{"id":15932,"date":"2025-10-27T19:35:42","date_gmt":"2025-10-28T01:35:42","guid":{"rendered":"https:\/\/dh.durangoherald.com\/tj\/jury-seated-in-sex-assault-trial-of-former-ute-mountain-ute-leader\/"},"modified":"2026-03-31T03:52:10","modified_gmt":"2026-03-31T03:52:10","slug":"jury-seated-in-sex-assault-trial-of-former-ute-mountain-ute-leader","status":"publish","type":"post","link":"https:\/\/dh.durangoherald.com\/tj\/jury-seated-in-sex-assault-trial-of-former-ute-mountain-ute-leader\/","title":{"rendered":"Jury seated in sex assault trial of former Ute Mountain Ute leader"},"content":{"rendered":"<p><figure class=\"wp-block-image naviga-inline-image naviga-align-left alignleft\"><img decoding=\"async\" src=\"https:\/\/imengine.public.prod.dur.navigacloud.com\/?uuid=179346c6-5af7-581b-916d-53e4486b802d&amp;function=cover&amp;type=preview&amp;source=false&amp;width=2000\" width=\"2000\" height=\"2043\" alt=\"Lyndreth Wall, after being sworn in to the Tribal Council for a third term in 2024. He beat challenger Leland Collins by six votes. (Journal File Photo)\" class=\"naviga-image\" loading=\"lazy\"><figcaption><span class=\"caption\">Lyndreth Wall, after being sworn in to the Tribal Council for a third term in 2024. He beat challenger Leland Collins by six votes. (Journal File Photo)<\/span><span class=\"credit\">cca<\/span><\/figcaption><\/figure>\n<\/p>\n<p>Jury selection stretched into Tuesday during the second day of the federal trial of former Ute Mountain Ute tribal leader Lyndreth Wall. Attorneys and the judge spent a full day probing for who could give a fair determination.<\/p>\n<p>After nearly 10 hours Monday in a Durango court, that process hadn\u2019t concluded. The court resumed jury deliberations Tuesday morning, and picked a jury by the lunch break. Including two alternates, the 12-person jury is composed of 10 men and four women.<\/p>\n<p>Opening statements were to take place at 2:15 p.m.<\/p>\n<p>\u201cMy apologies, we can\u2019t get it done tonight,\u201d said U.S. District Judge Gordon Gallagher, who presides over the case. He apologized for not getting the panel selected by 6 p.m.<\/p>\n<p>\u201cWe have been in court for a long period of time. We also have a circumstance where we need to finish jury selection that is every bit important,\u201d he told the court.<\/p>\n<p>More than 70 prospective jurors initially reported to the federal court at 8 a.m., some traveling over 150 miles from places like the San Luis Valley, underscoring the weight and reach of the case in Southwest Colorado.<\/p>\n<p>The government alleges Wall, a once-prominent community fixture, used traditional medical practices for years as a pretense to sexually abuse five females, including one they say was underage at the time. Wall faces 20 felony charges in the federal court, six counts of sexual assault and 14 charges of abusive sexual contact.<\/p>\n<p>The day\u2019s focus was chockful of questioning that aligned with the serious elements in the case. It included matters regarding allegations of sexual allegations, when accusations are reported to officials of law enforcement and whether multiple accusations might alter perceptions of guilt.<\/p>\n<p>After jury check-in during the morning, Gallagher told jurors the selection process would likely take most of the day. He explained the court could accommodate medical or physical needs, including regular breaks. One prospective juror, who said they suffered PTSD in courtrooms generally, was excused.<\/p>\n<p>The judge and attorneys posed wide-ranging questions, aimed at uncovering whether jurors\u2019 personal histories and beliefs shape their ability to remain fair. Some jurors were asked how they viewed the role of cultural or spiritual practices in allegations of sexual assault.<\/p>\n<p>Several jurors who disclosed personal histories or stories involving sexual assault were dismissed. Others were dismissed for personal hardships or scheduling conflicts. After lunchtime, some 50 people were left.<\/p>\n<p>Assistant U.S. Attorney Josh Player led Monday\u2019s questioning for the government, asking jurors to consider how they determine credibility, particularly in cases involving incidents of sexual assault that lack DNA evidence.<\/p>\n<p>\u201cHow do you decide if anybody is telling the truth?\u201d Player asked early in the afternoon. Some jurors said they would look for consistency across incident reports or patterns in victim testimony, while others said they need to hear directly from both sides before developing an opinion.<\/p>\n<p>\u201cIf you heard from six different witnesses who all described similar experiences,\u201d Player asked one prospective juror, \u201cwould that convince you?