Polygamist Given Prison Sentence
 
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Tri-State News Network
 
KINGMAN, AZ - Mohave County Superior Court Judge James Chavez imposed a nine month prison sentence December when prosecutor Matt Smith only asked for "substantial jail" for a Colorado City polygamist convicted of sex offenses involving a supportive church-assigned spiritual wife. The punishment prompted a one word response from defense attorney Bruce Griffen.

"Shocked," Griffen said of the sentence Judge Chavez handed down earlier this week for his client David Bateman, 49. Griffen said he was unable to speak with Bateman as he was quickly taken into custody, but that an appeal is virtually guaranteed.

"The likelihood that it won't be appealed is zero," Griffen said. "To give a non-probationary disposition in my mind was error." Griffen noted Judge Chavez found eight or nine mitigating (positive) factors and no aggravators. He said the law calls for a super mitigated sentence when a Judge finds no aggravators and at least two substantial mitigating factors.

Griffen said under his own analysis, Chavez should have imposed probation and no more than four months county jail time.

"I think it was an abuse of discretion and an arbitrary and capricious decision by the Court."

Griffen added a win on appeal would only be a very hollow victory for Bateman. Slow as the appellate process is, Griffen said, Bateman would likely complete his prison term before his convictions and sentence would be decided by a higher court.
 
Tri-State News Network
Originally published December 22, 2006
 
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