Polygamous Sect Leader Child Abuse Trial — Full Openings

[00:00:00] Speaker 1: The crime of child abuse requires proof that the defendant, having the care or custody of a child under circumstances other than those likely to produce death or serious physical injury, intentionally or knowingly did cause or permit the child's person or health to be injured or to be placed in a situation where her health was endangered. It is further alleged that the defendant committed this offense through the use of a GMC Sierra Denali and Wells cargo trailer, a dangerous instrument under Arizona law. Intentionally or with intent to, as used in these instructions, means that a defendant's objective is to cause that result or to engage in that conduct. Knowingly means that a defendant acted with awareness of or belief in the existence of conduct or circumstances constituting an offense, it does not mean the defendant must have known the conduct is forbidden by law. Dangerous instrument means anything that is readily capable of causing death or serious physical injury under the circumstances the case in which it is used. The defendant has pled not guilty to the charges. The state must prove each element of the charged crime beyond a reasonable doubt. I will give you more details and definitions about the alleged crime in the final jury instructions. The state has charged the defendant with a crime. The charge is not evidence against the defendant. You must not think the defendant is guilty just because the defendant has been charged with a crime. The defendant has pled not guilty. The defendant's plea of not guilty means the state must prove every part of the charge beyond a reasonable doubt. The law does not require a defendant to prove innocence. Every defendant is presumed by law to be innocent. The state has the burden of proving the defendant guilty beyond a reasonable doubt. In civil cases, it is only necessary to prove that a fact is more likely true than not or that his truth is highly probable. In criminal cases such as this, the state's proof must be more powerful than that. It must be beyond a reasonable doubt. proof beyond a reasonable doubt. Proof beyond a reasonable doubt is proof that leaves you firmly convinced of the defendant's guilt. There are very few things in this world that we know with absolute certainty. And in criminal cases, the law does not require proof that overcomes every doubt. If, based on your consideration of the evidence, you are firmly convinced that the defendant is guilty of the crime charged, you must find him guilty. If, on the other hand, you think that there is a real possibility that he is not guilty, you must give him the benefit of the doubt and find him not guilty. If, in deciding whether the defendant is guilty or not guilty, he is guilty or not guilty, as exhibits and any evidence stipulated… All right, you may proceed again, just as a reminder, both parties are welcome to use this space however you choose during your respective openings. Thank you, Josh. [00:03:37] Speaker ?: Josh. Josh. Josh. [00:03:40] Speaker 2: Josh. Josh. Josh. [00:03:43] Speaker ?: Josh. [00:04:07] Speaker 2: Josh. [00:04:08] Speaker ?: Josh. [00:04:08] Speaker 2: Josh. Josh. [00:04:10] Speaker ?: Josh. [00:04:10] Speaker 2: Josh. [00:04:11] Speaker ?: Josh. [00:04:37] Speaker 2: the chairs. They were not seated. And that's why, as you can see, shoved into the back of this cargo trailer, there was a makeshift bathroom with a toilet seat on top of a blue bucket with a black trash bag lining. With, as you can see on the sides, marina and purple curtains for privacy. But that wasn't all. You could see numerous objects that were stuffed into this small trailer, with these three young girls. Below the couch and folding chairs, there's a generator, pictured here, as well as a stroller, next to a gas tank, next to that generator, next to that toilet and couch. And right next to the fuel tank, two filled water jugs with loose fudgy cables around them. And even a metal shovel behind the makeshift bathroom curtain. Any one of these objects, on its own, would have posed a risk or harm to these girls inside. And of course, as you can see here, this was not a passenger vehicle. It was not a car. It was a trailer. You'll hear it was a Wells cargo trailer. Not designed for human occupancy or use. A metal box trailer. Without ventilation. Without windows. Without air conditioning. And as is obvious, no secure or fixed seats. As I said before, certainly no seatbelts. And this journey for these three girls in this hot trailer was not a brief one. As you will hear, they loaded up in Colorado City, Arizona, over three and a half hours away from Plystaff. Three and a half hours away, as I said, on a journey in a hot trailer, without ventilation, without windows, without air conditioning. With three young girls, ages 14, 12, and 11, on this treacherous journey. And that's because of this man. Defendant Samuel Bateman. Who supervised them. Who was washing over them. Who was supposed to be taking care of them. They were in