Defense attorneys claim partial victory

Defense attorneys for a man charged with kidnapping two children say they won a victory during a motion hearing this week when a judge ruled that the beating the man endured at the hands of parents could be admitted at trial.

David Bell is charged with two counts of child kidnapping, both first-degree felonies, and burglary, a second-degree felony. The charges stem from a July 4, 2008 incident in which Bell, who is gay, and his partner, Dan Fair, attended a night-long party held by neighbors.

Bell's friends and relatives said he found two children, ages 2 and 4, awake and unattended, and he took them into his nearby South Salt Lake home until their parents could be notified. However, the parents said they believed the children had been kidnapped, and several adults burst into Bell's home and severely beat Bell and Fair.

Bell and Fair said they were victims of hate crimes, but the other adults were not charged with anything.

Third District Judge Paul Maughan this week said he would take under advisement two motions by prosecutors including one asking that the criminal history of the parents and other adults be kept from a jury and a second motion asking that defense attorneys not be permitted to argue that this is not a first-degree felony. The judge will issue a ruling May 18, which is when a trial date is expected to be set for Bell.

At the same time, prosecutors withdrew a motion that would have prevented jurors from hearing about the beatings of Bell and Fair.

Bell's attorneys, Susanne Gustin and Roger Kraft, were pleased with these developments, and said Bell wants the trial to clear his name.

"He's absolutely innocent," Gustin said. "He won't be satisfied with anything less than a dismissal or a not guilty verdict."

E-MAIL: lindat@desnews.com