\u201d<\/p>\n<p>\u201cI think so, yes,\u201d the prospective juror responded. \u201cIf their stories were consistent.\u201d<\/p>\n<p>Player told the panel that recollection rarely aligns \u201cperfectly.\u201d \u201cDo you always tell the story of your wedding day the exact same way?\u201d he asked one person, saying the example explained how small differences in stories don\u2019t necessarily mean someone is lying.<\/p>\n<p>Much of the questioning probed how jurors understand or view victim behavior, such as delays in reporting or reactions during alleged assaults. When asked whether a long delay in reporting would make them doubt a victim\u2019s account, one juror said, \u201cI don\u2019t know,\u201d while another responded that such hesitation might reflect \u201cfear or embarrassment.\u201d<\/p>\n<p>Later questioning from Player turned to how social dynamics, such as how a person\u2019s long-standing reputation in a community or close proximity to an alleged victim, might influence reporting.<\/p>\n<p>Defense attorney Summer Woods used her questioning Monday afternoon to focus on jurors\u2019 ability to uphold the presumption of innocence while determining if there is guilty proof beyond a reasonable doubt.<\/p>\n<p>Woods started by thanking the panel for their time and candor, saying, \u201cThe better you are honest and willing to talk to me, the better you are to serve as a jury.\u201d<\/p>\n<p>Woods asked jurors to consider whether they could be impartial. Particularly, if a witness became emotional while testifying or if they heard that several women had made similar allegations. \u201cSitting here right now,\u201d she asked one juror, \u201cthere are five women. Are you still able to presume innocence?\u201d<\/p>\n<p>Some jurors admitted it would be difficult. \u201cWhen there are five victims, you kind of automatically assume,\u201d one said. Another added, \u201cIf it was five of my friends who approached me and claimed someone did this to them, I would believe them,\u201d but said it would be easier to presume innocence with strangers.<\/p>\n<p>Others responded that they would \u201cneed to hear both sides\u201d and \u201clook at all the evidence and see where that goes.\u201d<\/p>\n<p>One prospective juror said each allegation must be proven individually and that \u201cjust because you say there are five women, that is just a single data point\u201d and ultimately, \u201cit\u2019s up to the prosecution to prove five different allegations.\u201d<\/p>\n<p>Woods also asked about potential favorable bias toward law enforcement, including whether jurors would automatically believe an FBI agent over another witness. \u201cWould you be able to follow the law that you have to treat his oath the same as every oath?\u201d she asked the panel.<\/p>\n<p>After a jury is seated Tuesday, attorneys are expected to begin opening statements for the trial that is scheduled to last 10 days.<\/p>\n","protected":false},"excerpt":{"rendered":"<p>Attorneys, judge spent more 15 hours questioning more than 70 prospective jurors <\/p>\n","protected":false},"author":1,"featured_media":15807,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_acf_changed":false,"footnotes":""},"categories":[],"tags":[28,29],"naviga_topic":[],"class_list":["post-15932","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","tag-headlines","tag-newsletter"],"acf":[],"author_name":"dh_admin","_links":{"self":[{"href":"https:\/\/dh.durangoherald.com\/tj\/wp-json\/wp\/v2\/posts\/15932","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/dh.durangoherald.com\/tj\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/dh.durangoherald.com\/tj\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/dh.durangoherald.com\/tj\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/dh.durangoherald.com\/tj\/wp-json\/wp\/v2\/comments?post=15932"}],"version-history":[{"count":2,"href":"https:\/\/dh.durangoherald.com\/tj\/wp-json\/wp\/v2\/posts\/15932\/revisions"}],"predecessor-version":[{"id":19923,"href":"https:\/\/dh.durangoherald.com\/tj\/wp-json\/wp\/v2\/posts\/15932\/revisions\/19923"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/dh.durangoherald.com\/tj\/wp-json\/wp\/v2\/media\/15807"}],"wp:attachment":[{"href":"https:\/\/dh.durangoherald.com\/tj\/wp-json\/wp\/v2\/media?parent=15932"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/dh.durangoherald.com\/tj\/wp-json\/wp\/v2\/categories?post=15932"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/dh.durangoherald.com\/tj\/wp-json\/wp\/v2\/tags?post=15932"},{"taxonomy":"naviga_topic","embeddable":true,"href":"https:\/\/dh.durangoherald.com\/tj\/wp-json\/wp\/v2\/naviga_topic?post=15932"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}