his care of custody. And this trip was his idea. They loaded the trailer with him in Colorado City. And they were on the phone with him almost the entire time during this journey. And that was happening while he was safely in the driver's seat of this air-conditioned pickup truck, as you can see here. A truck that has equipped with seatbelts and common safety features. The truck that Mr. Bateman was then pulling this metal box trailer. You'll hear in this case that there was a tip from a 911 caller about this situation. And then a short time later, an employee of the Arizona Department of Public Safety spotted this truck and trailer. And as I mentioned before, spotted those child's fingers sticking precariously out on top of that trailer. That employee was Gary Crosby. He's a roadside voters assist agent with the Department of Public Safety. And when he saw that truck and trailer, he was alarmed. And he began to follow it and observe it. As I mentioned, he spotted the fingers poking out of the top of this unlatched trailer. I think fingers that were keeping this unlatched, the improbably latched trailer door precariously shut. Crosby followed the vehicle, the truck and trailer, until Samuel Baker, the defendant, suspicious and paranoid on law enforcement, stopped the truck and trailer at 2001 East Hunting Tribe, drive here in Flagstaff by the E-Mall store. I'm going to play for you now a short video, and just so you know there's no audio here at the beginning, the show's supposed to be made emerging from the driver's side of that truck. [00:09:15] Speaker 3: Nothing else on you? Bones? What's that? What's your name, sir? Samuel? Do you have any other weapons on you? Please don't reach in your pockets, just like you. We're out here because there is supposed to be people in the truck. [00:09:52] Speaker 2: Now when Sam Bacon stopped at the E-Mall store, he didn't get out, he comes down right away, and the girls, Corey's instructions, remained concealed in the back of the trailer. More law enforcement as you can see arrived on scene, and that's when you just saw Samuel Bateman emerge from the driver's side door of that park pickup. After speaking with Mr. Bateman, law enforcement proceeded to approach the trailer to see who or what was inside. And that is when the three girls, Shirley, age 11, Gladys, age 12, and Dorothea, age 14, emerge from the vehicle, as you'll see here. And again, let's say there's a little sound. [00:10:46] Speaker ?: *cough* *cough* *cough* *cough* *cough* *cough* *cough* *cough* *cough* *cough* *cough* [00:12:11] Speaker 2: and the trailer as well as the women who accompanied Samuel Bateman in the truck. And you can see here in this photo those individuals and the phones that Sam Bateman used to keep in touch with them. Those girls in the trailer were Dorothea, then age 14, and Gladys, then just 12 years old. And Shirley, then just 11 years old. They will tell you about their arduous trap inside this trailer. But what this case is without ultimately is that this man, Samuel Bateman, knew those girls were in there. That it was his idea, but they were in his care and custody. And that he knew they were back for the entire time. Because he was, as was their custom, on the phone with them, often on the entire time. You'll hear there was at least one stock along the way, including at the Silver Saddle Trading Post in Flagstaff. That these girls were with him during this entire journey. And that Bateman only pulled over when, ever paranoid, he noticed law enforcement nearby. That is, there were plenty of chances to stop and ruin this situation. And Mr. Bateman didn't take advantage of those opportunities. You will hear that this was not the first time this occurred. That Bateman had been warned about this kind of thing before. When just two weeks earlier, on August 14th of 2022, he was docked for transporting those same three young girls, Shirley, 11, Lattice, 12, Dorothea, age 14, all under 18 to be cleared, in a similarly unsafe fashion. And you'll see them at that collar to see traffic stop, getting out, in this video. They put them into a situation, not when they were actually injured, but that where their health was indeed, certainly, endangered. As the judge mentioned, it's through the light of common sense, reason, and experience. It's common sense to know who or what is in the trailer that you're pulling. As the judge mentioned to you in this case, these charges are three counts of child abuse. And that's what this case was, the statement's meant to you. It was child abuse. Placing these three young girls, not adults with independence, in a sensual situation where, in any common driving scenario, a bump in the road, a sudden stop, or even a minor collision, there would be a risk injury. And we know as well, the judge told you, that lawyers concentrate on evidence. And so, the state's going to ask you to listen carefully to the evidence and watch and hear the evidence. And as the court mentioned as well, you're not going to be receiving transgressive testimony or copies of trial