In a motion filed with 3rd District Judge Judith Atherton, Assistant Utah Attorney General Susan Eisenman cited testimony from recent federal appeals court hearings, where the forced medication of defendants was upheld.

In a 2004 case, the U.S. 2nd Circuit Court of Appeals heard persuasive testimony that there was a 70 percent chance of a defendant being restored to mental competency by anti-psychotic drugs.

She cited a 2005 case, where the appeals court found forced medication was "substantially likely" to render the defendant competent.

Barzee's attorney, Scott C. Williams, has claimed there is scant clinical evidence that defendants diagnosed with delusional disorders can benefit from forced medication.

Attorneys on both sides of the issue agree Atherton now needs to hear expert testimony so she can make an informed decision.

Doctors at the Utah State Hospital, where Barzee has resided since March 24, 2004, claim drugs are their last remaining option for treating the 59-year-old woman.

Barzee, who denies she is mentally ill, has refused to take drugs or submit to routine medical procedures such as weight and vital sign checks.

Barzee believes God has ordered her to take a vow of silence and sends her messages through movies, and that the doctors caring for her are evil and working against God.

Barzee and her husband, Brian David Mitchell, 51, are charged with kidnapping then-14-year-old Elizabeth Smart from her Federal Heights home June 5, 2002. The two homeless street preachers were found with the girl on a Sandy street nine months later.

Two court-appointed evaluators had previously agreed Barzee was incompetent.

Mitchell's evaluators disagree about his mental competence. Testimony at Mitchell's ongoing competency hearing is set to continue May 24.

- Stephen Hunt