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Speaker 2: The Ban All Rahs, It's time to check in when

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Preston and Garrett Handy of Handy and Handy for sports court.

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pleasit them online at Handy.

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Speaker 1: Law Utah dot com. Big firm Experience, Small firm Attention.

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Welcome back to the sports one of three nine ninety

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Get on a free Q and A no obligation to

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and Blaine Anderson and his time for a little sports court.

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That's right, Big firm experience from small firm attention. It's

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gonna be brought to you by Handy Law Utah Handy

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and Handy. It's not to play a little judge and

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jury what's the verdict on the big head lines in

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sports and law today? It's not for those sports court

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brought to you by Handy at Handy each week.

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Speaker 1: What are we doing.

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Speaker 3: We're breaking down the real life legal drama, intersecting with

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your favorite athletes, your teams, your leagues, except with contract

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disputes and iokaos, sideline scandals, court or in battles, rape allegations.

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I hate talking about it, but we're diving deep with

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Utah's most trusted injury attorneys. We got Garrett and Preston

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Handy online. Gentlemen, how you guys doing today? Oh, I

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guess they're not on the line yet. I apologize. I'm

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sorry that they are not on the line yet. We

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will get them on the line here shortly. But obviously

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the topic du jour, the topic of the day is

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the Parker Kingston situation. Okay, very controversial here, high profile

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case here in the state of Utah that we've dealt

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into in the earlier segments.

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Speaker 1: Will continue to discuss it.

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Speaker 3: The most recent reports, essentially the victim in rape allegations

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against BAU football player reportedly set clear boundaries Okay, before

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the two met up in February twenty twenty five. According

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to recently unsealed documents, Parker Kingston, twenty one year old

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bau Wide receiver, was charged in Washington County with one

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count of first degree founding rape earlier this week. The

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charges come after an investigation that started in February twenty

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twenty five. According to court documents, the twenty year old

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victim first reported of the sexual assault about four days

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after the two met in February twenty twenty five, so

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that's when she reported. In June of the same year,

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she spoke with a forensic investigator. On February twenty third,

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Kingston arrived at the victim's home. This is February twenty

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February twenty third, twenty twenty five. Kingston arrived at the

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victim's home, where the two watched a movie and began

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to engage in some sexual activity which did not include sex.

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I don't know what that means. So it's some sexual

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activity that needs clarification, but it didn't include I guess

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intercourse is what the proper terminology would be. The victim

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told investigators that as Kingston began to fall asleep, she

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went up to get ready for bed.

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Speaker 1: When she returned.

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Speaker 3: Fifteen minutes rater Kingston attempted a sexual activity again. According

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to court documents, the alleged victim told Kingston to stop

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several times and attempted to push him off of her.

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Kingston later claimed all sexual activity was consensual according to investigators.

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Speaker 1: Detectives later added, based.

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Speaker 3: On communications obtained from Kingston's cell phone after the incident,

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it can be inferred that he went to her apartment

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with the intention of having.

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Speaker 1: Sexual intercourse, so his expectation.

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Speaker 3: Was one thing, even though that she had set clear boundaries.

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Speaker 1: Her and her report.

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Speaker 3: So Kingston was taken into custody earlier this week, and

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he's being held in Washington County Jail without bail. He

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is scheduled to appear in court on Friday for his arraignment.

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In response to the allegations, bo You said it takes

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any allegation very seriously and will continue to cooperate with

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law enforcement. The university refused to comment further, citing federal

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and university privacy laws and practices for students. So that's

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one of some of the most recent news. You know,

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I think a couple of things here. Obviously, we want

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truth and we want justice. Uh, we want truth in

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justice for the victim, for Parker, and for everybody involved.

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And UH, that's what we want first and foremost.

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Speaker 1: Uh.

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Speaker 3: You have to let the judicial system, the judge and

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jury play out. And obviously he's being held without bail

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right now. The arrayment will occur on Friday, which means

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the prosecution is confident, uh that they had enough to

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take him into custody, to arrest him, and to hold

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him without bail. They feel pretty confident in their case.

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Speaker 1: Uh.

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Speaker 3: And so UH there's a little bit of questions here

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though as we delve into this.

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Speaker 1: Uh four days it was you know, from.

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Speaker 3: The the the from the alleged rape. It took four

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days to report uh, the the the the the the

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purported rape.

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Speaker 1: Uh.

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Speaker 3: Did that happen at Saint Saint George Regional Hospital. Uh

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did the report come out to the police or did

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you call the police?

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Speaker 1: Uh? Four days afterwards?

