SALT LAKE CITY—
A federal appeals court has denied a request by lawyers for Elizabeth Smart's accused kidnapper to halt his trial and possibly move it outside of Utah.In a ruling handed down Thursday afternoon and obtained by Fox 13, the 10th U.S. Circuit Court of Appeals in Denver denied the motion to stay the trial and transfer it to another venue. Brian David Mitchell's attorneys contend that he cannot get a fair trial in Utah because of the massive publicity surrounding the 2002 abduction of Elizabeth Samrt.
"Without expressing any opinion on the merits of Mr. Mitchell's argument, we not that it is possible that a jury could be seated where all of the jurors would satisfy Mr. Mitchell's view of impartiality," the judges wrote in their decision. "Accordingly, the petition is denied. The motion for stay is denied as moot."
Federal prosecutors have said approximately 330 people have filled out jury questionnaires. They argue that they can seat an impartial jury.
Mitchell, 56, is now set to go on trial Monday for the kidnapping of Elizabeth Smart. He is accused of snatching the then-14-year-old girl from her bedroom and holding her captive for nine months. She was found walking down a Sandy street with Mitchell and his wife, Wanda Barzee.
Smart, now 22, is on the witness list to testify against him. She is expected to fly back to Salt Lake City from Paris, where she is serving a mission for the Church of Jesus Christ of Latter-day Saints.
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