The announcement came a day after a state court judge ruled Mitchell does not meet the criteria for forced medication - a decision that effectively killed state prosecutors' efforts to bring the self-proclaimed prophet to trial.
Tolman appeared with Salt Lake County District Attorney Lohra Miller at a news conference to discuss moving forward with the case against Mitchell, who is accused of kidnapping then-14-year-old Elizabeth Smart six years ago from her Federal Heights home.
Tolman and Miller both said a federal court outcome might be different because of some "procedural differences" in federal court and the opportunity to start fresh with a new judge.
Historically, federal courts are more willing to rule in favor of forcibly medicating defendants, Tolman said. Also, the process of establishing competency typically moves quicker, as well, he said.
The U.S. District Court case against Mitchell stems from an indictment handed down this year by a federal grand jury charging Mitchell and his wife and co-defendant, Wanda Eileen Barzee, with interstate kidnapping and unlawful transportation of minor.
Ed Smart, father of Elizabeth Smart, said in a Thursday interview with The Tribune that he was disappointed by the state court ruling, but optimistic of a potential conviction in federal court.
"The bottom line with us is for him to stay behind bars and to not get out," Smart said.
Mitchell has been at the Utah State Hospital since 2005. He and Barzee have refused treatment while at the hospital. But in Barzee's case, a state court judge ruled she could be forcibly medicated, a process that was started in May.
