Judge: Suspect in Smart case can get fair trial

AP News
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Posted: Oct 22, 2010 10:48 AM
Judge: Suspect in Smart case can get fair trial

A federal judge has determined the man charged with the kidnapping of Elizabeth Smart can get a fair trial in Utah.

The decision was disclosed Thursday after U.S. District Judge Dale Kimball reviewed questionnaires filled out by hundreds of potential jurors for the trial set to begin Nov. 1 in Salt Lake City.

Lawyers for defendant Brian David Mitchell had claimed the trial should be moved to another state because of the intense news coverage of the 2002 abduction.

U.S. District Judge Dale Kimball rejected the push for a change of venue, saying some jurors appear to have prejudged the case but more have not.

A coalition of news media, including The Salt Lake Tribune, has filed a motion requesting immediate access to the questionnaires.

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Information from: The Salt Lake Tribune, http://www.sltrib.com