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Speaker 3: H and then go to the regional hospital and was

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a you know, one of the things that that that

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someone asked me was like, how do you prove consent?

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How do you prove that in the heat of passion,

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in the heat of love making, in the heat of

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some sexual activity, that it was not consensual or consensual.

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Was there bodily harm? What was evaluated at the hospital? Uh,

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four days after the alleged incident. You know, I guess

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there's UH. I guess there's some room for for some

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maybe some latitude there and and there's still a lot

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of these unknowns.

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Speaker 1: Uh.

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Speaker 3: I've reached out to a number of individuals, many of

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them have commented at ben innocent until proven guilty. There

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are plenty of high profile cases alleged rape cases in

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which the the accused has been exonerated, has been found

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not guilty in front of a jury of its, of

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his his, his peers, and so we can go into

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in some of those. But these these cases are very

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difficult to I believe confirm consent or not having consent

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from what I've been told. But our thoughts and praisure

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with all those involved, and ultimately what I've said in

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the in the first few segments of our show is

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I want justice and truth as much as we can

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get here, as many details as we can obtain for

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all those involved. Okay, yesterday we we you know, we

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were finishing up the show and it dropped and we

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really didn't have time to go into it in detail.

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We have more details now and hopefully we find out

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more on Friday. We'll get our good friends Handy and

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Handy here on the line here momentarily, but just as

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a recap some of the topics that we've been broaching today,

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how about some college football commentary.

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Speaker 1: Even with the.

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Speaker 3: Loss of Parker kings let's just talk football. Parker Kingston

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was potentially the wide receiver one for this BA Cougar

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football team. He was obviously putt return putt returner one.

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I still think that BYU will be a favorite, you know,

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top four to five team, maybe a top three, maybe

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a top two team in the Big Twelve heading into

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twenty twenty six. They have a robust talent group, I

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think offensively and defensively. They return a ton of talent

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as well, and they return their coaching staff that knows

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how to extract the most out of that talent.

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Speaker 1: In my opinion, Bay you.

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Speaker 3: Will finish per Cody Angel of CBS Sports on his

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way too early top twenty five both predictions. He states

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by you will finish unbeaten in the Big twelve regular season.

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That may very well be a hot take for some

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Let's get out to the hot line. Let's talk a

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little sports court with injury attorneys, the most trusted Utah

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injury attorneys. We got Garrett and Preston Handy on the line. Gentlemen,

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how you guys doing today?

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Speaker 4: Hey, Ben doing well? How are you doing?

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Speaker 1: Hey, I'm doing fantastic.

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Speaker 3: Always a pleasure, always a blessing talking sports court with

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you guys. Unfortunately, we have a BYU sports core topic we're.

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Speaker 1: Gonna get into here.

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Speaker 3: The Parker Kingston News rocked Profo and cougaration yesterday.

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Speaker 1: What do you guys know about this situation?

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Speaker 3: Let's break down some of the facts and then get

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into the follow up questions.

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Speaker 5: Yeah, I would say, Ben, We've given you a number

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of stories today, but I think we will spend as

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much time in the space here as we need to,

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and we're.

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Speaker 1: Gonna spend all the time on this guys. I hate

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to say it, like we got a time.

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Speaker 5: Maybe dive into the second story if we have time.

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But yeah, so this hit like a bombshell, right, you know,

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And you know in the first thought that people goes

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to people's minds is are you kidding me? Jake Redsloff

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last year, last summer, and now Parker Kingston, and you

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see this headline and it just kind of rocks your world.

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But you know, we we've got information on two levels.

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It was first reported in the news that Parker Kingston

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had been arrested and charged with felony rape and he

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was being held in the Saint George Jail without bail,

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and that this was based on allegations of an incident

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that happened February of twenty twenty five, so a year ago.

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It was reported in the newspaper that the detectives indicated

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that they had been gathering evidence and had spoken to

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many witnesses before these charges were filed. Well, we have Garrett,

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in his resourcefulness, he has gained the file the documents

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that have been filed with the court, so we have

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some more detailed information on this. One of the things

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that was filed is called the information and this is

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where the prosecuting attorney sets forth to charge and it

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just says count one rape a first degree felony in

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that the defendant had sexual intercourse with another without hurricanes

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in violation of blah blah blah lah. So that sets

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forth the actual charge. Then another thing that's filed is

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called an affidavit of probable cause, which sets forth facts

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that kind of support they have to meet a burden

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of probable cause, meaning and before we can issue charges,

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there's got to be probable cause. And people hear that,

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you know, whether they're on you know, one of the

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TV programs. But what that does is sets forth facts

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that the prosecutor is setting forth and saying, here is

