Man charged in 2002 Elizabeth Smart kidnapping seeks change of venue from Utah for Nov. trial
By APFriday, June 11, 2010
Man charged in Smart kidnapping seeks venue change
SALT LAKE CITY — Attorneys for the man charged in the 2002 abduction of Elizabeth Smart say he can’t get a fair trial in Utah.
Brian David Mitchell is scheduled for a November trial in Salt Lake City’s U.S. District Court.
On Friday, his public defenders asked a judge to move the trial elsewhere.
In court papers, they contend Mitchell has a constitutional right to trial by jurors who cannot be influenced by public passions or prejudice.
The kidnapping of Smart, then 14, and her recovery in 2003 drew heavy local and national media attention.
The 56-year-old Mitchell is charged with kidnapping and unlawful transportation of a minor across state lines.
His estranged wife, Wanda Barzee, already has pleaded guilty to charges in state and federal court.
