SALT LAKE CITY – In the prosecution of Brian David Mitchell, alleged kidnapper of Elizabeth Smart, trial today has been forestalled pending consideration by the United States Court of Appeals (USCA), 10th Circuit, of a Petition for Writ of Mandamus seeking change of venue.
The USCA directed the opposing parties to file briefs on the Petition by 11:59 p.m. today. The briefs are directed to address arguments whether a jury has in fact been empaneled and if so why the respective advocates for and against the Petition for Mandamus believe it is moot.
It is to be noted that the Stay issued today is for consideration on the defense’s petition for change of venue, change of venue has not yet been decided.
The Salt Lake Tribune, at http://www.sltrib.com/sltrib/home/50607414-76/elizabeth-defendant-forced-trial.html.csp, provides its unofficial transcript of related court proceedings.
Whether or not St. George may be designated as an alternate venue remains to be seen, or whether the trial must proceed out-of-state.