Judge scolds lawyer in kidnapping trial

David James Bell, who is charged with child kidnapping, was sworn in and took the witness stand Thursday, but did not utter a word.

Instead, he was asked to step down by his defense attorneys after a passionate discussion with the judge — with the jurors out of the room — over the nature of questions that Bell could be asked.

Third District Judge Paul Maughan had earlier sharply scolded defense attorney Susanne Gustin for attempting to portray Bell as a victim when he is a defendant standing trial. Bell told police he was beaten by some of his neighbors and their relatives on July 4, 2008, after one woman said she found her daughter, 2, and nephew, 4, in Bell's bedroom in his South Salt Lake home.

"You seem to have trouble being here to defend Mr. Bell, not prosecute the neighbors," Maughan told Gustin. "It's delaying this court, it's delaying this trial and it's disadvantaging everyone here."

The judge said there may come a day when Bell and his partner, Daniel Fair, will be regarded as victims in a courtroom. "But today is not that day, and this is not that trial."

Bell, 31, is charged with two counts of child kidnapping, first-degree felonies, and second-degree felony burglary.

Prosecutors contend Bell, who had been at an outdoor party at the neighbor's house earlier, went into the neighbor's home and, without parental permission, illegally took the children back to his own place. The mother of one child said she entered Bell's home after finding two children missing and discovered the youngsters standing together holding hands and crying in Bell's bedroom, while Bell lay on the floor and his partner sat on the bed.

She said Bell was saying things to the children that made her uncomfortable, such as, "You are so beautiful."

However, Bell's defense team claims their client took the children in after they were wandering around the area unsupervised while their parents were drinking and partying at the all-night bash.

Defense witness Megan Dunyon, who had socialized with Bell earlier that night and was sleeping on his couch, said she heard children in the house, but nowhere near Bell's bedroom. Another defense witness, Sean Lyman, who also was at Bell's house, said he overheard Bell's voice saying, "Come on, let's try and find your mommy."