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The Elizabeth Smart Case

Background and Latest Developments

By Charles Montaldo, About.com

Around 1 a.m. on June 5, 2002, a man with a knife entered the bedroom of 14-year-old Elizabeth Smart and her nine-year-old sister Mary Katherine and forced Elizabeth to leave the house and walk into the woods four miles behind her Salt Lake City home to a secluded campsite.

Nine months later, Elizabeth Smart was found in nearby Sandy, Utah after spending months at the campsite, traveling to California, and returning to Utah with her captors. Brain David Mitchell and his wife, Wanda Barzee, were charged with aggravated kidnapping, aggravated sexual assualt, and aggravated burglary. Bail for both of them was set at $10 million.

Latest Developments

Feds Take Up Elizabeth Smart Kidnapping Case
Oct. 10, 2008
A day after state prosecutors hit a dead end in the prosecution of the accused kidnappers of Elizabeth Smart, federal prosecutors announced their intentions to prosecute Brian David Mitchell in federal court. U.S. District Attorney Brett Tolman made the announcement after a Utah judge said Mitchell did not meet the criteria for forced medication to get him competent to stand trial.

Previous Developments

Elizabeth Smart Suspect to Get Forced Meds
May 22, 2008
A woman charged with the kidnapping of Elizabeth Smart will soon begin to take medication aimed at restoring her competence to stand trial after the Supreme Court refused to hear her appeal of a judge's ruling.

Forced Meds Blocked for Smart Kidnapper
March 13, 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.

Court Okays Forced Meds for Smart Kidnapper
Dec. 14, 2007
The Utah Supreme Court has upheld a judge's order to force medicate one of the accused kidnappers of Elizabeth Smart in order to make her competent to stand trial. A judge ordered the medication in June 2006, but Barzee appealed the ruling on the claim that the medication is against her religion.

Lawyers Argue Medication for Smart Kidnapping Suspect
Nov. 2, 2007
Prosecutors and attorneys for Brian David Mitchell have filed final written arguments on whether the accused kidnapper of Elizabeth Smart should be forced to take medication in order to try to make him competent to stand trial.

Smart Kidnapper Ruled Incompetent Again
Dec. 19, 2006
Brain David Mitchell has again been ruled incompetent to stand trial after he once again disrupted his court hearing by shouting at the judge.

Judge Stays Forced Meds Order for Barzee
Aug. 11, 2006
Lawyers for Wanda Barzee appealed to the Utah Supreme Court to try to stop the forced therapy order from Judge Judith Atherton.

Judge Orders Barzee Medicated
June 23, 2006
A Salt Lake City judge has ruled that the woman charged in the abduction of Elizabeth Smart can be forcibly medicated to try to restore her competency to stand trial.

Judge May Order Medication for Barzee
Feb. 19, 2006
Judge Judith Atherton is considering whether to forcibly medicate Wanda Barzee, charged in the kidnapping of Elizabeth Smart, to try to restore her mental competency so that she can stand trial on the charges against her.

Mitchell Ruled Incompetent to Stand Trial
July 26, 2005
Brian David Mitchell has been found delusional and incompetent to stand trial by Judge Judith Atherton, who ordered him confined to a mental institution.

Defense Expert Says Mitchell Incompentent
July 7, 2005
A defense expert testified that Mitchell refuses to speak to his attorneys and is incompetent to stand trial because he is consumed by "messianic delusions" and wants to be crucified.

Mitchell Disrupts Competency Hearing Again
May 25, 2005
For the fifth time, Brain David Mitchell was removed from a hearing to determine his mental ability to stand trail, but this time the hearing continued without him.

Smart Kidnapping Suspect Ejected from Hearing
March 13, 2005
For the fourth time, Brian David Mitchell began singing hymns and was removed from a hearing to determine if he is mentally competent to be tried for kidnapping Elizabeth Smart from her Utah home.

Prosecutors in Smart Case File Barzee Motion
March 1, 2005
Prosecutors in the Elizabeth Smart kidnapping case have filed a motion on behalf of Utah's mental institution to force suspect Wanda Barzee to take anti-psychotic medications for her mental disorder so that she can become competent to stand trial.

Mitchell Ejected from Smart Kidnapping Hearing
Feb. 16, 2005
Brian David Mitchell once again interrupted a hearing on his competency to stand trial for the kidnapping of Elizabeth Smart by singing religious songs, the third time he has done so.

Attorneys Seek Elizabeth Smart's Records
Feb. 9, 2005
Attorneys for Brian David Mitchell say the teenager's school and medical records are relevant to the case, but the attorney for the Smart family say their efforts to obtain the records are merely a ploy to get the family to agree to a lenient plea agreement.

Elizabeth Smart Kidnapping Trial Postponed
Jan. 7, 2005
Judge Judith Atherton scheduled a new competency hearing of Brian David Mitchell for Feb. 15 and canceled his trial, scheduled Feb. 1, after Mitchell disrupted his hearing by first refusing to attend and then signing a Mormon hymn during the proceedings.

Elizabeth Smart's Father Wants Plea Deal
Jan. 5, 2005
Elizabeth Smart's father says he would rather see prosecutors make a plea bargain with Brian David Mitchell rather than having his family go through the trauma of a trial.

Smart Kidnap Suspect Wants Divorce
Dec. 20, 2004
Wanda Barzee, who is accused along with her husband of kidnapping Elizabeth Smart in 2002, has filed for divorce from her co-defendant.

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