Kingman, USA - A Superior Court judge denied Tuesday a defense motion for a new trial for a Colorado City polygamist convicted last month of having sex with an underage girl.
David Romaine Bateman, 49, was found guilty in October of felony sexual conduct with a minor and conspiracy to commit sexual conduct with a minor. He faces up to two years in prison for each charge or he could be sentenced to probation only.
Bateman's attorney, Bruce Griffen, asked for a new trial citing that the prosecution's key witness, Richard Holm, overheard Mohave County Attorney Matt Smith's opening statements.
A court television channel televised the trial using a monitor outside of the courtroom in the hallway. Normally, witnesses are not allowed in the courtroom until they are called to testify.
Griffen also said a juror's statements to the media after the trial showed that she had a negative view of the polygamist sect's leader, Warren Jeffs. Griffen argued that she did not reveal her feelings about Jeffs during jury selection before the trial.
Another issue was that the prosecution's investigator did not disclose evidence about Holm's past history with his former wife. He was a former member of the church who was excommunicated several years ago.
Griffen also said a list he received concerning items seized at Bateman's home by sheriff detectives was inadequate. He again argued there was no evidence where the sex act took place.
Smith countered that Holm was not prejudiced even if he did overhear Smith's opening statements. He also questioned the relevancy of Holm's adultery incident that occurred 30 years ago.
Smith also said most if not all potential jurors knew about Jeffs through the media before the trial and neither he nor Griffen excluded any jurors when given the chance.
Judge James Chavez ruled it was not prejudicial if Holm had heard Smith's opening statements. He also ruled that there was not enough evidence that the juror said anything wrong after the verdict.
The judge also said Smith gave Griffen a copy of the items seized at Bateman's home, which was sufficient disclosed evidence.
Chavez also postponed Bateman's sentencing from Wednesday to Dec. 15 because of possible delays with the probation department due to the Thanksgiving holidays.
Griffen is also the attorney for seven codefendants, four who have trials set to begin in the coming months.
Vergel Bryce Jessop, 46, is charged with one count of sexual conduct with a minor and conspiracy to commit sexual conduct with a minor. His jury trial is set for Dec. 5.
Dale Evans Barlow's jury trial is set to begin Dec. 19. Barlow, 48, is charged with one count of sexual conduct with a minor and one count of conspiracy to commit sexual conduct with a minor.
Randolph Barlow's bench trial is set for Jan. 3. Barlow, 33, is charged with two counts of sexual conduct with a minor.
Rodney Holm, 40, a former Colorado City police officer, is charged with three counts of sexual conduct with a minor. His trial is set for Jan. 17.
Kelly Fischer, 39, was the first of the eight codefendants to be tried and convicted of one count of sexual conduct with a minor and one count of conspiracy to commit sexual conduct with a minor. He was sentenced to probation and 45 days in county jail.
A Mohave County jury acquitted Donald Robert Barlow, 50, of one count of sexual conduct with a minor.
Charges against Terry Darger Barlow, 25, previously charged with one count of sexual conduct with a minor and conspiracy to commit sexual conduct with a minor were recently dismissed.
Jeffs was also in court this week in Washington County where he faces rape charges in Utah. He is also charged in Mohave County with five counts of sexual conduct with a minor and two counts of conspiracy to commit sexual conduct with a minor.