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why we believe. This justifies what we're doing. And I

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won't go into all of them. Some of them are

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detailed and a little salacious, but the important ones I

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think to address on here ben are. It says that

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on February twenty seven, twenty twenty five, and this is

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four days after what the alleged incident when it took place,

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it states that a twenty year old female am initials,

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made contact with officers of Saint George Regional at Saint

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George's Regional Hospital to report a sexual assault. Then it

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goes through things that lead up to what happened and

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end with a statement that says defendant, without her consent,

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raped her. An important and important part I think of

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this probable cause that I think is really important in it,

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and it has a lot of questions remaining, but it

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just does it say. In an interview with defendant Parker Kingston,

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he claims that all sexual activity with Am was consensual.

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He says based on communication in the self in his

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cell phone after incident, it was it can be inferred,

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meaning this is what he thought, that he went to

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her apartment with the intention of having sexual intercourse.

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Speaker 4: Now what we don't know, Ben.

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Speaker 5: And I think this is really important, is when did

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that interview take place? Yeah, you know, was that two

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weeks after her allegations or was that a month ago?

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Speaker 4: You know?

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Speaker 5: Did he hit this him? And he's like, what's going

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on here? So we don't know that. I think that

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would be important them for them to put that in there.

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A couple of other things that are not in there,

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and maybe because they don't exist. There's no evidence of

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DNA findings, and there's no evidence of a rape kit

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and findings of a rape kit. But these are part

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of the problem because things going on. So you know,

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right now, as we said, you know, he's being held

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without Belle in the Saint George Jail, and so a

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lot of questions come up, and I'll let you ask

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your own questions, but you know, one of them. I

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think that a lot of people are asking is why

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did this take a year? I mean, this happened a

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year ago. Now we're hearing about it now and he's

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being arrested in charge. Now My position is, and again

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for the listeners, this is just my guess is the

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prosecuting office had this. They were doing their interviews, gathering

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evidence over the last year. And that doesn't mean they're

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doing it every single day, but they're gathering it, taking

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their time, and before they file charges this serious, the

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felony one of rape, they want to make sure they

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have everything in place so that if this does go

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to trial, they can meet their burden of proof and

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that has to be beyond a reasonable doubt. And so

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that's why I think it took this time. And that's

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just a supposition. But some of the other questions I'll

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let you dive into and Garrett can answer how this

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is different from the Jake Redslock case. What happens now,

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you know, so we can dig on that, dig in

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on the and stay in the space.

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Speaker 1: So you stated in the burden of proof segment.

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Speaker 3: Of this report, right, this is the what the prosecution

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is bringing forth for you know, this to justify a

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warrant for his arrest?

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Speaker 1: Correct?

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Speaker 3: Is that is that the burden of proof segment of

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this report is that what that.

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Speaker 6: Is, Well, the burden of proof is overall, what what

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the prosecution has to prove, you know, really to get

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a conviction and that and that's that's.

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Speaker 1: But that's not for the arrest.

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Speaker 3: So like, what what what did it take in order

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to go out and arrest and pro qualify this evidentiary

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threshold that they needed to meet in order to go

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out and arrest.

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Speaker 6: Him, right, So that's that's the probable cause statement, right,

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which is a lower lower standard of course, and so

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that there's probable cause. And so what they've done is

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they've outlined that in this statement from the detective and

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Preston talked about some of these things, right, which is

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kind of the timeline events. As you know, four days

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later it was reported. You know, we've looked at the evidence,

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we talked to him, and based on this information that

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we have, we believe, right that there's that there's there's

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been a crime here committed a felony rape, and that

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we can prove that. And so now they've got to

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go through and meet that larger burden right as the

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case goes forward.

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Speaker 3: Gotcha, So the there was a mention of no DNA

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findings and no evidence of a rape kit.

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Speaker 1: Could you go into that, like, so, did she.

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Speaker 3: Not go into the hospital and and perform a rape

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kit or have any sort of DNA evidence that that

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proved that he, you know, engaged in sexual intercourse with

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with this uh, with the with the acute or with

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the the alleged victim.

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Speaker 4: Well, we don't know.

