Defense wants district attorney's office off case of 2008 attack on D.J. Bell

SALT LAKE CITY — The Salt Lake County district attorney herself took the stand Tuesday to defend her office against lawyers for seven people who say it offered their clients what amounted to immunity in one case and then charged them in another.

The defendants were charged in March with attacking David James "D.J." Bell and his partner, Dan Fair, in their South Salt Lake home after a late-night party on July 4, 2008, during which they believed Bell kidnapped two children.

Prosecutors originally declined to file charges against the seven, but reconsidered after Bell was acquitted of kidnapping and burglary charges in September 2009.

Lisa Aiona, the mother of the two children, was flown in from Las Vegas to testify in Bell's case, given a hotel room and vouchers for steak dinners, said her attorney, Clayton Simms.

"And then she was charged with a crime," he said.

Miller denied that immunity was ever offered to the defendants. Rather, a letter from Justice Division administrator Paul Parker said, "The District Attorney's Office declined to file felony charges on the parents for burglary and aggravated assault."

Miller testified that she decided to move forward with a new legal theory — felony riot charges — after seeing a picture of Fair, whom she called an "innocent victim," on the news.

Defense attorneys have asked a judge to consider a pair of motions in the case. Citing a conflict in the case, defense attorneys want the Salt Lake County District Attorney's Office removed from the case in favor of another prosecuting agency.

The defense also wants the charges thrown out because the testimony the defendants gave during Bell's prosecution is now being used against them.

"None of these attorneys … would have let them testify" if they had known there would be charges, said defense lawyer Earl Xaiz.

For his part, Bell said he would like to see the accused attackers in prison — or at least therapy.

"The justice I feel is deserved can't be handed down by me or anyone in this life," he said outside the courtroom.

Third District Judge Robert Faust will consider both motions following a hearing scheduled for Aug. 26.

e-mail: afalk@desnews.com