The trial of the alleged kidnapper of Elizabeth Smart was halted on Thursday by a federal appeals court, according to CNN.
Brian David Mitchell’s trial was temporarily stopped because Denver’s 10th Federal Circuit Court of Appeals needs to look at the defense’s request to move the trial outside of Utah.
Smart, who was 14 at the time, was allegedly kidnapped by Mitchell in 2002 after he sliced open a screen door and abducted her from her Salt Lake City home. She was found nine months later.
Mitchell’s attorneys petitioned the Denver court on Wednesday to halt the trial. The Salt Lake Tribune reports that the defense argued that the publicity surrounding Mitchell, 54, and the trial could lead to prejudice among jurors, prompting an appeal.
“The only possible way that the district court has been able to seat a jury in this venue ... was by discounting the significance of a juror’s actual bias as to Mr. Mitchell’s guilt,” the defense said, according to the Tribune.
Mitchell, formerly a street preacher, is accused of kidnapping, burglary, sexual assault, and other charges.
“I am of course very unhappy with this,” US District Judge Dale Kimball told the Tribune. “I have to do what the 10th circuit says. I don’t know what they’ll do when they consider it, but for today we’re in recess for this matter. I’m very sorry.”
Defense attorney Parker Douglas agreed with the judge that the appeals court had made the decision with “horrible timing,” adding that opening statements were being made, CNN reported.
Brian David Mitchell’s trial was temporarily stopped because Denver’s 10th Federal Circuit Court of Appeals needs to look at the defense’s request to move the trial outside of Utah.
Smart, who was 14 at the time, was allegedly kidnapped by Mitchell in 2002 after he sliced open a screen door and abducted her from her Salt Lake City home. She was found nine months later.
Mitchell’s attorneys petitioned the Denver court on Wednesday to halt the trial. The Salt Lake Tribune reports that the defense argued that the publicity surrounding Mitchell, 54, and the trial could lead to prejudice among jurors, prompting an appeal.
“The only possible way that the district court has been able to seat a jury in this venue ... was by discounting the significance of a juror’s actual bias as to Mr. Mitchell’s guilt,” the defense said, according to the Tribune.
Mitchell, formerly a street preacher, is accused of kidnapping, burglary, sexual assault, and other charges.
“I am of course very unhappy with this,” US District Judge Dale Kimball told the Tribune. “I have to do what the 10th circuit says. I don’t know what they’ll do when they consider it, but for today we’re in recess for this matter. I’m very sorry.”
Defense attorney Parker Douglas agreed with the judge that the appeals court had made the decision with “horrible timing,” adding that opening statements were being made, CNN reported.
