Speaker 1: T at wassatwag dot com to a miss.
Speaker 2: Around the Whard with Jordan Bianucci on Utah's Home of
Major League Baseball one O three nine at ninety eight
three ESPN The Fan Alras, It's time to check in
with Preston and garrenn Handy of Handy and Handy for
sports court. Handy and Handy are your accident and personal
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may have visit them online at Handylawutah dot com. Big
Firm Experience, Small firm Attention.
Speaker 3: Welcome back to your sports one of three nine, ninety
eight point three years for you have the fan. I've
been titter broadcasting from our Bandwilth Studios, Banderwealth dot Comedy.
It's time for a little sports court. That's right, back
to back sports courts. Why because there's some legal drama
curring out here in Cougar Country, in Utah County and beyond.
Speaker 1: Uh.
Speaker 3: But this segment's going to be brought to you by
Big Firm Experience, Small Firm Attention, Handy Law Utah dot com.
That's right, It's time to play judge and jury. What's
the verdict on the biggest headlines in sports in law,
we're going to be breaking down with injuries with our
our most trusted injury attorneys, Garrett and Preston Handy. But
we just have Preston on the line today. I believe
Presston Handy, how the heck are you?
Speaker 2: Man?
Speaker 3: Thanks for joining.
Speaker 1: Us, Hey Ben, thanks for me having me in again today.
It's it's nice when we this is a really heavy deal,
but nice when we have some local legal issues in
the world of sports to talk about involving sports characters
and not talking about boring things like antitrust and eligibility rules.
Speaker 3: Yeah, I agree with you. I hate having to talk
about this, but obviously everyone wants to get the latest
on what is going on with the Parker Kingston case,
and so we we heard a few days ago obtually
that he was arrested. He was, it was not he
was held and detained without bail. The arrangement arraignment occurred today,
I believe, and kind of give us the latest on
on park for Kingston and what's going on with him.
Speaker 1: Yeah, again, this is a heavy stuff to talk about,
but it's caught the tension of the Utah sports world.
So you know, one thing we talked about yesterday is
why was he held without bail, and we talked about
certain statutory guidelines. It's interesting the judge today said, I
reviewed the probable cause dam and I found, by clearing
convince and evidence that mister Kingston was a danger to
the community, and that's why I held him without bail.
So what happened today is they showed up at court.
He's hired a lawyer. Her name is Cara Tungaro. I
don't know ker personally. She specializes in criminal defense, very experienced.
She has a really interesting experience that she was a
county prosecutor as well, so she's been on the other side,
which being on the other side always helps. And I
think she's a very experienced attorney and she specializes in
sex crimes. So I think he's got good counsel and
probably went through a vetting process there. So today, around
one o'clock they show up at this arraignment and the
purpose of an arraignment and incidentally, in one of the
articles I've read, and again we're all just reading articles
right now. We had some court documents yesterday, but showed
a picture of him in you know, prison gear, and
that's a pretty sobering thing to see anyone in that.
And you know, his life has changed in the last
few days a lot, you know, and so you know,
the legal system allows for certain things. But they showed
up today for him to enter a plea. He entered
a plea of not guilty, and there were certain conditions
set forth. The one thing that or his attorney wanted
was to have him released, and she said, you know,
if you'll release him on bail, he will be leaving
Washington County because we'll get into the terms of that.
But it looks like there's two different reports in their conflicting,
but apparently they it was one hundred thousand dollars bill
and ten thousands of that bond and then ten thousands
that had to be put up front of his cash,
and that basically just secures that he'll show up at
future hearings, you know. And ten thousand dollars is you know,
a lot of money, and you get that back if
you comply with the court orders and show up at everything.
So he showed up there and then they entered into
some things setting for some conditions of his release, and
some of those, most notably they noted that these are interesting.
