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Speaker 1: What are we doing.
Speaker 3: We're breaking down the real life legal drama, intersecting with
your favorite athletes, your teams, your leagues, except with contract
disputes and iokaos, sideline scandals, court or in battles, rape allegations.
I hate talking about it, but we're diving deep with
Utah's most trusted injury attorneys. We got Garrett and Preston
Handy online. Gentlemen, how you guys doing today? Oh, I
guess they're not on the line yet. I apologize. I'm
sorry that they are not on the line yet. We
will get them on the line here shortly. But obviously
the topic du jour, the topic of the day is
the Parker Kingston situation. Okay, very controversial here, high profile
case here in the state of Utah that we've dealt
into in the earlier segments.
Speaker 1: Will continue to discuss it.
Speaker 3: The most recent reports, essentially the victim in rape allegations
against BAU football player reportedly set clear boundaries Okay, before
the two met up in February twenty twenty five. According
to recently unsealed documents, Parker Kingston, twenty one year old
bau Wide receiver, was charged in Washington County with one
count of first degree founding rape earlier this week. The
charges come after an investigation that started in February twenty
twenty five. According to court documents, the twenty year old
victim first reported of the sexual assault about four days
after the two met in February twenty twenty five, so
that's when she reported. In June of the same year,
she spoke with a forensic investigator. On February twenty third,
Kingston arrived at the victim's home. This is February twenty
February twenty third, twenty twenty five. Kingston arrived at the
victim's home, where the two watched a movie and began
to engage in some sexual activity which did not include sex.
I don't know what that means. So it's some sexual
activity that needs clarification, but it didn't include I guess
intercourse is what the proper terminology would be. The victim
told investigators that as Kingston began to fall asleep, she
went up to get ready for bed.
Speaker 1: When she returned.
Speaker 3: Fifteen minutes rater Kingston attempted a sexual activity again. According
to court documents, the alleged victim told Kingston to stop
several times and attempted to push him off of her.
Kingston later claimed all sexual activity was consensual according to investigators.
Speaker 1: Detectives later added, based.
Speaker 3: On communications obtained from Kingston's cell phone after the incident,
it can be inferred that he went to her apartment
with the intention of having.
Speaker 1: Sexual intercourse, so his expectation.
Speaker 3: Was one thing, even though that she had set clear boundaries.
Speaker 1: Her and her report.
Speaker 3: So Kingston was taken into custody earlier this week, and
he's being held in Washington County Jail without bail. He
is scheduled to appear in court on Friday for his arraignment.
In response to the allegations, bo You said it takes
any allegation very seriously and will continue to cooperate with
law enforcement. The university refused to comment further, citing federal
and university privacy laws and practices for students. So that's
one of some of the most recent news. You know,
I think a couple of things here. Obviously, we want
truth and we want justice. Uh, we want truth in
justice for the victim, for Parker, and for everybody involved.
And UH, that's what we want first and foremost.
Speaker 1: Uh.
Speaker 3: You have to let the judicial system, the judge and
jury play out. And obviously he's being held without bail
right now. The arrayment will occur on Friday, which means
the prosecution is confident, uh that they had enough to
take him into custody, to arrest him, and to hold
him without bail. They feel pretty confident in their case.
Speaker 1: Uh.
Speaker 3: And so UH there's a little bit of questions here
though as we delve into this.
Speaker 1: Uh four days it was you know, from.
Speaker 3: The the the from the alleged rape. It took four
days to report uh, the the the the the the
purported rape.
Speaker 1: Uh.
Speaker 3: Did that happen at Saint Saint George Regional Hospital. Uh
did the report come out to the police or did
you call the police?
Speaker 1: Uh? Four days afterwards?
Speaker 3: H and then go to the regional hospital and was
a you know, one of the things that that that
someone asked me was like, how do you prove consent?
How do you prove that in the heat of passion,
in the heat of love making, in the heat of
some sexual activity, that it was not consensual or consensual.
Was there bodily harm? What was evaluated at the hospital? Uh,
four days after the alleged incident. You know, I guess
there's UH. I guess there's some room for for some
maybe some latitude there and and there's still a lot
of these unknowns.
