Dr. Jennifer Skeem, a psychologist who initially stated that Mitchell was competent, interviewed Mitchell again per the defense's request in February 2005. After this interview, Heidi Buchi, Mitchell's attorney, filed a brief stating that Mitchell was no longer competent to stand trial. Mitchell subsequently began to act out in court, while jail staff observed no change in his behavior and thought process. Ultimately, Judge Judy Atherton agreed with the defense, asserting that Mitchell's behavior reflected psychosis. The defendant re-entered Utah State hospital on August 11, 2005 and remained there until 2008. While in the hospital, no staff experienced Mitchell as being paranoid in a pathological sense.