{"id":15896,"date":"2025-10-29T20:32:35","date_gmt":"2025-10-30T02:32:35","guid":{"rendered":"https:\/\/dh.durangoherald.com\/tj\/judge-allows-recording-in-trial-of-ute-mountain-ute-leader-as-second-witness-testifies\/"},"modified":"2026-03-31T03:52:08","modified_gmt":"2026-03-31T03:52:08","slug":"judge-allows-recording-in-trial-of-ute-mountain-ute-leader-as-second-witness-testifies","status":"publish","type":"post","link":"https:\/\/dh.durangoherald.com\/tj\/judge-allows-recording-in-trial-of-ute-mountain-ute-leader-as-second-witness-testifies\/","title":{"rendered":"Judge allows recording in trial of Ute Mountain Ute leader as second witness testifies"},"content":{"rendered":"

\"Lyndreth
Lyndreth Wall, Ute Mountain Ute tribal councilman, attended a meeting with U.S. Rep. Lauren Boebert (R-CD3) on Saturday at the Ute Mountain Ute Casino to discuss H.R. 8601, a companion bill to another piece of legislation in the U.S. Senate that would protect wildlife and water and land rights in the Dolores River Corridor. (Christian Burney\/Durango Herald)<\/span><\/figcaption><\/figure>\n<\/p>\n

Editor\u2019s Note: This story contains court testimonies and language regarding allegations of sexual assault and rape. If you or someone you may know has experienced an assault or rape and would like help, please call the National Sexual Assault Hotline at (800) 656-4673. Please use caution when reading. For more resources online, please visit the National Sexual Violence Resource Center at https:\/\/www.nsvrc.org\/survivors\/.<\/em><\/p>\n

U.S. District Judge Gordon Gallagher ruled Wednesday that jurors could hear a 2021 police recording of one woman\u2019s initial report to police accusing former Ute Mountain Ute leader Lyndreth Wall of sexual assault.<\/p>\n

The ruling came as the prosecution began expanding their case, with testimony from a second accuser following later in the day.<\/p>\n

The defense argued the roughly five-to-six-minute audio clip was hearsay that improperly favored the witness\u2019 credibility. Prosecutors countered it was admissible under a federal rule because it showed consistency in statements.<\/p>\n

Wall stands on trial for 20 felonies related to allegations of sexual assault and sexual contact. His attorneys, who will present their case after the prosecution rests, maintain his innocence.<\/p>\n

Court reconvened Wednesday in a Durango courtroom at around 9:30 a.m., beginning slightly later after a juror was excused because of a family matter. The dismissal leaves 13 jurors, including one alternate, consisting of four women and nine men.<\/p>\n

The third day of the trial marked initial outlines of the government\u2019s case, though proceedings were slowed by extensive evidentiary arguments about what jurors would be allowed to hear. Logistical and procedural matters also took up a lot of the day, including matters of evidence admissibility, subpoena issues, a sealed discussion and a final note on Wall\u2019s jail safety.<\/p>\n

The audio recording of the woman\u2019s first report to police was introduced when the defense team aimed to refresh her recollection during cross-examination. The woman\u2019s Tuesday testimony described two separate encounters she said began as traditional healing ceremonies and turned to unwanted touching and sex.<\/p>\n

During cross-examination, defense attorney Laura Suelau questioned when and how the woman first contacted police about the alleged rape occurring at an Alamosa hotel. Suelau asked why she didn\u2019t provide details about a second incident to law enforcement right away.<\/p>\n

\u201cYou did not mention Lone Tree, did you? You did not mention meeting him at your work? At no time in that phone call did you say this happened more than once?\u201d Suelau asked the witness.<\/p>\n

Assistant U.S. Attorney Jeffrey Graves then asked that the redacted clip be played for the jury. He said part of the audio is a discussion between the detective and woman about setting a time to meet and file a more detailed report. The defense argued the jury might end up considering an old statement as new evidence.<\/p>\n

\u201cPermitting the introduction of a prior statement as subsequent evidence would shift their deliberations toward statements she made four years (ago) rather than the collective memory of what came from the witness stand,\u201d said attorney Summer Woods for the defense.<\/p>\n

\u201cThe rule clearly allows the admission, because it is consistent with her descriptions. She never disclosed Lone Tree, but it is certainly consistent with what happened in Alamosa,\u201d Graves argued.<\/p>\n

Gallagher considered the arguments over a lunch break and ultimately, he let the audio in. He said it met criteria under certain subsections of Federal Rule 801.<\/p>\n

\u201cTherefore, it fits the criteria, because the defense was obviously trying to attack the witness to show she was lying,\u201d he said.<\/p>\n

Second witness testifies<\/div>\n

The prosecution called a second witness late in the day, presenting another woman\u2019s testimony that Wall assaulted her under the guise of spiritual ceremonies.<\/p>\n

The woman, who said she was 13 years old at the time of one assault, testified she knew Wall through family members. Her family considered him a relative and saw him at community events. She said she began seeing him perform ceremonies when she was around 13.<\/p>\n

\u201cHe would carry \u2026 like a \u2026 little box or a container or a bag, and he would burn cedar, and he would have feathers to bless us off with,\u201d she said. \u201cIt\u2019s called a fanning, he would take the feathers and fan us off to take the negativity away.\u201d<\/p>\n

She told jurors Wall said he needed to perform a healing to remove what he called \u201cman medicine,\u201d which she understood as a type of spiritual influence or love spell. During that ceremony, she said, he directed her to remove some clothing and touched her inappropriately while praying, saying he was clearing the \u201cman medicine.\u201d<\/p>\n

She described another incident that occurred around the same time while she was in a vehicle with Wall, saying he touched her beneath her clothing and then told her not to tell anyone, explaining that his wife and her mother would be angry.<\/p>\n

Court addresses procedural issues<\/div>\n

In one logistical challenge, the defense raised concerns about serving former Ute Mountain Ute Chairman Manuel Heart the court-ordered subpoena to testify.<\/p>\n

Woods told the court that officials from U.S. Marshals Service visited Towaoc several times to serve him the mandated paperwork. When unsuccessful, they sent him a notice through email.<\/p>\n

The federal public defender\u2019s office contacted Heart by phone Wednesday morning, Woods said, and he told them he had not received the subpoena before hanging up the call.<\/p>\n

She said he told the employee, \u201cI have not seen or met with any U.S. Marshall, and I will not testify at this trial.\u201d<\/p>\n

Woods asked the judge for advisement on next steps.<\/p>\n

Gallagher said he would not make an official ruling or issue a warrant now but directed the U.S. Marshals Service to continue trying to serve Heart the paperwork. The judge said they would remain open if new developments came to light.<\/p>\n

The trial continued Thursday morning with defense\u2019s turn to cross-examine the government\u2019s second witness.<\/p>\n","protected":false},"excerpt":{"rendered":"

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