Speaker 1: Uh.
Speaker 3: I've reached out to a number of individuals, many of
them have commented at ben innocent until proven guilty. There
are plenty of high profile cases alleged rape cases in
which the the accused has been exonerated, has been found
not guilty in front of a jury of its, of
his his, his peers, and so we can go into
in some of those. But these these cases are very
difficult to I believe confirm consent or not having consent
from what I've been told. But our thoughts and praisure
with all those involved, and ultimately what I've said in
the in the first few segments of our show is
I want justice and truth as much as we can
get here, as many details as we can obtain for
all those involved. Okay, yesterday we we you know, we
were finishing up the show and it dropped and we
really didn't have time to go into it in detail.
We have more details now and hopefully we find out
more on Friday. We'll get our good friends Handy and
Handy here on the line here momentarily, but just as
a recap some of the topics that we've been broaching today,
how about some college football commentary.
Speaker 1: Even with the.
Speaker 3: Loss of Parker kings let's just talk football. Parker Kingston
was potentially the wide receiver one for this BA Cougar
football team. He was obviously putt return putt returner one.
I still think that BYU will be a favorite, you know,
top four to five team, maybe a top three, maybe
a top two team in the Big Twelve heading into
twenty twenty six. They have a robust talent group, I
think offensively and defensively. They return a ton of talent
as well, and they return their coaching staff that knows
how to extract the most out of that talent.
Speaker 1: In my opinion, Bay you.
Speaker 3: Will finish per Cody Angel of CBS Sports on his
way too early top twenty five both predictions. He states
by you will finish unbeaten in the Big twelve regular season.
That may very well be a hot take for some
Let's get out to the hot line. Let's talk a
little sports court with injury attorneys, the most trusted Utah
injury attorneys. We got Garrett and Preston Handy on the line. Gentlemen,
how you guys doing today?
Speaker 4: Hey, Ben doing well? How are you doing?
Speaker 1: Hey, I'm doing fantastic.
Speaker 3: Always a pleasure, always a blessing talking sports court with
you guys. Unfortunately, we have a BYU sports core topic we're.
Speaker 1: Gonna get into here.
Speaker 3: The Parker Kingston News rocked Profo and cougaration yesterday.
Speaker 1: What do you guys know about this situation?
Speaker 3: Let's break down some of the facts and then get
into the follow up questions.
Speaker 5: Yeah, I would say, Ben, We've given you a number
of stories today, but I think we will spend as
much time in the space here as we need to,
and we're.
Speaker 1: Gonna spend all the time on this guys. I hate
to say it, like we got a time.
Speaker 5: Maybe dive into the second story if we have time.
But yeah, so this hit like a bombshell, right, you know,
And you know in the first thought that people goes
to people's minds is are you kidding me? Jake Redsloff
last year, last summer, and now Parker Kingston, and you
see this headline and it just kind of rocks your world.
But you know, we we've got information on two levels.
It was first reported in the news that Parker Kingston
had been arrested and charged with felony rape and he
was being held in the Saint George Jail without bail,
and that this was based on allegations of an incident
that happened February of twenty twenty five, so a year ago.
It was reported in the newspaper that the detectives indicated
that they had been gathering evidence and had spoken to
many witnesses before these charges were filed. Well, we have Garrett,
in his resourcefulness, he has gained the file the documents
that have been filed with the court, so we have
some more detailed information on this. One of the things
that was filed is called the information and this is
where the prosecuting attorney sets forth to charge and it
just says count one rape a first degree felony in
that the defendant had sexual intercourse with another without hurricanes
in violation of blah blah blah lah. So that sets
forth the actual charge. Then another thing that's filed is
called an affidavit of probable cause, which sets forth facts
that kind of support they have to meet a burden
of probable cause, meaning and before we can issue charges,
there's got to be probable cause. And people hear that,
you know, whether they're on you know, one of the
TV programs. But what that does is sets forth facts
that the prosecutor is setting forth and saying, here is
why we believe. This justifies what we're doing. And I
won't go into all of them. Some of them are
detailed and a little salacious, but the important ones I
think to address on here ben are. It says that
on February twenty seven, twenty twenty five, and this is
four days after what the alleged incident when it took place,
it states that a twenty year old female am initials,
made contact with officers of Saint George Regional at Saint
George's Regional Hospital to report a sexual assault. Then it
goes through things that lead up to what happened and
end with a statement that says defendant, without her consent,
raped her. An important and important part I think of
this probable cause that I think is really important in it,
and it has a lot of questions remaining, but it
just does it say. In an interview with defendant Parker Kingston,
he claims that all sexual activity with Am was consensual.
