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Posted: 8:54 AM Jul 30, 2010
Change of venue arguments heard in Smart case
Defense lawyers for the man charged with kidnapping Elizabeth Smart have argued that the case should be moved out of Utah so he can get a fair trial.
Reporter: Associated Press Email Address: tips@nbc11news.com |
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SALT LAKE CITY (AP) - Defense lawyers for the man charged with kidnapping Elizabeth Smart have argued that the case should be moved out of Utah so he can get a fair trial.
Attorneys for Brian David Mitchell said during a hearing Thursday that inflammatory pretrial publicity from news media has tainted the jury pool, and that survey data show potential jurors in states such as Colorado and Kansas have fewer prejudices.
Federal prosecutors argued against a change, saying the case isn't the same as other high-profile cases - such as Oklahoma City bombing trial of Timothy McVeigh - where venue changes have been granted.
It's unclear when U.S. District Court Dale Kimball will rule on the issue.
(COPYRIGHT 2010 BY THE ASSOCIATED PRESS. ALL RIGHTS RESERVED.)
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