On the seventh anniversary of her miraculous return, a federal judge set a two week trial date for Elizabeth Smart's accused kidnapper, Brian David Mitchell. The homeless street preacher known as "Emmanuel" will stand trial beginning Nov. 1, but it may not be in Utah.

Mitchell’s taxpayers paid defense attorneys said they plan to file a motion to move the high profile trial out of Utah. And say thye plan to mount an insanity defense, arguing that his client was insane at the time of the alleged kidnapping. Elizabeth Smart, then 14, was abducted from her bedroom in 2002. She was found nine months later in the company of Mitchell and his wife, Wanda Barzee. .

The court has ruled Mitchell mentally competent to face trial in the kidnapping.
Elizabeth Smart, now 21, testified against Mitchell at his mental competency proceedings, describing how she was abducted and sexually assaulted almost daily. She is currently serving a mission for The Church of Jesus Christ of Latter-day Saints in Paris, France. It is unknown if she will testify at the trial..

Barzee recently struck a plea deal, agreeing to testify against Mitchell at any future court proceedings in exchange for a lighter sentence. Mitchell and Barzee remain in jail.