He says based on communication in the self in his
cell phone after incident, it was it can be inferred,
meaning this is what he thought, that he went to
her apartment with the intention of having sexual intercourse.
Speaker 4: Now what we don't know, Ben.
Speaker 5: And I think this is really important, is when did
that interview take place? Yeah, you know, was that two
weeks after her allegations or was that a month ago?
Speaker 4: You know?
Speaker 5: Did he hit this him? And he's like, what's going
on here? So we don't know that. I think that
would be important them for them to put that in there.
A couple of other things that are not in there,
and maybe because they don't exist. There's no evidence of
DNA findings, and there's no evidence of a rape kit
and findings of a rape kit. But these are part
of the problem because things going on. So you know,
right now, as we said, you know, he's being held
without Belle in the Saint George Jail, and so a
lot of questions come up, and I'll let you ask
your own questions, but you know, one of them. I
think that a lot of people are asking is why
did this take a year? I mean, this happened a
year ago. Now we're hearing about it now and he's
being arrested in charge. Now My position is, and again
for the listeners, this is just my guess is the
prosecuting office had this. They were doing their interviews, gathering
evidence over the last year. And that doesn't mean they're
doing it every single day, but they're gathering it, taking
their time, and before they file charges this serious, the
felony one of rape, they want to make sure they
have everything in place so that if this does go
to trial, they can meet their burden of proof and
that has to be beyond a reasonable doubt. And so
that's why I think it took this time. And that's
just a supposition. But some of the other questions I'll
let you dive into and Garrett can answer how this
is different from the Jake Redslock case. What happens now,
you know, so we can dig on that, dig in
on the and stay in the space.
Speaker 1: So you stated in the burden of proof segment.
Speaker 3: Of this report, right, this is the what the prosecution
is bringing forth for you know, this to justify a
warrant for his arrest?
Speaker 1: Correct?
Speaker 3: Is that is that the burden of proof segment of
this report is that what that.
Speaker 6: Is, Well, the burden of proof is overall, what what
the prosecution has to prove, you know, really to get
a conviction and that and that's that's.
Speaker 1: But that's not for the arrest.
Speaker 3: So like, what what what did it take in order
to go out and arrest and pro qualify this evidentiary
threshold that they needed to meet in order to go
out and arrest.
Speaker 6: Him, right, So that's that's the probable cause statement, right,
which is a lower lower standard of course, and so
that there's probable cause. And so what they've done is
they've outlined that in this statement from the detective and
Preston talked about some of these things, right, which is
kind of the timeline events. As you know, four days
later it was reported. You know, we've looked at the evidence,
we talked to him, and based on this information that
we have, we believe, right that there's that there's there's
been a crime here committed a felony rape, and that
we can prove that. And so now they've got to
go through and meet that larger burden right as the
case goes forward.
Speaker 3: Gotcha, So the there was a mention of no DNA
findings and no evidence of a rape kit.
Speaker 1: Could you go into that, like, so, did she.
Speaker 3: Not go into the hospital and and perform a rape
kit or have any sort of DNA evidence that that
proved that he, you know, engaged in sexual intercourse with
with this uh, with the with the acute or with
the the alleged victim.
Speaker 4: Well, we don't know.
