Elizabeth Smart Kidnapping - Legal Proceedings

Legal Proceedings

Brian David Mitchell, (born October 18, 1953) and his wife Wanda Ileen Barzee were indicted by a Utah grand jury. Mitchell's trial on these charges was initially postponed following a court ruling that he was not mentally competent to stand trial.

For several months, Mitchell and Barzee were held on US$10 million bond awaiting the outcome of mental competency tests. Prosecutors said that Mitchell and Barzee kidnapped Elizabeth to be Mitchell's "second wife", held her against her will in the foothills near Arlington Hills until October 8, and then took her to California, where they stayed until March 5.

In January 2004, Barzee was found incompetent to stand trial on charges including kidnapping, sexual assault, and burglary. On July 26, 2005, Mitchell was also found incompetent to stand trial, facing the same charges. A district judge ordered him held until he was deemed fit for trial. Barzee's condition had not improved since she was found incompetent to stand trial. Barzee also refused to take medication "that might restore her mental competence."

In February 2006, a bill went before the Utah legislature to allow prosecutors to apply for forcible medication on defendants to restore their competence to face trial. Permission to forcibly medicate Wanda Barzee was also sought, relying upon the U.S. Supreme Court's decision in Sell v. United States (2003), which permits compulsory medication when the state can demonstrate a compelling interest is served by restoring a person's competence and that medication would not harm the person or prevent him from defending himself. In June 2006, a Utah judge approved the forcible medication of Barzee so that she could stand trial.

On December 18, 2006, Mitchell was again declared unfit to stand trial in the Utah state courts after screaming at a judge during a hearing to, "forsake those robes and kneel in the dust." Doctors had been trying to treat Mitchell without drugs, but prosecutor Kent Morgan said after the scene in court that a request was likely to be made for permission to forcibly administer drugs.

On December 12, 2008, it was reported that Mitchell could not legally be forcibly medicated by the State of Utah to attempt to restore his mental competency, also claiming that it is "unnecessary and needlessly harsh," and therefore a violation of the Utah state constitution, to prolong trial proceedings to this length.

In early October 2009, a third competency trial for Mitchell was underway, with Elizabeth Smart testifying. As Mitchell's third competency hearing moved forward, both Mitchell and Barzee remained incarcerated at Utah State Hospital (a psychiatric hospital), where Barzee was still being medicated until she was competent to stand trial.

Most recently, the U.S. Attorney's Office retained Dr. Michael Welner, a noted forensic psychiatrist and the chairman of The Forensic Panel in New York City, to address questions related to Mitchell's competency to stand trial. The report written by Dr. Welner, which exceeded 200 pages in length, had provoked objections from the defense as well as motions to exclude witnesses. However, on November 16, 2009, U.S. District Judge Dale A. Kimball denied the motions of the defense, ruling that Dr. Welner's methodology on the case "represents the best practices in forensic psychiatry and psychology".

On November 17, 2009, Wanda Barzee, the wife of Elizabeth Smart's captor, was sentenced to 15 years for her role in the kidnapping. Her husband, the captor, was still considered as unfit to stand trial. However, on December 1, 2009 a psychiatric nurse who observed Brian David Mitchell stated she believes Mitchell has faked psychiatric symptoms and behaviors to avoid prosecution and remain at a state hospital.

Barzee is currently serving her 15-year sentence at the Federal Medical Center, Carswell in Texas, which holds female inmates in need of special medical and mental health services; she is scheduled for release in 2016.