Federal judge to hear change of venue arguments in Smart kidnapping case

Change of venue hearing to be held in Smart case

SALT LAKE CITY — Defense lawyers for the man charged in the 2002 kidnapping of Elizabeth Smart will ask a judge to move a November trial out of Utah to another state.

The lawyers say Brian David Mitchell can’t get a fair trial in Salt Lake City because of extensive publicity.

Prosecutors will argue against the motion. They maintain steps can be taken to pick a neutral jury.

U.S. District Judge Dale Kimball in Salt Lake City will hold the hearing Thursday afternoon.

The 56-year-old Mitchell is facing federal charges of kidnapping and unlawful transportation of a minor across state lines.

Smart was 14 in 2002 when she was taken from her home. She was found in March 2003.