Docs: Barzee competent to stand trial in Smart kidnap case
This is an archived article that was published on sltrib.com in 2009, and information in the article may be outdated. It is provided only for personal research purposes and may not be reprinted.

More than six years after her arrest in Elizabeth Smart's abduction, the prosecution of Wanda Eileen Barzee might be moving toward trial.

At a Friday hearing, 3rd District Judge Judith Atherton said doctors at the Utah State Hospital have determined that Barzee is mentally competent to stand trial.

The judge will consider that finding as she decides whether Barzee can understand the charges against her and assist her defense attorneys, a ruling that would allow the case to proceed.

Atherton has scheduled a Nov. 19 to give Barzee's lawyers time to evaluate the hospital's written report, and decide whether to contest its conclusion.

Barzee, wearing a red shirt sweater and a black skirt, did not speak during the brief hearing. It was her first appearance in court since May 2008, when she began receiving forced medication ordered by Atherton.

Friday's proceeding was to review her progress. If her defense attorneys challenge the hospital's assessment, Atherton could order a full competency hearing or rule based on records in the case.

Outside court, defense attorney Scott Williams described Barzee as "a gentle, kind, loving person," and said he wants the report reviewed by two experts. One evaluated Barzee in 2004, the other has worked with the defense, he said.

If there is a consensus that Barzee is competent, the defense will not challenge the finding, Williams said.

Barzee's mother, Dora Corbett, was in the courtroom on Friday and said she was expecting the finding. Asked if she thinks her daughter is ready to accept responsibility, she said, "I think she is."

Prosecutor Alicia Cook and Smart's father, Ed Smart, both said they are pleased with the results. "It means we're moving forward," Smart said. "That's great."

Barzee and her husband, Brian David Mitchell, are charged with kidnapping and sexual assault in state court, and with kidnapping and coercion of a minor in federal court.

Barzee's state prosecution stalled in 2004 after Atherton ruled she was mentally incompetent and sent her to the state hospital, where she refused treatment. Atherton later ordered the forced medication of Barzee with psychotropic drugs, which was delayed by a battle that went to the Utah Supreme Court.

According to testimony at earlier court hearings, Barzee -- who claimed she was the "mother of Zion" and received messages from God through her television -- had made no progress toward competency before she was medicated.

Mitchell also refused treatment at the state hospital. Atherton found him mentally incompetent and ruled the likelihood that psychotropic medications would help him was too low to warrant forcing him to take them.

That decision prompted the U.S. Attorney's Office to seek a federal kidnapping indictment against Mitchell and Barzee. Mitchell now is being held in a Salt Lake County jail pending a competency hearing next month in U.S. District Court.

Barzee has not been arraigned in the federal case, and the state case against Mitchell is on hold. Melodie Rydalch, spokeswoman for the U.S. Attorney's Office, said federal prosecutors could prosecute Barzee without violating the prohibition against double jeopardy, but they have been coordinating with the state as it presses forward.

pmanson@sltrib.com

Competency time line

Case on hold » Third District Judge Judith Atherton ruled in August 2004 that Wanda Barzee was mentally incompetent to stand trial.

Medication ordered » In June 2006, the judge decided the Utah State Hospital could forcibly medicate Barzee to try to restore her competency.

Decision upheld » The Utah Supreme Court upheld that ruling in December 2007; drug treatment began in May 2008.

Barzee competent » At a Friday hearing, Atherton said the hospital has determined Barzee is now competent to stand trial. The judge set a Nov. 19 to hear whether defense attorneys agree.

About the case

Brian David Mitchell, 55, and his wife, Wanda Eileen Barzee, 63, are accused of kidnapping Elizabeth Smart on June 5, 2002. They were arrested in March 2003 while walking in Sandy with the girl.

Third District Judge Judith Atherton approved forced medication to try to restore Barzee's competency for trial, but ruled Mitchell does not meet the criteria. That led to a federal indictment against the couple for kidnapping and coercion of a minor with intent to engage in sexual activity, for allegedly taking Smart from Utah to California.

State charges of kidnapping and sexual assault also are still pending against them.

What's next

On Nov. 19, defense attorneys for Wanda Eileen Barzee will tell 3rd District Judge Judith Atherton whether they agree Barzee is competent to stand trial.

Courts » Judge will consider finding to determine if case can proceed
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