Hearing set for defendants accused of beating gay couple in 2008

SALT LAKE CITY — A special hearing has been scheduled for the seven defendants accused of severely beating a gay couple they believed kidnapped two young children in 2008.

During a brief hearing in 3rd District Court Monday, a judge set a hearing on Aug. 17 to go over all of the motions filed in the case involving David James "DJ" Bell and Dan Fair.

On July 4, 2008, several people broke into Bell and Fair's South Salt Lake home believing the men had kidnapped two children from a neighboring house, where an all-night party was going on.

The intruders threw a TV onto Fair's head. Fair's right eye socket was smashed. Doctors had to use staples to repair his forehead. Bell sustained a mild traumatic brain injury, cuts on his feet and neck and a permanent partial hearing loss in one ear because of the beating.

In September 2009, a jury acquitted Bell of the child kidnapping and burglary charges against him.

In March, the Salt Lake District Attorney's Office filed riot, aggravated burglary and aggravated assault charges against those allegedly involved in the beating.

Defense attorneys now want the district attorney's office to recuse itself from the proceedings, saying they can't defend the alleged attackers as victims one moment and then turn around and bring testimony against them the next.

— Pat Reavy