Elizabeth Smart Trial Halted
On November - 4 - 2010
The 10th U.S. Circuit Court of Appeals Thursday morning approved a motion by the defense to stay the trial of Brian David Mitchell, the man accused of kidnapping Elizabeth Smart in 2002, and is now considering whether to move it out of Utah. Mitchell’s defense attorneys told reporters they have left the courthouse and are disappointed the 10th circuit waited so long to halt the trial. Brian David Mitchell had not left the courthouse as of 11:30 a.m. Thursday.
UPDATE: The 10th U.S. Circuit Court of Appeals has given the lawyers in the Brian David Mitchell case until midnight to file papers on whether the trial should be moved out of Utah. The appeals court judges asked the U.S. Attorney’s Office for Utah and Mitchell’s lawyers to file briefs that “inform the court whether a jury has in fact been empaneled; and (2) if a jury has been empaneled, what each party’s position is on whether the petition for mandamus is moot.” A ruling from the 10th Circuit could come as early as Friday.
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Posted on November 4th, 2010 at 11:05 pm