From Deseret News archives:

Sequestering Smart jury opposed

Published: Tuesday, Nov. 16, 2004 4:01 p.m. MST
 |  E-MAIL | PRINT | FONT + - 
The Salt Lake District Attorney's Office said Monday the jury in the trial against accused Elizabeth Smart kidnapper Brian David Mitchell should not be sequestered.

The objection came in response to a flurry of motions Mitchell's attorneys filed last month. While most of the defense motions were routine, one called for the jury to be sequestered during the scheduled three-week trial in February, something virtually unheard of in Utah.

Monday prosecutors responded to all the motions, opposing almost every one.

The motion to sequester the jury should be denied because it is "unnecessary, would waste judicial resources and would unfairly limit the make-up of the jury," according to court documents.

"The state believes that proper instructions to the jury admonishing them from watching television, reading newspapers and avoiding other types of media is sufficient," prosecutors further argued.

The defense motion is a "blatant attempt to use sequestration as a means of proscribing certain persons or classes of persons from jury service," according to court documents.

Story continues below
Also Monday, prosecutors objected to the defense team's challenge of the grand jury proceedings that indicted Mitchell. Grand juries are constitutionally sanctioned and empowered, and such proceedings do not deprive Mitchell of his due process of law, according to documents filed Monday in 3rd District Court.

"Mitchell's objections are untimely and are legally irrelevant," prosecutors argued.

Prosecutors also contended in court documents that Mitchell's prior criminal history should be allowed during trial. In particular, the district attorney's office said Mitchell's criminal mischief conviction in Lakeside, Calif., in 2003 after he broke into a church shows at the time he "had the culpable mental state required for his conviction and that he knew exactly what he was doing" at the time he allegedly kidnapped Smart.

Prosecutors also objected:

• To a motion preventing uniformed officers from being in the courtroom during trial and limiting the show of force in the courtroom.

• To a motion allowing Mitchell to appear in court without shackles. Prosecutors argued he can still wear leg shackles without prejudicing the jury. And he should still wear his Salt Lake County jail-issued jumpsuit during hearings where the jury isn't present.

• To a motion to view the alleged crime scene and Elizabeth Smart's house. Mitchell has not shown "good cause," and Smart's "privacy rights outweigh (Mitchell's) right to inspect" the Smart's home, according to court documents.

• To the characterization that Mitchell's statements were obtained illegally.

Comments

You can be the first to comment on this story.

Image

Brian David Mitchell

previousnext

Latest comments

This is an inacurate report of the accident, another example of how well SLPD...

Letters: No DUI law is too strict

Christians who drink grape juice instead of wine won't have that problem

That's why you are not the coach. You want your ourside defenders...

Letters: Don't buy it

Actually it DOES save money. Part of reforming healthcare means...

Hate crimes against gays rose 11%

Gays ticked off about Proposition 8, report more hate crimes to compensate....

I believe it was Erik the Red who went to Greenland, and he tried to entice...

re: Miles...I like Korver too but he is not the best 3 point shooter on the...

this is a true testament to faith. And, Reenie, his life wasn't wasted. YOU...

Utah, BYU are top choices for bowls

Gee if BYU beats Utah then they are rewarded with the Vegas Bowl playing...

Letters: Can't erase genetics

I might be to much of a literalist, but Mr. Setzer uses these words:...

Advertisements