Witnesses deny beating their neighbor

Published: Thursday, Sept. 24 2009 12:00 a.m. MDT

Witness after witness on Wednesday denied hurting David James "DJ" Bell, a South Salt Lake man who is accused of kidnapping two toddlers on the night of July 4, 2008.

But Bell insists he was severely beaten after one of his neighbors discovered her daughter, 2, and nephew, 4, inside Bell's house early in the morning after an all-night party.

The children's relatives stormed Bell's house after the mother of the youngest child found the two kids there. The adults, according to defense attorneys, forced their way inside and battered Bell and his partner, David Fair. Bell sustained a mild traumatic brain injury and many other wounds, and he has lost partial hearing in one ear because of the beating, his attorneys say.

But none of Bell's alleged attackers have been charged with any crimes, although the case was reviewed by the Salt Lake County District Attorney's Office.

Instead, Bell, 31, faces two counts of child kidnapping, both first-degree felonies, and second-degree felony burglary.

The charges stem from incidents that took place when Lulu Latu and several other people invited Bell, a neighbor, to join them for drinks and poker outside Latu's house while the children of various adults at the party slept inside.

Prosecutors contend Bell illegally took two youngsters from the neighbor's home, and they ended up in his bedroom. But defense lawyers maintain Bell simply took the children in after he found them wandering around in the early hours with no supervision from their relatives, who were inside drinking and partying.

The case has sparked controversy within the gay community, with many people rallying behind Bell, who is gay, saying he is the victim and was only helping youngsters who were being neglected by their parents.

Those who support Bell's neighbors say this is not a hate crime aimed at a gay man, but a case where worried relatives wanted to protect young children.

Testimony at Wednesday's hearing was peppered with numerous statements of "I don't recall" from various witnesses.

Ricky Peace, whose son was inside Bell's home, said he did not recall hitting Bell. He said he heard his cousin, Latu, screaming, "They had our kids!" as she returned with the children from Bell's home.

Peace said he followed other adults who rushed over to Bell's house but does not remember inflicting any harm.

"It was kind of fuzzy that night," Peace said. "In my mind, I'm thinking to rescue my kids."

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