Bell trial: Defense says DA reneged on immunity promise

Attorneys for seven people charged with beating a gay couple say the assault cases should be dismissed. DJ Bell and Dan Fair were brutally beaten on July 4, 2008 after two children from next door were found in their home. Bell was charged and later acquitted of kidnapping. The children's parents and their friends were then charged with aggravated assault. The defendants' attorneys says the District Attorney's Office promised the family members immunity if they testified at Bell's kidnapping trial, and they've got the letter to prove it. Attorney Claytons Simms says it "is a sad day when you can't rely on a letter from the district attorney.

"Read the letter, it's obvious it's right there in court documents. It's not something we created," Simms says. "It says [District Attorney] Lohra Miller right on the top of it, signed by Paul Parker from their office saying they're not going to be charged with felony offenses."


A press release from the district attorney, just before the kidnapping trial, said their was not enough evidence for assault charges. But after testifying against Bell, defense attorneys say prosecutors used those testimonies to charge family members with felony assaults.

Motion hearings are set for July. In court Tuesday, Judge Atherton reminded defendants there is a no contact order for Bell and Fair. The couple says they've been threatened over Facebook. Prosecutors say the social networking site is being monitored, even for third-party threats. Judge Atherton also ordered defendants not to blog or create a website about the case. Defense attorneys say that order violates the first amendment and is not fair while Bell and Fair maintain a website and blog about case details.

FOX 13's Arikka Von reports.



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