 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.The case was eventually transferred to Federal court on October 10, 2008.