State seeks dismissal of Smart kidnapper charges

June 29, 2011 - 12:00 PM

SALT LAKE CITY (AP) — Prosecutors have asked a judge to dismiss state charges against Elizabeth Smart's kidnapper after the man was convicted in federal court and sentenced to life in prison.

Brian David Mitchell was sentenced May 25 to two life sentences without parole for the 2002 kidnapping and rape of Smart. He was convicted in U.S. District Court in Salt Lake City in December.

Federal prosecutors moved to take over the state case in 2008 after it stalled over questions about Mitchell's mental health.

In papers filed this week, Salt Lake County District Attorney Sam Gill seeks the dismissal of all state charges against Mitchell, citing his federal conviction and life sentences.

Smart was 14 when she was taken at knifepoint from her Salt Lake City bedroom.