The court requested that Mitchell undergo a competency evaluation, based on his claims of being a religious prophet. While awaiting the evaluation, Mitchell was incarcerated at the Utah State Hospital. Dr. Stephen Golding, a psychologist hired by the defense, distinguished between zealous belief and delusion, and concluded that Mitchell's beliefs transcended zeal and were in fact delusional. It was Golding's opinion that Mitchell was not competent to stand trial as a result of his delusions. The court, however, superseded Golding's opinion and found Mitchell to be competent in 2004. Plea negotiations subsequently began between the defense and the prosecution. The defendant was willing to plead guilty to kidnapping and burglary for a 10- to 15-year sentence on condition that Smart should not testify. The prosecution refused to drop sexual assault charges against Mitchell, and no agreement was reached.