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Kidnapping Trial in Elizabeth Smart Case Cleared to Resume

Courtesy - Getty Images(SALT LAKE CITY) -- The trial of accused kidnapper Brian David Mitchell will resume Monday in Salt Lake City, Utah, after Mitchell's defense failed to convince an appeals court he could not get a fair trial in Utah.  The Tenth Circuit Court of Appeals ordered a temporary halt in the trial in the case of Elizabeth Smart after the defense claimed there was so much coverage of the 2002 kidnapping in Utah that an impartial jury could not be seated.

The temporary halt came moments after the prosecutor gave opening statements.  The defense claimed the jury had already decided Mitchell was guilty, based on all the coverage of the little girl's nine-month ordeal, during which Mitchell allegedly sexually assaulted her nearly every day.

The court's Friday ruling puts Mitchell back on trial in Salt Lake City Monday.

Copyright 2010 ABC News Radio

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