testimony. So it's up to you, as the court told you, to take notes, listen carefully, pay attention, throughout the course of the trial. [00:15:35] Speaker ?: Opening statement at this time, or reserved on your opening until the close of the state's case? I think I'd like to do it right now. Okay. Go ahead, whenever you're ready. And Mr. Holmes, in terms of Mr. Bateman, did you okay at all? I don't believe I know. Okay, thank you. Okay. [00:15:55] Speaker 4: Are you okay? Okay, so first of all, I would ask that you to be patient with me, because this is my first time. I don't really know what to do. I've prepared something here, so... [00:16:11] Speaker 1: You can't hear it. Okay, if you'll speak louder, Mr. Bateman, let's test the microphone. Just make sure that it's playing loud. [00:16:19] Speaker ?: Okay, just speak louder, okay? [00:16:20] Speaker 1: Okay. Okay. And you might move it up further on your lapel, so it catches you better. Yeah. Okay. [00:16:27] Speaker ?: Okay. [00:16:28] Speaker 4: Okay, I was just asking if you would be patient with me, because I've never done this before. I've prepared some old statements here. Okay, the only thing I'd like to mention is that you will not hear, you just won't ever hear that they will prove that I would intentionally be in harm anyone. That's not even in my nature. I'm a kind and loving father. And I'm not so good at heart as other people. So, they will not prove that. Sir, I'm sorry. Sir, I'm sorry. Sir, can you hear? No. No, I apologize. So, I was just saying that, um, you will not hear that I intentionally hurt anyone. Um, they won't be able to prove it because it doesn't seem like you're in harm. I'm a kind person, and when people ask things, I just, I can't let them do it. And these girls like to do those things. But after I arrived back in the table, we used to go on outings at least once a week and very often. And we'd go out in the boonies, so they're used to writing. And that's right, they're in the boonies. [00:17:39] Speaker 1: And since you have the hand microphone, Mr. Bateman, I'll just remind you that if you want to use the boonies, which has a stand for a microphone, you're welcome to do that. You're not required to. I just want to make sure that you know that and remember that that's available if you wish. [00:18:16] Speaker 4: Okay. [00:18:17] Speaker 1: Thank you. [00:18:18] Speaker 4: Can you hear me okay there? Okay. I'm tired again. So I just ask you to be patient with me since this is my first time on a non-blogger. But I'm just saying that I'm a kind and loving father. That's just what I am. I'm very kind and gentle. And I don't ever willingly harm anybody. I don't even spain my children or anything like that, so. Also, please realize that the informational indictment is not evidence. I just ask you to make your ruling on facts and evidence, not on feelings or opinions or whatever stories you've heard. And also remember, as I say here, that I have a clean slate. It's just a very clean slate, so please keep that in mind. And it is up to the state to prove their case. And when the government makes their opening statement, excuse me, sorry. Yeah, I apologize for my notes here. But again, I'll just mention that the government will never prove that my table is to harm them. Because it's not my nature. And I'd also like to mention that I was already parked. And it was, the government said that I, um, paranoially pulled over. Because, um, the, Gary Crosby, I think, said they pulled up beside me. But what actually happened is the girls in the trailer called me and said, "Hey, we're back here." And I was so shocked. I was like, "Oh, my goodness." They said their hands were sticking out of the trailer in the back door. And so I pulled over immediately. And it just so happened to be that that's right at the exact time that Gary Crosby pulled up behind me. And he pulled up real fast and just right behind my trailer. And so I kind of got paranoid. And he's like, "Oh, boy, what should I do?" So I, I mean, like literally I was on the phone with those girls right when he pulled up beside me. So, yeah, apparently it looked like I was really paranoid. So it kind of was anyway. But, um, I will say those girls asked me quite a few times if I could get back there. And I, I told them no at first. But then I just finally gave in. And it was done, I promise. I, I know it was done. Shouldn't have done it. And I'd like to mention that I was already in the parking lot parked for probably four or five minutes before the cops ever showed up. So they didn't have a nice one. And I've had several attorneys and they told me that it's all important is that you have to be pulled over. And I wasn't, I was already marked. Marked in the parking lot. Because those girls called me and told me they're back there with their hands out the door. So I was like, "Oh, my goodness." So I pulled over. And, um, some of the testimony you'll hear that I swerved back and forth. Yeah, that's because this guy was foamy so close. And I, I knew that he was part of the, like the city, a