In Salt lake city, a Third District Utah Judge Judith Atherton has signed an order stating the dismissal of state charges imposed upon former street preacher accused of kidnapping and raping Elizabeth Smart.
State Prosecutor seeks an answer to Atherton to dismiss the state charges against David Mitchell after he was declared and found guilty of an offence by a federal jury in December. The penalty meted out and hence he was sentenced in May to two life terms on charges of kidnapping and unlawful transportation of a minor across the state line for the purpose of illegal sex.
Mitchell has determined himself not to go for the higher court for rehearing. As Mitchell will already spend his life in prison, court papers say the dismissal of the pending state case is in the interest of Judge. Jurors refused the insanity defense, stating that he knew he was violating the law.
Smart, as 14 years old, was kidnapped at knifepoint from her Salt Lake City home on dated June 5, 2002. Her sudden missing led to large scale search across Utah for the blonde-haired, blue eyed girl. Five week trial testified her pleadings as she is in age of 23.
Report by Vibhanshu Vaibhav