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Defense seeks delay of Smart kidnapping trial

Defense seeks delay of Smart kidnapping trial

By Associated Press | Posted - Nov. 3, 2010 at 2:25 p.m.



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SALT LAKE CITY (AP) -- A federal judge has denied a request for a delay of the trial for the man charged in the 2002 abduction of Elizabeth Smart.

Defense attorneys for Brian David Mitchell on Wednesday asked U.S. District Court Judge Dale Kimball to stop the trial.

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The request came after the court had selected a pool of 32 people from which to pick a jury.

Defense attorneys say the jury selection process proves that Mitchell can't get a fair trial. Nearly everyone questioned could detail facts about the case -- from Smart's abduction in 2002 to her discovery on a suburban Salt Lake City street with Mitchell in 2003.

Kimball denied the request, saying he's confident the a fair jury can be empaneled.

Defense attorneys say they'll now ask the 10th Circuit Court of Appeals to delay the trial.

(Copyright 2010 by The Associated Press. All Rights Reserved.)

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