A state judge has ruled the Salt Lake County District Attorney's Office can continue prosecuting the defendants accused of beating David James Bell.

Third District Judge Robert Faust wrote there is no precedent for removing an entire prosecutors office because it previously used defendants as witnesses.

"Defendants were witnesses and possible victims in a criminal prosecution," Faust wrote. "This fact, without more, does not create an attorney/client relationship."

Faust, however, suggested the defendants could have some of their statements suppressed as evidence on Fifth Amendment grounds. Faust said such a motion would have to be argued.

The seven defendants accused with felony riot related to the attack on Bell had wanted the District Attorney's Office removed and another prosecutor's office appointed to the case. Defense attorneys had ultimately hoped a new prosecutor would dismiss the charges.

The attack on Bell occurred during a July Fourth party in 2008 in South Salt Lake. The defendants thought Bell had taken two young children from one of the defendants' home and into his own.

Bell was acquitted of kidnapping in a trial in 2009. Some of the defendants in the current riot case testified during Bell's trial or made incriminating statements as part of the investigation.

Defense attorneys for the seven argued the district attorney made promises that its office would not prosecute their clients if they testified in the Bell case. The defense lawyers for the seven have said they would have advised their clients not to testify if they had known they could be charged with crimes later.

Salt Lake County District Attorney Lohra Miller has twice testified on the issue of whether her office should prosecute the case. On the witness stand last month, Miller said her attorneys frequently have to prosecute victims and witnesses to other crimes in order to pursue justice.