, however, contending she is not mentally ill.
Barzee and her estranged husband Brian David Mitchell are accused of kidnapping Smart from her house in 2002 and keeping her for nine months. They are charged with aggravated kidnapping, aggravated sexual assault, aggravated burglary and conspiracy to commit aggravated kidnapping.
Mitchell, a self-proclaimed prophet who had done roofing work on the Smarts' home, is alleged to have kidnapped the girl to make her a plural wife.
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Information from: Deseret Morning News, http://www.deseretnews.com
(Copyright 2006 by The Associated Press. All Rights Reserved.)
