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Eugene Woodland, also known as Captain Nemo, was to stand trial Tuesday on charges that he murdered a Sandy man 2 1/2 years ago.

But a judge found him to be incompetent - less than two months after he was found to be competent - and sent him back to the Utah State Hospital. The trial was canceled and with it, a long-standing series of questions resurfaced."In essence, we're back to square one," said Salt Lake County deputy attorney Tom Vuyk.

A federal lawsuit questioning whether the hospital can forcibly medicate Woodland will now be brought up again. And a motion to drop the murder charge against him will also have to be revisited.

Doctors say Woodland can likely be found competent with the help of medication. But he has steadfastly fought what he has called "chemical lobotomy."

However, in July, psychiatrists and psychologists testified that his mental condition had changed - even without medication. Third District Judge Anne Stirba concurred and ruled he was then competent, albeit "borderline competent," to stand trial and assist in his defense.

But Stirba said Monday that the same doctors have evaluated him since he was returned to the Salt Lake County Jail and believe he has "cycled back into his manic-depressive state."

Woodland protested Stirba's decision. "I'll be buried out there in that Provo nuthouse," he said, complaining that the "stigma of being a nutcake" would negatively affect his reputation and his family's reputation.

"I feel I have a right to stand trial and prove my innocence because I am innocent," Woodland said. "I think they should test the doctors. One time they say I'm competent and the next time they say I'm not."

Woodland is charged with killing Bruce Larson, 40, at a construction site at 4050 S. 900 East in March 1990. Woodland had once planned to turn the building there into a dinner theater, but Larson's firm gained ownership of it when Woodland ran into financial problems.

Stirba ordered further evaluations and set a hearing for Dec. 15.