Judge grants Elizabeth Smart's kidnapper more time to consider appeal

Published: Tuesday, June 7 2011 12:27 p.m. MDT

SALT LAKE CITY — A request by Brian David Mitchell's attorneys for more time to decide whether they will appeal his life sentence was approved Tuesday.

Judge Dale A. Kimball granted the motion Tuesday, extending the deadline for an appeal to July 11.

Mitchell was sentenced to life in federal prison on May 25 for kidnapping Elizabeth Smart and taking her across state lines for the purpose of having sex.

At his sentencing hearing, Kimball told Mitchell's attorneys they would have 10 days to file any appeal. Monday, a motion was filed requesting a full 30 days to file an appeal, as allowed by federal statute.

"Additional time for filing the notice of appeal is necessary in order to allow sufficient time for consulting with counsel and consideration of options," the motion states.

The motion was filed by assistant federal defender Scot Keith Wilson, who says in court documents that he is now one of Mitchell's attorneys. Wilson was not one of Mitchell's attorneys during his federal trial.

Mitchell was convicted of taking Smart in 2002 when she was 14 years old and holding her captive for nine months.

Pat Reavy

Twitter: DNewsCrimeTeam

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