SALT LAKE CITY (WKOW) – A federal judge in Salt Lake City rejected the defense's request for an acquittal of the man charged in the 2002 abduction of Elizabeth Smart.
Brian David Mitchell is charged with kidnapping and unlawful transportation of a minor across state lines for sexual activity. Smart was 14 years old when she was abducted.
Defense attorneys had argued prosecutors did not prove the second charge. The defense argued sex was incidental to the trip to California during Smart's captivity.
Smart testified that Mitchell went to California to look for another wife.
Judge Dale Kimball ruled Wednesday that prosecutors do not have to prove sex was the only reason for the trip.
He says the defense theory would be better used in a closing argument to jurors.
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