Some friends say the children walked out of the house on their own and wandered over to Bell's carport when they saw an open door. Bell's mother said the children would routinely play in Bell's yard or driveway.

Kraft recently told the Deseret News he wanted to wait until the court hearing to reveal in detail how he believed the children ended up in Bell's house but said, "It was for legitimate purposes and not against their will."

Kraft said he has never defended someone so totally innocent of the crime of which they're accused as Bell.

Prosecutors, however, allege Bell went into the children's house and took the children.

What happened next is not disputed by either side. But whether it was legally justified has been a powder-keg debate.

A vicious beating

When Latu entered Bell's house, she got into a verbal argument with him that turned into a physical altercation, with Latu delivering punches to Bell, according to Kraft. There were five people in Bell's house, not including the children, at the time. Most were sleeping. Dan Fair was awakened by the commotion.

As Latu grabbed the two children and walked out the door, she turned to the men and told them, "You'd better lock your doors," according to Kraft.

Bell did lock his door, Kraft said. But it didn't matter. Moments later, five adults forced their way into Bell's home, kicking in the front door and smashing through windows.

Bell and Fair were beaten badly, with Fair getting the worst of it. The intruders threw a TV onto Fair's head. Fair's right eye socket was smashed. Blood was dripping all over his face by the time police arrived. Doctors had to use staples to repair his forehead.

Bell tried to escape by running out the door but was chased down and caught by angry relatives. The side of his head was repeatedly bashed against the concrete pavement. His neck was cut with shards of glass. Family members say the attackers also tried to cut off one of his toes.

Kraft said Bell now has permanent hearing loss because of the attack.

Both men were taken to the hospital. Fair remained there for three days and has had to return for follow-up surgeries. Bell was booked into the Salt Lake County Jail after he was released and bailed out on Aug. 8.

Hate crime?

Friends and family members called the attack a hate crime. While Kraft said it would be "unfair" to say his client was beat up solely because he is gay, he believes the family of the children equated being gay with being a pedophile. And because the family assumed Bell was a pedophile, they attacked.

"The problem was they jumped to conclusions," Kraft said.

Bell was only charged with kidnapping and burglary and not with any crime associated with the children. Fair is not expected to be charged with any crime.