SALT LAKE CITY—
The men accused of beating D.J. Bell and his partner Dan Fair, claims the district attorney promised them immunity if they testify in court. Utah DA, Lohra Miller says that she did promise them immunity, but only in the case where Bell was accused of kidnapping two children from his neighbor's house. Bell was later found not guilty in court. Prosecutors took what the alleged attackers said in statement and are using it against them.The men were previously charged with aggravated assault after they were allegedly given immunity for testifying against Bell. The defense for the seven accused say they are not being justly charged. Bell and his partner say their attackers should go to prison.
On July 4, 2008, Bell and his partner Fair had two neighbor children at their South Salt Lake home after taking them while their parents held a party. The children's parents and five other friends allegedly beat the couple in Bell's home. Bell was then charged with kidnapping and the parents testified against him at his trial.
After Bell was acquitted, the district attorney charged the parents and their friends with aggravated assault. The defense says the charges were inappropriate because they were promised immunity.
Miller took the stand Tuesday and said it was not a clear case of immunity. She claimed new information was found in order to rightfully charge the parents and their friends.
Defense attorneys say it is a conflict of interest to have Miller and her office on the case and want them recused during the trial.
The case will continue Aug. 26 where the lead prosecutor will be present.
FOX 13's Gene Kennedy reports.