Speaker 5: And that that was just me pointing out that there
was no in this probable cost statement. There wasn't something
that said we've obtained DNA that supports this and this
and this, and then didn't say when she was at
the hospital they performed a rape kit. That doesn't mean
it didn't happen, They just didn't report it. I mean
rape kits will show different things. For example, they'll show
signs of trauma. But you know, he's already admitted that
there was sexual yea, yeah, Yet you know his his
position is, hey, yeah, it happened, but it was totally
consensual and it doesn't rise to the level of what
you're saying happened that rape you know, and if you're reading,
if we can get into it. But this probable cost
statement talks a lot about how they communicated and I'm
guessing either a cell phone or through a dating app,
where she claims that she set for specific boundaries or
parameters of their encounter, you know, knowing what they were
going to get together and hang out, and that she
set forth numerous times definite boundaries and that I think
the probable cause statement makes it a point to set
that out so they can meet this burden of what
you know, there are elements of crimes, and what are
these elements of crimes. Well, one of the elements of
rape is non consent and you know in that it
says that he raped her without her consent and so
so we don't know about the DNA or the but
four days later, I don't know this. I doubt that
they have DNA that was supported.
Speaker 3: But she went to the hospital four days later. Is
that what happen? And then she went to the police
at the same time. Is that what the sequence was?
Speaker 6: But yeah, that's my understanding.
Speaker 4: They called the police to the hospital.
Speaker 1: Okay, so they called the police of the hospital.
Speaker 3: So she went to the hospital first, and then they
called the police to the hospital.
Speaker 4: Yeah, she went there and les rape.
Speaker 5: And again, let me just say this DNA is probably
not important because he's admitting it.
Speaker 3: Yeah, he admitted And so how does that process occur?
Like so that she she accuses him, right, she tells
the police officers and then they're going to reach out
eventually and say, hey, we you know what what is that?
What does that look like? What does that process look like?
Is that in person? Is it over the phone when
they were interviewing him. We don't really have any details
on that.
Speaker 4: We we don't know.
Speaker 6: And that's that's something I think that we'd like to know,
right is how soon did that interview take place? Because
they apparently did talk to him again, whether it was
on the on the phone or in person, we don't know,
and we don't know when that happened. But you know,
something else I mean we've we've kind of wondered is
whether or not he had an attorney present with him
when he was interviewed by the police. I mean, it
would be of course smart to have one, you should
We just again, we don't know at this point. As
I've been trying to we've been trying to follow this
looking at the you know, the court's docket on this,
I don't see that an attorney yet has has filed
an appearance on Parker's behalf, But no doubt somebody's going
to show up. I mean, he's he's he's going to
appear in court tomorrow, tomorrow, early afternoon, one thirty.
Speaker 1: Uh.
Speaker 6: There's going to be an arrayment. He's gonna have a
chance to you know, to make a plea.
Speaker 1: Uh.
Speaker 6: And again I mean, if we're all looking in a
crystal ball here, he's going to plead not guilty. And
I think by then I'll have an attorney lined up.
If he doesn't already, Why.
Speaker 3: Why is he being held without bail? What's the justification
for that? And is it merited?
Speaker 4: Well?
Speaker 5: I think and this again in supposition, I my guess
is that a felony one rape charge, there is a
an automatic you be held without bail, and they have
a speedy arraignment. You know, it's two days later. He's
gonna to be appear before the judge. But one thing
that that's just my guess, and I have no doubt
at the arraignment they will discuss bell and I think
Belle will be granted. He won't be held over but
one of the things that apparently came out today and
I don't have any over information, that they viewed him
as a flight risk. And that's one of the things
that Bell Bell does. Bell says, hey, you pay this
amount and you're guaranteeing that when you need to be here,
you'll be here and we don't need to come chase
you down and find you in the Bahamas.
Speaker 4: I'm talking about any type of person. You know.
Speaker 3: Interesting, how did they how do they justify justify flight risk?
I guess how to How is that evaluated and graded?
Speaker 1: You know, is there any parameter there?
Speaker 6: Well, yeah, they need to have. Again, we don't have
specifics on that, so we're speculating a little bit. That's
been something that's been floated around. There were a few
of the filings were under seal, and so we didn't
know on these charges, just that you know, the charges
had been filed. But so we don't have specific specifics
of that, you know, I mean, this is a case
by case thing. It's there's not just one standard for that.
