There have been many high-profile cases in the past that have not required a change of venue, and Brian David Mitchell should be no exception, the U.S. Attorney's Office argues in a 50-page response filed late Friday. Mitchell's trial is scheduled to begin Nov. 1.
Mitchell is accused of kidnapping and sexually assaulting Smart and taking her out of state in 2002.
In court documents, prosecutors point to the recent U.S. Supreme Court decision involving former Enron CEO and chief operating officer Jeff Skilling, who was convicted in federal court on multiple counts of securities fraud and sentenced to 24 years in prison. In his appeal, Skilling argued massive pretrial publicity prejudiced the Houston jury that convicted him.
Prosecutors in Utah say there are many similarities between the Skilling case and Mitchell's case.