Accused Elizabeth Smart kidnapper Wanda Barzee will be forced to take anti-psychotic medication under a ruling issued Wednesday by 3rd District Judge Judith Atherton.
Prosecutors had argued in April that under the guidelines for involuntary medication established in Sell vs. United States, Barzee should be given medication in an attempt to restore her competency. 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.
Defense attorneys, however, had argued that Barzee did not meet the criteria in Sell. Specifically, they argued there was no compelling evidence that anti-psychotic medication would have any effect.
Doctors at the State Hospital have testified that they have tried every other option to restore Barzee's competency except medication, 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.