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Speaker 1: T at wassatwag dot com to a miss.

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Speaker 2: Around the Whard with Jordan Bianucci on Utah's Home of

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Major League Baseball one O three nine at ninety eight

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three ESPN The Fan Alras, It's time to check in

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with Preston and garrenn Handy of Handy and Handy for

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sports court. Handy and Handy are your accident and personal

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injury attorneys ready to assist with any related questions. You

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may have visit them online at Handylawutah dot com. Big

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Firm Experience, Small firm Attention.

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Speaker 3: Welcome back to your sports one of three nine, ninety

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eight point three years for you have the fan. I've

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been titter broadcasting from our Bandwilth Studios, Banderwealth dot Comedy.

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It's time for a little sports court. That's right, back

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to back sports courts. Why because there's some legal drama

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curring out here in Cougar Country, in Utah County and beyond.

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Speaker 1: Uh.

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Speaker 3: But this segment's going to be brought to you by

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Big Firm Experience, Small Firm Attention, Handy Law Utah dot com.

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That's right, It's time to play judge and jury. What's

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the verdict on the biggest headlines in sports in law,

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we're going to be breaking down with injuries with our

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our most trusted injury attorneys, Garrett and Preston Handy. But

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we just have Preston on the line today. I believe

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Presston Handy, how the heck are you?

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Speaker 2: Man?

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Speaker 3: Thanks for joining.

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Speaker 1: Us, Hey Ben, thanks for me having me in again today.

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It's it's nice when we this is a really heavy deal,

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but nice when we have some local legal issues in

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the world of sports to talk about involving sports characters

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and not talking about boring things like antitrust and eligibility rules.

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Speaker 3: Yeah, I agree with you. I hate having to talk

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about this, but obviously everyone wants to get the latest

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on what is going on with the Parker Kingston case,

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and so we we heard a few days ago obtually

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that he was arrested. He was, it was not he

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was held and detained without bail. The arrangement arraignment occurred today,

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I believe, and kind of give us the latest on

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on park for Kingston and what's going on with him.

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Speaker 1: Yeah, again, this is a heavy stuff to talk about,

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but it's caught the tension of the Utah sports world.

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So you know, one thing we talked about yesterday is

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why was he held without bail, and we talked about

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certain statutory guidelines. It's interesting the judge today said, I

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reviewed the probable cause dam and I found, by clearing

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convince and evidence that mister Kingston was a danger to

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the community, and that's why I held him without bail.

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So what happened today is they showed up at court.

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He's hired a lawyer. Her name is Cara Tungaro. I

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don't know ker personally. She specializes in criminal defense, very experienced.

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She has a really interesting experience that she was a

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county prosecutor as well, so she's been on the other side,

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which being on the other side always helps. And I

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think she's a very experienced attorney and she specializes in

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sex crimes. So I think he's got good counsel and

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probably went through a vetting process there. So today, around

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one o'clock they show up at this arraignment and the

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purpose of an arraignment and incidentally, in one of the

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articles I've read, and again we're all just reading articles

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right now. We had some court documents yesterday, but showed

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a picture of him in you know, prison gear, and

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that's a pretty sobering thing to see anyone in that.

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And you know, his life has changed in the last

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few days a lot, you know, and so you know,

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the legal system allows for certain things. But they showed

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up today for him to enter a plea. He entered

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a plea of not guilty, and there were certain conditions

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set forth. The one thing that or his attorney wanted

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was to have him released, and she said, you know,

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if you'll release him on bail, he will be leaving

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Washington County because we'll get into the terms of that.

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But it looks like there's two different reports in their conflicting,

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but apparently they it was one hundred thousand dollars bill

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and ten thousands of that bond and then ten thousands

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that had to be put up front of his cash,

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and that basically just secures that he'll show up at

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future hearings, you know. And ten thousand dollars is you know,

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a lot of money, and you get that back if

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you comply with the court orders and show up at everything.

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So he showed up there and then they entered into

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some things setting for some conditions of his release, and

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some of those, most notably they noted that these are interesting.

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I mean they kind of negotiate him and talk to

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the judge about it. And part of them are that

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he has to he has to leave Washington County. He

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can't go to Saint George unless he has to appear

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in court. He has to wear an ankle bracelet for

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a GPS ankle bracelet monitor for sixty days, and has

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to check in with pre trial services. He has to

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get off of all social media apps. You know. Apparently

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a lot of the kids the days, they're communicating through

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social media apps, and I think that's apparently how they met.

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He cannot have any contact with the alleged victim. A

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protective order was put in place. He can't talk with

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her family, or her roommates, or any potential witnesses on

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this case as they prepare to, you know, prosecute this case.