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Speaker 5: And that that was just me pointing out that there

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was no in this probable cost statement. There wasn't something

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that said we've obtained DNA that supports this and this

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and this, and then didn't say when she was at

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the hospital they performed a rape kit. That doesn't mean

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it didn't happen, They just didn't report it. I mean

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rape kits will show different things. For example, they'll show

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signs of trauma. But you know, he's already admitted that

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there was sexual yea, yeah, Yet you know his his

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position is, hey, yeah, it happened, but it was totally

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consensual and it doesn't rise to the level of what

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you're saying happened that rape you know, and if you're reading,

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if we can get into it. But this probable cost

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statement talks a lot about how they communicated and I'm

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guessing either a cell phone or through a dating app,

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where she claims that she set for specific boundaries or

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parameters of their encounter, you know, knowing what they were

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going to get together and hang out, and that she

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set forth numerous times definite boundaries and that I think

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the probable cause statement makes it a point to set

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that out so they can meet this burden of what

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you know, there are elements of crimes, and what are

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these elements of crimes. Well, one of the elements of

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rape is non consent and you know in that it

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says that he raped her without her consent and so

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so we don't know about the DNA or the but

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four days later, I don't know this. I doubt that

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they have DNA that was supported.

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Speaker 3: But she went to the hospital four days later. Is

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that what happen? And then she went to the police

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at the same time. Is that what the sequence was?

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Speaker 6: But yeah, that's my understanding.

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Speaker 4: They called the police to the hospital.

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Speaker 1: Okay, so they called the police of the hospital.

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Speaker 3: So she went to the hospital first, and then they

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called the police to the hospital.

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Speaker 4: Yeah, she went there and les rape.

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Speaker 5: And again, let me just say this DNA is probably

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not important because he's admitting it.

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Speaker 3: Yeah, he admitted And so how does that process occur?

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Like so that she she accuses him, right, she tells

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the police officers and then they're going to reach out

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eventually and say, hey, we you know what what is that?

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What does that look like? What does that process look like?

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Is that in person? Is it over the phone when

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they were interviewing him. We don't really have any details

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on that.

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Speaker 4: We we don't know.

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Speaker 6: And that's that's something I think that we'd like to know,

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right is how soon did that interview take place? Because

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they apparently did talk to him again, whether it was

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on the on the phone or in person, we don't know,

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and we don't know when that happened. But you know,

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something else I mean we've we've kind of wondered is

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whether or not he had an attorney present with him

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when he was interviewed by the police. I mean, it

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would be of course smart to have one, you should

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We just again, we don't know at this point. As

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I've been trying to we've been trying to follow this

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looking at the you know, the court's docket on this,

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I don't see that an attorney yet has has filed

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an appearance on Parker's behalf, But no doubt somebody's going

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to show up. I mean, he's he's he's going to

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appear in court tomorrow, tomorrow, early afternoon, one thirty.

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Speaker 1: Uh.

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Speaker 6: There's going to be an arrayment. He's gonna have a

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chance to you know, to make a plea.

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Speaker 1: Uh.

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Speaker 6: And again I mean, if we're all looking in a

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crystal ball here, he's going to plead not guilty. And

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I think by then I'll have an attorney lined up.

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If he doesn't already, Why.

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Speaker 3: Why is he being held without bail? What's the justification

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for that? And is it merited?

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Speaker 4: Well?

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Speaker 5: I think and this again in supposition, I my guess

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is that a felony one rape charge, there is a

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an automatic you be held without bail, and they have

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a speedy arraignment. You know, it's two days later. He's

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gonna to be appear before the judge. But one thing

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that that's just my guess, and I have no doubt

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at the arraignment they will discuss bell and I think

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Belle will be granted. He won't be held over but

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one of the things that apparently came out today and

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I don't have any over information, that they viewed him

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as a flight risk. And that's one of the things

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that Bell Bell does. Bell says, hey, you pay this

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amount and you're guaranteeing that when you need to be here,

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you'll be here and we don't need to come chase

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you down and find you in the Bahamas.

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Speaker 4: I'm talking about any type of person. You know.

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Speaker 3: Interesting, how did they how do they justify justify flight risk?

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I guess how to How is that evaluated and graded?

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Speaker 1: You know, is there any parameter there?

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Speaker 6: Well, yeah, they need to have. Again, we don't have

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specifics on that, so we're speculating a little bit. That's

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been something that's been floated around. There were a few

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of the filings were under seal, and so we didn't

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know on these charges, just that you know, the charges

394
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had been filed. But so we don't have specific specifics

395
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of that, you know, I mean, this is a case

396
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by case thing. It's there's not just one standard for that.

397
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But again I'm not sure what what uh you know.

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Speaker 3: What's the We've had plenty of high profile case cases

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like this recently, even going back twenty years. I want

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to Duke Lacrosse rape case. Uh, there's there's been a

401
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number of these that that these uh, these individuals that

402
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are accused, they're exonerated. Uh. Why are these rape cases

403
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so difficult to prove consent or not consent?

