Her mother and her sister who was sleeping in the same bed with Smart when she was taken at knifepoint in 2002 are expected to be the first witnesses.
The 10th Circuit Court of Appeals in Denver on Friday said arguments from attorneys for Brian David Mitchell that publicity had predetermined his guilt didn’t meet standards required to move the trial out of Utah.
Prosecutors contend that the 12 jurors and two alternates picked to hear the trial can be impartial, despite already knowing some details of the case.
Smart, now 23, was 14 when she was kidnapped from her home in June 2002. She was found with Mitchell nine months later.