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Speaker 3: Well, why would those stipulations be in place? Would you say,

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is there any you know? I mean, because don't you

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need witnesses? Don't you need to be able to converse?

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I mean, is it just him today? Can't get his lawyer?

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Speaker 1: Yes, don't see him? Just him?

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Speaker 2: You know?

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Speaker 1: They they you know, and we're not talking. Let's just

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talk about it. Any kind of criminal case. You know,

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someone may want to influence a or threaten or put

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pressure on a certain witness. And we're not suggesting that,

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but those are I think those are just very standard

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things that are put in place. It all needs to

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go through his lawyer, basically, you know, so he doesn't

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reach out to a friend of hers and say, again,

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I'm just hypothetical. Didn't say what is she doing? I

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wish she wouldn't press charges. I wish she wouldn't do this.

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You know, what is she doing? It's just to keep

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it a professional arms lake distance and let the legal process,

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let it all go through his attorney, and that it

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will all go through his attorney. And apparently they're supposed

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to appear on February twenty third. I'm sorry, February twenty fifth,

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and I think what's going to happen there. It didn't

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outline it exactly, is that there's going to be a

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schedule set for he's gonna he was released today un bail.

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He's leaving Washington County. I don't know if he they

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agreed to it. I don't know if he's been fully

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released yet. That wasn't reported. But they will set a

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schedule of everything leading up to trial when they meet

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in a few weeks here.

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Speaker 3: So he goes before the fifth Judicial District in the

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Saint George's district before. Is it Judge John J. Walton?

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Is that who it was?

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Speaker 1: Yeah, that's exactly fifth dis record. I don't know Judge Walton.

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You know, we do civil work and we don't appear

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in Saint George A Ton and I haven't looked him

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up to see what his experience was. You know, it's

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random how judges get assigned. You know, there's a rotation,

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and there are judges that have a criminal calendar, there

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are judges that have a civil calendar, and you know

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there's some judges that carry a little bit of both.

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They've tried to keep him different, spaced out a little

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bit and separated lately.

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Speaker 3: Yeah, I guess the procedures are of entreat to me.

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They gave him an ankle monitor, so we understand that

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he was helped without bail because they thought he was

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a flight risk, and then they gave him an ankle monitor.

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I guess is there any details as to why they

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think he's a flight risk?

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Speaker 1: You know, we just heard that. I heard that just

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in passing yesterday. I don't know that that's true unless

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he's a pilot and owns his own private jet. I

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don't know that that. What the judge said is I

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found by clear and convincing evidence that mister Kingston was

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a danger to the community. And that sounds pretty heavy.

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But I think where there's been a felony, you know,

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an alleged felony and the charge felony, that's kind of

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one of the standards, and that might be that might

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be a status story thing where that So that's why

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he held him. I think people would have probably thought, oh,

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you can't let him out just yet. But he's going

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to get out and he just needs to comply with

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the terms of his release, you know, and I'm sure

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he will, you know, because now the court's looking at

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him and he he wants to present his defense. And

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what will happen now, Ben is you know, for the

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last year, the law enforcement and the prosecution, they've been

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able to talk to people and look at things and

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look at evidence, and he hasn't had a lawyer, and

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now his lawyer will have a chance to dig into everything.

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See who they'll have to they'll have to disclose who

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all the potential witnesses are. They'll have to disclose their

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evidence what it is, and she'll have a chance with

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her team to do an investigation and look to see

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how these things line up, see what witnesses you know,

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could potentially you know, hurt his case, who could help

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his case, some who could be questioned and maybe you know,

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impeached or you know, certain things, and you know, and

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he'll he'll have to be very helpful in you know,

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he was one of the people there, and he'll have

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to be helpful with his side of the story. And

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we know that the uh we spoke about it yesterday

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the probable cause AFFI David, you know, and the one

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of the things we talked about it said in an

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interview at Dependent he claims that all sexual activity with

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the victim was consensual. And they went on to say

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based on communications obtained from his cell phone, so we

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know that it can be inferred that he went to

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a partner with the attention of having sexual intercourse. What

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we don't know, and this is something that I'd really

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like to know, is when did they interview him. Was

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it right after was it two weeks, three weeks when

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evidence was fresh or was it just a month ago

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when they finally decided, hey, we bet we better interviewed him.

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So we don't know that, I mean a.

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Speaker 3: Lawyer at that time. But he just got a call

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maybe from a police officer, and he's just answering questions, right.