404
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Speaker 5: Well, because if all you've got is her testimony and

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his testimony, it's a high burden on the prosecution. And

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I think Garrett pointed out, I think there's probably other

407
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stuff out there that they have that, you know, they

408
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don't want to go in blind and think, oh, we're

409
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not going to be able to prove this. You know,

410
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I think there's things out there, and I'm again, listeners,

411
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I'm just.

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Speaker 4: Thrown out possibilities. That's what lawyers do.

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Speaker 5: You know, there might be a text or something that

414
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supports her claim, you know, something that happened after you know,

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and this type of thing. They might have put that

416
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in a proble cause maybe they didn't. But you know,

417
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I think, you know, you talk about these cases and

418
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how they're exonerated, you know, I mean the Duke case

419
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was classic where you know, someone claimed this, they got

420
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caught up in this, and these guys were really you know,

421
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railroaded and it came out later that it really didn't happen.

422
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So the one thing Parker Kingston's done is he's admitted.

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He's admitted one part of it, right, and that's and

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he hasn't admitted the other. And listen, I think I

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think it's important if you wanted to get into this,

426
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let me know, Ben, how we juxtapose and compare the

427
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rest left case to this.

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Speaker 3: You want to do that, yeah, I mean, we have

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a few more minutes left, so we may have to

430
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postpone it. I would love to get you guys on

431
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tomorrow again if you guys want to discuss this in

432
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more depth because we're short on time. But you know,

433
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just this final thing, there's real final thing before we

434
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let you go, because I do want to go into

435
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that juxtaposition between the civil case with Jake and this

436
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much more serious case, this felony charge FAENIY rape case

437
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with Parker Kingston.

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Speaker 1: But last thing, what's the best case.

439
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Speaker 3: Scenario for Parker and what would be the worst case

440
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scenario here as far as I mean, if he's.

441
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Speaker 1: Convicted, what does that look like for him?

442
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Speaker 3: As I mean, obviously judge and jury's gonna make that

443
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delineation and make that decision ultimately. But what are the

444
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best and worst case scenarios for him?

445
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Speaker 5: Well, the best case scenario is they get going down

446
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the road towards the trial and things come out and

447
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the prosecution decides to dismiss the charges, you know, and

448
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basically what a lot of times when that happens, they're

449
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not saying that this didn't happen. They're just saying, we

450
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don't think we can meet the level of proving rape.

451
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The worst case scenario is he he pushes it to

452
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trial and he gets convicted, and then there's there's det

453
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Stroy guidelines. A few convicted of this type of crime.

454
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Every crime has destroy guidelines. It says, here's the maximum sentence,

455
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here's the minimum sentence, and this is the type of thing,

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you know, and the judge will decide that based on

457
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the factors. And that's in any criminal case, not just his,

458
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but that that's worst case. And in between that, you know,

459
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there can be a plea bargain, you know, to something

460
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far less than rape, or maybe something close to rape.

461
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But you know, right now, if he's if he's taken

462
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the stance it was consensual, I highly doubt he's gonna

463
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you know, because a plea bargain means you have a

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you have a criminal record, you know, and so it's

465
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it's unfortunate. We need to remember that there is a

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victim who feels her causes just there is a defendant

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who has constitutional rights. And many times you have conflicting stories,

468
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you know, and uh, it'll have to play its way out.

469
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Don't anyone jump to conclusions. And there's a prosecution that

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feels like they can meet their burden. These are all these,

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you know, these competing.

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Speaker 1: Interests, gentlemen.

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Speaker 3: I always appreciate our time. Let's get you get you

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guys on again soon. Garrett and Pressed and handyhandylaw Youutah

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00:24:20,680 --> 00:24:21,279
dot com.

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Speaker 1: We talk about all these things on Sportscore.

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Speaker 3: But what they do best is represents you when you've

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00:24:26,720 --> 00:24:28,839
been in an accident, when you've been injured. It could

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00:24:28,880 --> 00:24:31,000
be a workman's comp it could be an auto accident,

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00:24:31,400 --> 00:24:35,480
it could be just a random incident. Uh, just contact them,

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00:24:35,119 --> 00:24:37,240
give them a call. Eight O one two six four

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00:24:37,279 --> 00:24:39,640
sixty six seven seven. That's eight one two six four

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00:24:39,680 --> 00:24:42,079
sixty six seven seven Handylawutah dot com.

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Speaker 1: Thanks so much, gentlemen.

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00:24:43,720 --> 00:24:45,039
Speaker 4: Thanks Ben, appreciate it.

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00:24:45,240 --> 00:24:48,000
Speaker 1: Thank you Ben, thank thank you guys. That's our segment.

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We'll go