The Utah State Hospital says it has tried every option except one to restore the mental competency of Wanda Barzee, accused of kidnapping Elizabeth Smart.
Now, the hospital is asking 3rd District Judge Judith Atherton to decide whether it can forcibly medicate her.
"The staff at the Utah State Hospital believes that administration of anti-psychotic medication is in Ms. Barzee's best medical interest in light of her current medical condition. Less intrusive means . . . have been exhausted and have not been successful," according to court documents. "Without medication, Ms. Barzee is not likely to make any further progress towards restoration of competency."
Barzee has refused all medications and her attorneys have indicated in the past they will fight any involuntary medication efforts.
"Our legal opinion is, they cannot force-medicate her," Barzee's attorney, Scott Williams, said in an interview in January 2004.
He also said during that interview he would be surprised if it's determined that medicating his client would be the answer to restoring her competency.
Barzee, 59, and her husband, co-defendant Brian David Mitchell, 51, were indicted by a state grand jury on charges of aggravated kidnapping, two counts of aggravated sexual assault, two counts of aggravated burglary and conspiracy to commit aggravated kidnapping.
Barzee was ruled incompetent to stand trial over a year ago. A hearing was held in August for an update on her status. At that time, Atherton ruled Barzee was still incompetent but that there was "substantial probability she may become competent in the foreseeable future."
Defense attorneys for Barzee will now have a few weeks to prepare a response to the motion for involuntary medication. A hearing to consider the motion could be held within 60 days.
In the case of Sell vs. United States in 2003, the U.S. Supreme Court allowed for involuntary medication if four criteria were met: there is important government interest at stake; the involuntary medication will significantly further those important governmental interests; it is necessary to further the state's interest; and it is medically appropriate.
Assistant Utah Attorney General Susan Eisenman, who is handling the case for the State Hospital, said doctors from the hospital would likely be called to testify that they've exhausted all other resources to help restore Barzee's competency except medication.
The Salt Lake District Attorney's Office would also likely be called to testify that it would be in its interest to restore Barzee's competency, as part of the four criteria states, Eisenman said.
She stressed that the hospital had no opinion in the criminal trial.
"We are trying to honor our commitment to treat Ms. Barzee. We do not have a stake in outcome of the criminal case," Eisenman said.
If the judge rules it is OK to involuntarily medicate her, it may take an additional two to three months to determine if the medications are having the desired result on her mental competency, Eisenman said.
If the judge does not give the go-ahead to force-medicate, Eisenman said the hospital will go back to what it was doing before and try to encourage Barzee to attend more classes that may help.
"She won't leave our custody until the court order changes," she said. "We believe we would be limited in what we could accomplish without medication."
It was also revealed in court documents that Barzee's mental health had "deteriorated" since December. Among some of her psychotic episodes, according to court documents:
She has taken "vows of silence" as directed by God.
God wants her to watch movies because he is sending messages to her through them.
Physicians are working against "God's plan" and she refuses routine medical checks because they will be "used against her."
E-mail: preavy@desnews.com