Kidnapping trial ends in acquittal

Published: Friday, Sept. 25, 2009 10:14 p.m. MDT
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Nearly the entire courtroom audience burst into tears Friday when a jury pronounced David James Bell "not guilty" of child kidnapping and burglary.

Some were jubilant Bell supporters who had claimed all along that he was being singled out for prosecution on flimsy charges because he is gay.

But relatives of the two preschoolers involved in the case wept bitterly and left the courtroom without saying a word as theywiped their tears and helped other distraught family members walk outside.

Lulu Latu, the mother of one of the children in the case, continued sobbing in the hallway outside the courtroom and while she got into the elevator to leave. Angry comments could be heard as some courtroom observers left — some snapping that the trial's outcome would have been different if the children had been white. The families involved are Pacific Islanders; Bell is Caucasian.

After the verdict was announced, Bell went into a back room, seeking to confer with jurors. He emerged later flanked by two defense attorneys who held his arms aloft like a triumphant athlete as a sizeable crowd in the 3rd District courthouse hallway cheered and clapped.

"For once, in the very corrupt system that I found it, justice has been served," Bell, 31, said.

Story continues below

Roger Kraft, one of Bell's defense attorneys, said a plea bargain had previously been offered that would have required some type of guilty plea by Bell with recommendation for no prison time. But Kraft said Bell said they wanted to fight the charges because he is innocent.

"I wasn't willing to cop to something I didn't do," Bell declared, as the crowd cheered repeatedly.

Defense attorney Susanne Gustin said jurors she spoke to after the trial were "disgusted and irritated" that the charges had even been brought by the Salt Lake County District Attorney's Office, and the jurors were displeased by the estimated $100,000 cost of the trial. "They said they were angry," Gustin stated.

Bell said his sexual orientation may have been a factor in the case, but there was more to it.

The unusual case has, from the beginning, involved allegations of prejudice on both sides and brutal assaults on Bell and his partner, Dan Fair, that have not been prosecuted. However, a spokeswoman for the district attorney's office told the Deseret News after the verdict Friday that the assault allegations will be reviewed again and assault charges considered.

Bell's defense team successfully argued that Bell never kidnapped the children but had simply taken in two youngsters, ages 4 and 2, on July 4, 2008, at his South Salt Lake home because they were wandering around in the early-morning hours while their parents drank and partied.

Recent comments

The stars and the planets were not lined up properly that night....

Anonymous | Sept. 30, 2009 at 3:42 p.m.

This really shouldn't ever have gone to trial in the first place....

trial | Sept. 30, 2009 at 6:10 a.m.

I understand why this man might shelter kids found wandering alone in...

Call the cops? | Sept. 28, 2009 at 10:51 a.m.

Image
Jeffrey D. Allred, Deseret News

David James Bell blows a kiss to someone in the courtroom before his kidnapping and burglary trial resumes in 3rd District Court Friday.

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