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KINGMAN, Ariz. (AP) -- A judge in Mohave County turned down a defense request for a new trial for a polygamous Colorado City man convicted in October of having sex with an underage girl.
David Romaine Bateman, 49, was convicted of felony sexual conduct with a minor and conspiracy to commit sexual conduct with a minor and faces up to two years in prison on each count. He also could be sentenced to probation only.
Defense lawyer Bruce Griffin argued Tuesday that Bateman should get a new trial because a key prosecution witness, Richard Holm, overheard Mohave County Attorney Matt Smith's opening statements. Holm is a former member of Bateman's church, the Fundamentalist Church of Jesus Christ of Latter Day Saints.
Griffin also said prosecutors should have revealed more about Holm's history with his former wife, and that a juror's negative feelings about church leader Warren Jeffs should have been revealed before trial.
Judge James Chavez turned aside the challenges, saying none affected Bateman's fair trial rights. He reset Bateman's sentencing for Dec. 15.
Four other members of the polygamous community face similar trials in coming in coming months, all represented by Griffin. Two other sect members have already been tried, with one convicted and one acquitted. The eighth member charged in Mohave County had charges dismissed.
The FLDS church practices polygamy and represents itself as an offshoot of the mainstream Mormon church, based in Salt Lake City. The Mormons, however, disavow any connection and renounced polygamy in 1890 as a condition of statehood.
Jeffs also faces five counts of sexual conduct with a minor and two counts of conspiracy to commit sexual conduct with a minor in Mohave County. He was captured outside Las Vegas in August after nearly two years as a fugitive.
Jeffs faces more serious charges of rape as an accomplice in Washington County, Utah. His preliminary hearing on the Utah charges began this week and is set to resume in mid-December.
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Information from: Mohave Valley Daily News, http://www.mohavedailynews.com
(Copyright 2006 by The Associated Press. All Rights Reserved.)
