The case was eventually transferred to Federal court on October 10, 2008. Issues of competency proved to be the crux of the case, and the court held an evidentiary hearing on Mitchell's competency on October 1, 2009 and November 30 through December 11, 2009. On one occasion during a hearing in October, it was reported that Mitchell burst out singing hymns in court. During one of these hearings, Smart described Mitchell as "smart, articulate, evil, wicked, manipulative, sneaky, slimy, selfish, greedy, not spiritual, not religious, not close to God."