Lyndreth Wall told a federal judge Monday he will not testify, moving his sexual assault trial to closing arguments Tuesday before jury deliberations.
Wall, a former Ute Mountain Ute councilman facing 20 counts of sexual assault and sexual contact involving multiple women, confirmed his decision Monday in Durango federal court.
After 11 days of trial, six women testified Wall abused them during spiritual healing ceremonies. The defense questioned the FBI’s handling of the case and argued the allegations stemmed from tribal politics and personal disputes.
Wall met privately with his attorneys for 30 minutes before returning to court, where U.S. District Judge Gordon Gallagher repeated an advisement informing him of his constitutional rights.
“You have the right to testify, and you have the right to remain silent. Of course, you cannot do both of those things,” the judge said. “If you choose not to testify, I would instruct the jury that they could not hold that against you.”
Wall stated afterward: “My decision is I will not testify.”
The defense rested shortly after, ending a morning focused on testimony from Wall’s ex-wife, whose words were marked by pauses and visible emotion.
Gallagher dismissed jurors for the rest of the day, explaining that final jury instructions needed to be resolved before Tuesday’s closing arguments. Attorneys and the judge then debated language in the instructions outside jurors’ presence. After attorneys deliver final summations Tuesday morning, the case will go to the jury for deliberation.
Cara Wall testified she was married to Wall for 20 years before their divorce was finalized in August. She described first meeting him in 2002 at the Ute Mountain Travel Center in Towaoc while working as a store clerk. She spoke softly about raising their two daughters, at times through tears.
She said Wall struggled to get jobs with tribal enterprises because he believed he was denied opportunities by members of the tribal council, despite having a CDL license and previous experience working with heavy equipment.
“You testified it was your impression Mr. Wall was blackballed, right?” asked defense attorney Laura Suelau. “Do you think that was based on, in part, his personality?”
“Yes … To be honest, he was blackballed by the tribe. Lyndreth has always been outspoken, and the tribe did not like people who were outspoken,” Cara Wall said.
She also described his traditional practices, saying he conducted blessings, but she was a believer of Christ. She said she never heard anyone tell her they were being abused. She said he performed more ceremonies before joining the council because he became busier afterward.
Her tone shifted when she described Wall serving on council. She said his travel and responsibilities divided his time and took him away from the family.
“Why did you file for divorce?” Suelau asked.
“Like I said before when he got on council, it took a toll on our marriage,” Cara Wall responded.
Suelau then asked: “Did you ever hear rumors about Mr. Wall cheating on you?”
“Yes,” she said. “I didn’t believe them.”
When questioned about her relationship with one of the women accusing Wall of sexual abuse, she said she knew her as a family acquaintance. She testified she saw Wall begin talking and texting with the woman more often after he was elected to tribal council in 2021, years after the alleged abuse took place.
Assistant U.S. Attorney Jeffrey Graves used cross-examination to assert she had financial motive to testify favorably for Wall. Graves pointed out the drop in income after Wall’s arrest, suggesting if he was acquitted he could go back to work and pay $2,100 in monthly child-support payments.
“Things were going pretty well for you guys, financially, right?” Graves asked. “You’ve referred to him as a big-time councilman?”
“Because I was frustrated, yes,” she replied.
“The value of his assets in some real sense, it depends on what happens in this trial,” the prosecutor said.
He continued: “If he gets back on tribal council, it means you and your kids are going to get more money. Mr. Wall’s payments from the tribe are set to increase next month, and he has said you are going to get those payments?”
“Not me, the kids,” Cara Wall responded. “I am not going to sit here and say it’s about the money, it’s not about the money.”
He then placed focus on recorded jail calls between her and Wall.
“The defendant told you Cara, ‘I really appreciate you telling the people not to say a word. He has told you in style or substance to not talk about this case, right?” Graves asked.
“Yes,” she responded.
Graves also questioned her about a phone call where the two allegedly discussed the timing of their divorce. She insisted the divorce was her choice and not tied to any charges. She said Wall wanted her to wait “because he didn’t get to appear in court and the judge never heard his side” about the divorce.
Cara Wall became emotional when describing Wall’s personality, repeating that his commitment drove a wedge between them. She called him very trusting and a good father. She said she never heard anyone tell her he had assaulted them during ceremonies and would have confronted him if they had.
“Did that happen?” Suelau asked.
“No,” she said.
The defense began Monday by calling Jacqueline Silbermann, chief investigator for the Federal Public Defender’s Office, who described interacting with two Ute Mountain Ute tribal officials.
Silbermann testified she spoke with Councilman Alston Turtle about a past conference he attended with Wall and one of the women accusing him. Silbermann said his remarks to her did not match statements he later gave on the stand. She said her conversation with him was “pretty short and abrupt.”
She then discussed an effort to serve a subpoena to former Ute Mountain Ute Chairman Manuel Heart on the first day of trial. Silbermann said Heart refused the document, telling her he had not been served and was not going to appear. When she placed the subpoena on a desk nearby, she said Heart “picked it up and pushed it into my chest.”
“He described Mr. Wall as a bad man. He asked if we were Native American, and I said no, and he said that we would not understand,” she testified.
On cross-examination, the prosecution asked whether Heart and Turtle ultimately appeared in court. Silbermann confirmed they did.