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Speaker 1: That's that's what it appears to be that he did

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not have a lawyer, because the first time we hear

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about Tara Tara Tungero is in the reports in the

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paper today or the articles today. Yeah, we never even

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heard of that before. I think had he been represented,

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we would have heard about it. So I think he

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was interviewed without counsel, which sometimes is really dangerous. But

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you know, I'm guessing he just told the truth. And

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you know, we talked about a little bit about whether

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there was DNA evidence. Don't need DNA evidence. He's admitted

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to the to the activity, right, He's admitted to what happened.

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But his his defense is it's contential. That's what we'll

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come down to. And so none of us know about

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what evidence or witness testimony or things maybe some texts

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or emails or different things out there that the prosecution

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has that might really be bolstering their claim. We just

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don't know.

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Speaker 3: How quickly can a trial begin, right, Like, what are

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the different avenues that this can go and how quickly

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can it be done?

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Speaker 1: Well, let me speak from a little bit of ignorance.

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We handle civil cases, and in civil cases there are

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set deadlines. You have different tiers of cases and deadlines

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of fact discovery, expert discovery, disclosure of evidence, disclosure of witnesses.

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They're all set by a calendar. So I don't know

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how the criminal calendar says that. I would think his

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side would want a speedy, a very speedy resolution to this.

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I mean, that's in his best interest not to drag

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this out. I mean, you know, again, I tried to

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emphasize this as a legal process. There's a victim who

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feels her cause is very just. There's a prosecution that

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feels that they have evidence and uh everything they need

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to support and prove their case. But there's also a

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defendant in this case, Parker Kingston, who has constitutional rights

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and he has his story, which by all signs is

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a conflicting story, and he's going to want to get

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a chance to tell his story. I would think, you know,

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I don't know this. I was very wrong on the uh,

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and we can maybe talk about it. I was very

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wrong on the Jake Retslof case. I thought that was

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going to drag out for a couple of years, because

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civil cases can really drag out, you know, And and

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by all signs that looked like it was going to

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But then there was a real shift and in some evidence,

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and that brought the parties together and that thing that

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wracked up wrapped up really quick. And uh, you know,

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by all signs, Jake Redsloff, he left that pretty end.

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I mean, by all signs, I mean a.

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Speaker 3: Lot of the release documentation right in the reports said

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that the girl was still pursuing him leading up to

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the filing of the civil case. At least that was

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for the reports, the text messages, and the messages that

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were ultimately exposed. So yeah, there was a lot of incongrusions.

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Well it was.

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Speaker 1: It was a confidential settlement, but by all signs, some

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things came out in the in the month or two

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after the lawsuit was filed that I think lessened her

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case and it in it pushed to hit her side.

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The settling, I mean, it was a it was a

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monetary settlement, and Jake retslaf in many ways bought his

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peace and Jake Redslop my he left his pretty unscathed.

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I mean he uh, he has his claim that it

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was contential and that happened, and uh look what happened

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to him. I mean the guy. I mean, I think

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by all signs you're going to see him at least

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have a free agent opportunity to uh play in the

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bell maybe. But Kingston a very different deal. I mean,

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Jake Redsloff was never incarcerated for three days, sure, and

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he doesn't have to wear an ankle bracelet and doesn't

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have to get off of all social media. I mean,

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it's a very it's night and day difference between other

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than the allegations and the defenses. It's night and day difference.

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Speaker 3: Carraton God, I've been doing a little bit of research.

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A highly experienced Utah based criminal defense attorney with a

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deep courtroom credentials. She also has leadership experience do in

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the community. I think she was former Salt Lake County

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prosecutor for seven years. She's a criminal defense attorney since

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twenty thirteen. She's a solo criminal defense lawyer. I don't

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know if there's any other partners in her firm. Numerous

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She's had on numerous feeny jury trials, including capital Hama

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side cases. She's known. She's known for trying cases across

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the wahsat front. She's a dual perspective as both a

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former prosecutor and a seasoned defense attorney. I found that

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interesting that she's and you mentioned that as well tested

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you know, she's very hands on it. It sounds like

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and I mean, she's extremely tenured. She was the president

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of the Utah State Bar from twenty twenty four to

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twenty twenty five, former bar commissioner now now past bar president.

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And I find it, you know, very strategic move a

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female also representing a male in a rape case. I

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don't know how many high profile, you know, rape cases

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that she's taken on, but any thoughts on the representation

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of Parker Kingston.

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Speaker 1: Only what I've heard, and I think she's very experienced.

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I think it's good that she was in she was

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a proster. That means she's seen both sides of it.

