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By Charles Montaldo, About.com Guide to Crime / Punishment since 2004

Forced Meds Blocked for Smart Kidnapper

Friday March 14, 2008
The on-again, off-again court-ordered medication for one of the accused kidnappers of Elizabeth Smart is off again at least temporarily. The Utah Supreme Court ordered a temporary halt to the medication for Wanda Barzee until the U.S. Supreme Court can decide whether or not to hear the case.

Last week Judge Judith Atherton ordered the "immediate medication" of Barzee by the Utah State Hospital where she is currently incarcerated. Barzee has been declared incompetent to stand trial, but Judge Atherton ruled that medication could restore her to competency and that Brazee met the criteria for forced medication under a previous Supreme Court ruling.

In February, the Utah Supreme Court upheld Atherton's ruling, but doctors at the state hospital delayed beginning the treatment after Brazee's lawyers said they would appeal. However, Judge Atherton said last week the attorneys had shown "no legitimate argument" for further delay and ordered doctors to begin the treatment.

Not Competent to Stand Trial

Brazee's attorneys then filed an emergency petition asking for the delay while they appealed. That request was granted.

Barzee, 62, and her former husband, Brian David Mitchell, are charged with aggravated kidnapping and aggravated sexual assault for abducting Elizabeth Smart from her home in Salt Lake City. Both Brazee and Mitchell have been declared incompetent to stand trial.

Judge Atherton will also decide whether to order forced medications for Mitchell. Several hearings have been held on the issue, all of which have been disrupted by Mitchell's antics.

See Also:
Utah Suspect Avoids Forced Meds for Now

Background:
The Elizabeth Smart Case

Forum:
Discuss The Elizabeth Smart Case

Photo: Family Photo

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