Defense fights sexual misconduct allegations
 
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Tri-State News Network
 
KINGMAN, Ariz. - An attorney representing eight Colorado City men who are indicted for allegedly sexually offending underage ceremonial wives has unveiled his first defense strategy in one of the cases. Bruce Griffen has asked Mohave County Superior Court Judge James Chavez to remand to the Grand Jury the case against David Bateman, 48. Griffen said the panel should not have authorized charges against Bateman because the state can't prove where the alleged offenses occurred.

"Even if you assume that the offense was committed, there is no evidence, whatsoever, that establishes the commission of the offense is in this jurisdiction, let alone the state of Arizona, frankly, let alone anywhere," Griffen said. "If the state can't establish where a crime was committed it cannot establish jurisdiction for this court to proceed with this case."

Mohave County Attorney Matt Smith said that the state does not have to prove its case beyond a reasonable doubt to earn an indictment from the Grand Jury. Smith said that probable cause is the standard in the Grand Jury arena and that the state had met that burden in its case against Bateman. Smith argued that common sense and facts of residency and the relationship between the defendant and the alleged victim and her pregnancy yields the conclusion that the offense would likely have occurred at Bateman's home in Colorado City.

"If you're talking about is this enough to prove that they had sexual intercourse at that address, the answer is 'no', but when you're talking about probable cause the answer has got to be 'yes'", Smith said.

Judge Chavez did not rule from the bench during the August 31 hearing. He took the matter under advisement for future ruling.
 
Tri-State News Network
Originally published Thursday, September 8, 2005
 
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