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SALT LAKE CITY (AP) -- The Utah Supreme Court has agreed to hear an appeal on whether Wanda Barzee may be forcibly medicated in the hope she may become mentally fit to stand trial in the 2002 abduction of then-14-year-old Elizabeth Smart.
Barzee's attorneys 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.
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.
After agreeing to hear the case, the court called for an expedited schedule. Barzee's defense has until Oct. 23 to file a brief with the court and the state has until Nov. 22 to respond.
Although the Supreme Court's calendar has not been set yet for December, Deputy Attorney General Kris Leonard said the high court plans on taking oral arguments sometime during the first two weeks of December.
The hearing will be a first in Utah. Both the prosecution and defense agreed it will be good to get a first impression ruling.
"We're pleased and encouraged," said defense attorney Scott Williams. "We remain confident our position is the correct position under the facts and law of the case. It's appropriate to review important matters like this."
Barzee was first ruled incompetent to stand trial in January 2004. Doctors at the State Hospital say they have tried every option available except medication to try to restore her to competency.
But Barzee refuses to take the anti-psychotic medication because she does not believe she is ill.
What made Barzee's situation unique was that she was not considered a threat to herself or others and the only reason to restore her competency was to have her stand trial.
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Information from: Deseret Morning News, http://www.deseretnews.com
(Copyright 2006 by The Associated Press. All Rights Reserved.)
