The state and defense have each submitted their written arguments to 3rd District Judge Judith Atherton over the issue of whether accused Elizabeth Smart kidnapper Wanda Barzee should be forced to take anti-psychotic medication.
Both memorandums filed Monday are more than 25 pages long.
Prosecutors argued in their memorandum that Barzee qualifies for involuntary medication in the guidelines established in Sell vs. United States. Barzee is not considered a danger to herself or others, is able to care for herself despite being mentally ill, the state has an interest in restoring Barzee to competency, involuntary medication is necessary to reach that interest and anti-psychotic drugs are medically appropriate, the memorandum states.
"There is a 70 percent likelihood that antipsychotic medication will restore the defendant," according to the state's memorandum.
The defense in its memorandum, however, argued that Barzee does not meet the Sell factors for forced medication. Topping that list, according to defense attorneys Scott Williams and David Finlayson, is that medication likely won't do any good.
"The evidence is overwhelming that not only is forcible medication not substantially likely to render Ms. Barzee competent, it is quite unlikely that medication will ultimately cause restoration to competency," they said in their memorandum.
Doctors at the Utah State Hospital have testified that every option has been tried except medication to restore Barzee's competency, which she refuses to take because she does not believe she is mentally ill.
Barzee and her estranged husband, co-defendant Brian David Mitchell, are charged with aggravated kidnapping, two counts of aggravated sexual assault, two counts of aggravated burglary and conspiracy to commit aggravated kidnapping.
Barzee was first ruled incompetent to stand trial in January of 2004. Mitchell was ruled incompetent to stand trial in December.
Atherton will now take the memorandums in the Barzee Sell hearing under advisement.
E-mail: preavy@desnews.com