From Deseret News archives:
Mitchell's lawyers want jury restricted
Calling the Salt Lake teen's June 2002 abduction "probably . . . the most covered case in the history of the state of Utah," Mitchell's court-appointed attorneys said they expect the scheduled February trial to generate similarly intense, and possibly prejudicial, coverage.
"Given the media attention to date, it is a virtual certainty that Mr. Mitchell's trial will generate daily stories on every television station and newspaper in the country, if not the world," the motion says. "There is simply no way, without sequestration, that the court can adequately protect jurors and Mr. Mitchell from the level of coverage in this case."
Sequestration of jurors is virtually unheard of in Utah, with jurors in even the most high-profile cases such as the 1974 Ogden Hi-Fi Shop murders still allowed to return to their homes at night.
However, in the March 1988 capital murder trial of Ralph LeRoy Menzies, jurors were sequestered after two were disqualified, one received an anonymous telephone call about the case and another succumbed to emotional distress.
"You don't get the requests very often, but I'm not surprised by this request," Driessen said. "It's an extremely high-profile case. And, frankly, when it's this high profile, you're more likely to see a request granted."
Though sometimes called for, she said, the practical implications of sequestering a jury can be onerous and expensive.
"Sequestration is fairly difficult if you've got a trial that you think is going to take a long time, because you essentially have to put the jurors up in a trial and control any outside influences," Driessen said.
And Mitchell's attorneys have asked for some fairly strict controls, such as the removal of Bibles and other religious texts from jurors' hotel rooms. The motion also seeks to restrict their presence in public areas, such as churches and restaurants, where defense attorneys fear they could be inadvertently exposed to discussions about the case.
Defense attorneys on Friday also offered a proposed written questionnaire to screen potential jurors as to what impact, if any, pre-trial publicity has had on their opinion of the case.
Comments
- Utes prepare to go bowling 9:08 p.m.
- 'Mr. Hyphen' takes aim at stereotypes 9:07 p.m.
- Studies: Gambling addiction is illness 9:06 p.m.
- Utah business indicators rose 9:04 p.m.
- Electronics sales soar; clothing slips 9:04 p.m.
- GM's Henderson resigns as CEO 9:02 p.m.
- GE returns to its roots 9:01 p.m.
- FDA issues warning to Tyson in Texas 9:00 p.m.
- Institute extends deadline for entries 9:00 p.m.
- $720K awarded for energy efforts 8:59 p.m.
- 2 citations issued at Y.-U. game
- BYU says Hall incident resolved
- Max Hall: a fixture in rivalry lore
- 'Grandfamilies' a growing trend
- Witness: Mitchell wanted attention
- Mitchell called intelligent, controlling
- MWC '09 season in review
- Jazz win 6th in 7 games
- Jazz ready to be without Harpring
- Daughter: Mitchell fed me my pet
- Hall mouths off about hate of Utah
903 - Cougars beat Utes in overtime
482 - Hall reprimanded by MWC
401 - Max Hall issues apology
387 - Hall's pain reflects self-betrayal
344 - Utes won't respond to Hall
274 - BYU says Hall incident resolved
232 - 2 citations issued at Y.-U. game
157 - BYU is champion of the state
143 - Religion in politics is tiresome
128
My husband was teaching his 6th-grade class in Salt Lake last year when...
Why does it matter what others say? Why do you even listen to them? If...
Whatever Max Hall said about the U of U, it will haunt him for a long time...
The aggies are out in the cold and you hate the only two football teams in...
This article isn't accurate. It says COBRA would go away under health care...
I am the happiest I've ever been. I love my family, my job, the gospel....
I watched the game...bottom line, both teams played poorly. Utah beat...
If you cover your eyes no one can see you. Of course the Glass is half full...
What else is new? I believe if we took a further Poll to show how Utah as a...
knows how to beat PHO. The Jazz should study the game film from PHO/NY. They...
I agree with Bishop Burton. And to those cynics who complain about what they...


You can be the first to comment on this story.