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She knows the tricks of the trade, and I think

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that she might have a a a relationship with the prosecutors. Well,

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this is down to Washington County. I mean, she's been

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she was up here, I think in the Lake County

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District's Attorney's office, so you know, it gives her a

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different perspective. I think, I think it's good that he

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has a woman represented him. I think that you know,

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the the accuser is a woman, and there might be

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she might I think, I think he I'm sure that

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he looked at his options and he got a very

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experienced criminal defense attorney, so you know, you know, you know,

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facts are out there, evidence is out there, allegations are

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out there, so having good legal representation to tackle this

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type of stuff it is very important. And you know,

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I don't we talked about this yesterday. I don't want

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to make any decisions on really what the resolution is,

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what the truth is, but need to let the legal

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process play its way out. And so you know, he's

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got constitutional rights and he's he'll be well represented.

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Speaker 3: No doubt about it. Presenthandyhandylaw Utah dot Com Handy and

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Handy the best injury attorneys in the business here along

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the wahsats run. If you're in need of their services,

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if you've been in an action, if you've been injured,

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make sure you give him a call eight A one

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two six four sixty six seven seven. That's eight to

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one two six four sixty six seven seven. A couple

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last thing pressent before we let you go, you know,

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the the you know, I would like to see data.

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I would like see data sets of of uh, you know,

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at least in the modern era. It seems that and

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I was looking at high profile rape accusation cases such

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as this, and you know, how you prove consent or

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how they were able to prove non consent and they

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were actually able to prove rape in those cases. I'm

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going to continue to look for these data sets, see

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like how many of these you know, go one way

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or the other. But any inside as to you know,

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what's been happening in these maybe a higher profile rape cases. Recently,

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we've had a few of them that have gone probably

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both directions, but it seems like it's almost like a

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fifty to fifty ordeal.

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Speaker 1: Well, one thing I would caution everyone is every case

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is different. Every case stands alone on its facts. You know,

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when we occasionally have a client say, well I heard

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so and so got this, you know, we say, whoa

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wait a minute, so and So's case was so and

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So's case. There are different facts they're distance circumstances. There's

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different liability, there's different damages, I mean in the civil world.

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So I think it's important to stay away from that

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and just focus on what the facts are. I think

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the here, his attorney will get a chance to see

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what all this evidence is and what they're relying on

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and be able to tackle it. And you know, she'll

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have it, probably have an investigator who will dig in

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and maybe uncover other facts. It's in the criminal The

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criminal justice system is a different system, a lot on

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the line a higher burden. Civil is by a preponderance

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of evidence. Criminal is beyond a reasonable doubt. A lot

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of people say, well, what does that mean really, but

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that is the standard beyond a reasonable doubt. So the

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prosecution has a heavy burden and they have to prove

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every element of their case. He doesn't have to prove anything,

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you know. It's it's good to, uh, if you're defending something,

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to call questioning things and see where there are weaknesses.

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But he doesn't have to prove anything, you know, and

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we know there's a fifth minute, a fifth Amendment or

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right to uh. You don't even have to testify, you know,

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you know, avoid self incrimination. So I think his his

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attorney will tackle this and look at all of it

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and see how they want to strategically approach all of that.

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But again, yeah, you've got it'll be interesting to hear

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or see what evidence comes out. You know that prosecution

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really has. They feel like that they can meet their

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burden and get her conviction price.

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Speaker 3: And we salute you, We appreciate you. I always appreciate

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our time talking sports Cord. For those that are listening

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that have been in an action, that have been injured,

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what services do you provide them? Why should they call

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Handy and Handy.

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Speaker 1: Well, Ben, We've first off loved coming in here with

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you and love your support. Handy in Handy we're a

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personal injury law firm. We help people that have been

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involved in accidents where it's not their fault and they've

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suffered injury and damages in the form of you know,

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sometimes very serious injuries, not so serious injuries, but they

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have medical expenses, lost income, pain and suffering. Garrett, my partner,

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is also my nephew. We've been doing this a long time,

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over forty five years combined experience. We think we give

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people really personal attention. We both worked at a big firm.

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Now we're a little more boutique and more give personalized

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service to our clients. We meet them all, they know

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who we are, they know who's handling their cases, and

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we'd love to hear from anyone out there. Give us

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a call. Eight zero one two six four sixty six

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seven seven Press.

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Speaker 3: Appreciate you, thanks so much for joining us, Thanks for

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all the commentary today and insight.

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Speaker 1: Thanks Ben, thanks for having us.

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Speaker 3: Therego Thanks pressing, handy, handy and handy handy law Utah

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dot Com Calm today. Set up on a point. If

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you've been in an accident, he can represent you. They

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can represent you. Eight A one two six four sixty

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six seven seven. Let's take a time out. We'll be

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back though. Ronald the three Matt Weaver was able to

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catch up with Pat Rooney of the