city worker. So, yeah, I was very paranoid. Okay, another question I have is, the government claims that there was a 911 call. But I asked, "Where is that person?" And there was, there's nowhere to be found. And I just remind you that there were three, three cell phones back there. I think one of them actually didn't work. It was just used as a 911 call. But at least two cell phones back there. And I'd also like to mention that that trader was, like you can tell, is an old, crusty trader. Had holes all over them. I wasn't worried one bit worried about ventilation. Had, actually, had quite a bit of ventilation. I mean, I'm not saying it wasn't a lot. Probably was hot. Yeah, they're on the phone with me at all times, pretty much, as long as there was service. That's kind of how we traveled as a family. The whole group was probably about 40 people and maybe five or six vehicles in our caravans, pretty much everywhere we went. Yeah, we did a lot of outings. And we did a lot of outings. I also mentioned that on that previous stop on August 14th, actually on both these stops, I was shocked to know when they were back there. Why would, why are there any intelligent person head out when they do something back there that they're open? That's, I don't know, that's, yeah, extremely dangerous. And also when they're in the, in the side by side, like I said, the same three girls, they're just, they're very busy, courageous girls. And so they're the same ones that like to do that kind of stuff. So they asked me if they can get back there. In the side by side, I didn't know they're back there. Somebody told me they'd asked me, but I don't know if you've ever scheduled a trip or anything. with a lot of people. You're busy. You don't know what's going on with 40 people. And somebody said that they'd asked me, but I, I didn't remember it. So I headed out. And when the officer pulled me over, he said, don't you have room in the front for them? I was just like, what are you talking about? Because I thought he was talking about little motorbikes or something. Those two little motorbikes. Why would he ask me to put those two little motorbikes up front? And then one of the girls, the pastor, she said, it's those three girls. I was like, oh my goodness, they're back there. So I guess what I'm trying to prove to you is that I don't warn people. I'm kind of gentle. It's just my very nature. Sympathetic. I'm not a child either. And I don't know if I should mention this here, but I will not be calling any of these people to ask them questions. I care too much about their feelings and I don't put pressure on them. I would be concerned about being profiled. Like there was a pretextual stop. There's just so many different aspects to this thing that the fact was pretextual. One of them was Officer C. Green. I saw that video cam later. And I don't know. They cut some of the stuff out by the way. It's just interesting that they cut a lot of video stuff out because I went looking for it. You can find it. So somebody edited it. I'm not sure who else, but I don't want to accuse, but just imagine the experience when I looked at it right first. But this is what he said, something similar. The objection here said it would strike. Sustained. Um, so this is what he said on that phone call. Judge, we ask the court to order the individual not to say the statements. [00:25:48] Speaker ?: Thank you. The objection is sustained. Um, I'll have the raise approach. So, let's go. [00:26:33] Speaker 4: So, let's go. I will mention that this was a trip that was planned for like several weeks before. We were going to Scottsdale to a Grant Cardone conference, a real estate man. And I had already paid for the Airbnb to have a pool and all the families could be there having a really enjoyable time while I went to this conference. I had received, it was like several thousand dollars for the house for two or three days. And so, it was already all planned. It was just a trip. And one thing I can say is imagine my surprise when I was doing it. It was just a beautiful family trip. We love each other. We kind and love one another. And I go to the federal court and that says you are looking up life. Amen. Amen. Amen. Okay, thank you. So, another thing I'd like to mention is if they had a cell phone and they were really in danger, they could easily call my mama. But they didn't. So, they really didn't feel like they were in danger either. As a matter of fact, they begged to beg to get back there. Like I say, I'm losing a dime. I shouldn't have done it there, you know. One last question, or one last reiteration is I just ask you to hear other testimony evidence before you make a ruling. And one other question, one other statement I mentioned. We did stop several times along the way. And they could get out. We'd get stuff out of the train. We'd carry our stuff in the train. A lot of us. Because the vehicles are so full of people. And several car sheets and stuff, so they're packed. Okay. Thank you. You're very with me. All right. Thank you. [00:29:25] Speaker ?: You know,