But again I'm not sure what what uh you know.
Speaker 3: What's the We've had plenty of high profile case cases
like this recently, even going back twenty years. I want
to Duke Lacrosse rape case. Uh, there's there's been a
number of these that that these uh, these individuals that
are accused, they're exonerated. Uh. Why are these rape cases
so difficult to prove consent or not consent?
Speaker 5: Well, because if all you've got is her testimony and
his testimony, it's a high burden on the prosecution. And
I think Garrett pointed out, I think there's probably other
stuff out there that they have that, you know, they
don't want to go in blind and think, oh, we're
not going to be able to prove this. You know,
I think there's things out there, and I'm again, listeners,
I'm just.
Speaker 4: Thrown out possibilities. That's what lawyers do.
Speaker 5: You know, there might be a text or something that
supports her claim, you know, something that happened after you know,
and this type of thing. They might have put that
in a proble cause maybe they didn't. But you know,
I think, you know, you talk about these cases and
how they're exonerated, you know, I mean the Duke case
was classic where you know, someone claimed this, they got
caught up in this, and these guys were really you know,
railroaded and it came out later that it really didn't happen.
So the one thing Parker Kingston's done is he's admitted.
He's admitted one part of it, right, and that's and
he hasn't admitted the other. And listen, I think I
think it's important if you wanted to get into this,
let me know, Ben, how we juxtapose and compare the
rest left case to this.
Speaker 3: You want to do that, yeah, I mean, we have
a few more minutes left, so we may have to
postpone it. I would love to get you guys on
tomorrow again if you guys want to discuss this in
more depth because we're short on time. But you know,
just this final thing, there's real final thing before we
let you go, because I do want to go into
that juxtaposition between the civil case with Jake and this
much more serious case, this felony charge FAENIY rape case
with Parker Kingston.
Speaker 1: But last thing, what's the best case.
Speaker 3: Scenario for Parker and what would be the worst case
scenario here as far as I mean, if he's.
Speaker 1: Convicted, what does that look like for him?
Speaker 3: As I mean, obviously judge and jury's gonna make that
delineation and make that decision ultimately. But what are the
best and worst case scenarios for him?
Speaker 5: Well, the best case scenario is they get going down
the road towards the trial and things come out and
the prosecution decides to dismiss the charges, you know, and
basically what a lot of times when that happens, they're
not saying that this didn't happen. They're just saying, we
don't think we can meet the level of proving rape.
The worst case scenario is he he pushes it to
trial and he gets convicted, and then there's there's det
Stroy guidelines. A few convicted of this type of crime.
Every crime has destroy guidelines. It says, here's the maximum sentence,
here's the minimum sentence, and this is the type of thing,
you know, and the judge will decide that based on
the factors. And that's in any criminal case, not just his,
but that that's worst case. And in between that, you know,
there can be a plea bargain, you know, to something
far less than rape, or maybe something close to rape.
But you know, right now, if he's if he's taken
the stance it was consensual, I highly doubt he's gonna
you know, because a plea bargain means you have a
you have a criminal record, you know, and so it's
it's unfortunate. We need to remember that there is a
victim who feels her causes just there is a defendant
who has constitutional rights. And many times you have conflicting stories,
you know, and uh, it'll have to play its way out.
Don't anyone jump to conclusions. And there's a prosecution that
feels like they can meet their burden. These are all these,
you know, these competing.
Speaker 1: Interests, gentlemen.
Speaker 3: I always appreciate our time. Let's get you get you
guys on again soon. Garrett and Pressed and handyhandylaw Youutah
dot com.
Speaker 1: We talk about all these things on Sportscore.
Speaker 3: But what they do best is represents you when you've
been in an accident, when you've been injured. It could
be a workman's comp it could be an auto accident,
it could be just a random incident. Uh, just contact them,
give them a call. Eight O one two six four
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sixty six seven seven Handylawutah dot com.
Speaker 1: Thanks so much, gentlemen.
Speaker 4: Thanks Ben, appreciate it.
Speaker 1: Thank you Ben, thank thank you guys. That's our segment.
We'll go