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Rules proposed for jury selection in Mitchell's upcoming trial

Posted - Sep. 9, 2010 at 7:18 a.m.



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SALT LAKE CITY -- Prosecutors and the defense team for Brian David Mitchell have reached some agreement on the selection of jurors for his upcoming federal trial.

On Wednesday, attorneys for both sides handed U.S. District Judge Dale Kimball a joint proposal on protocol for selecting a pool of 500 potential jurors.

The Deseret News reports each candidate will receive a summons, instructions and a questionnaire.

Prosecutors and defense lawyers will review the responses and decide who should be dismissed. Then, an attorney from each side will question potential jurors individually.

Attorneys have not agreed on what questions should be on the juror questionnaire. Defense attorneys want to ask potential jurors what they think happens when a person is found not guilty by reason of insanity. Prosecutors oppose that question.

Mitchell, who stands accused of kidnapping and raping Elizabeth Smart in 2002, goes on trial Nov. 1. The jury will consist of 12 members plus a yet-to-be determined number of alternates.

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