I mean they kind of negotiate him and talk to
the judge about it. And part of them are that
he has to he has to leave Washington County. He
can't go to Saint George unless he has to appear
in court. He has to wear an ankle bracelet for
a GPS ankle bracelet monitor for sixty days, and has
to check in with pre trial services. He has to
get off of all social media apps. You know. Apparently
a lot of the kids the days, they're communicating through
social media apps, and I think that's apparently how they met.
He cannot have any contact with the alleged victim. A
protective order was put in place. He can't talk with
her family, or her roommates, or any potential witnesses on
this case as they prepare to, you know, prosecute this case.
Speaker 3: Well, why would those stipulations be in place? Would you say,
is there any you know? I mean, because don't you
need witnesses? Don't you need to be able to converse?
I mean, is it just him today? Can't get his lawyer?
Speaker 1: Yes, don't see him? Just him?
Speaker 2: You know?
Speaker 1: They they you know, and we're not talking. Let's just
talk about it. Any kind of criminal case. You know,
someone may want to influence a or threaten or put
pressure on a certain witness. And we're not suggesting that,
but those are I think those are just very standard
things that are put in place. It all needs to
go through his lawyer, basically, you know, so he doesn't
reach out to a friend of hers and say, again,
I'm just hypothetical. Didn't say what is she doing? I
wish she wouldn't press charges. I wish she wouldn't do this.
You know, what is she doing? It's just to keep
it a professional arms lake distance and let the legal process,
let it all go through his attorney, and that it
will all go through his attorney. And apparently they're supposed
to appear on February twenty third. I'm sorry, February twenty fifth,
and I think what's going to happen there. It didn't
outline it exactly, is that there's going to be a
schedule set for he's gonna he was released today un bail.
He's leaving Washington County. I don't know if he they
agreed to it. I don't know if he's been fully
released yet. That wasn't reported. But they will set a
schedule of everything leading up to trial when they meet
in a few weeks here.
Speaker 3: So he goes before the fifth Judicial District in the
Saint George's district before. Is it Judge John J. Walton?
Is that who it was?
Speaker 1: Yeah, that's exactly fifth dis record. I don't know Judge Walton.
You know, we do civil work and we don't appear
in Saint George A Ton and I haven't looked him
up to see what his experience was. You know, it's
random how judges get assigned. You know, there's a rotation,
and there are judges that have a criminal calendar, there
are judges that have a civil calendar, and you know
there's some judges that carry a little bit of both.
They've tried to keep him different, spaced out a little
bit and separated lately.
Speaker 3: Yeah, I guess the procedures are of entreat to me.
They gave him an ankle monitor, so we understand that
he was helped without bail because they thought he was
a flight risk, and then they gave him an ankle monitor.
I guess is there any details as to why they
think he's a flight risk?
Speaker 1: You know, we just heard that. I heard that just
in passing yesterday. I don't know that that's true unless
he's a pilot and owns his own private jet. I
don't know that that. What the judge said is I
found by clear and convincing evidence that mister Kingston was
a danger to the community. And that sounds pretty heavy.
But I think where there's been a felony, you know,
an alleged felony and the charge felony, that's kind of
one of the standards, and that might be that might
be a status story thing where that So that's why
he held him. I think people would have probably thought, oh,
you can't let him out just yet. But he's going
to get out and he just needs to comply with
the terms of his release, you know, and I'm sure
he will, you know, because now the court's looking at
him and he he wants to present his defense. And
what will happen now, Ben is you know, for the
last year, the law enforcement and the prosecution, they've been
able to talk to people and look at things and
look at evidence, and he hasn't had a lawyer, and
now his lawyer will have a chance to dig into everything.
See who they'll have to they'll have to disclose who
all the potential witnesses are. They'll have to disclose their
evidence what it is, and she'll have a chance with
her team to do an investigation and look to see
how these things line up, see what witnesses you know,
could potentially you know, hurt his case, who could help
his case, some who could be questioned and maybe you know,
impeached or you know, certain things, and you know, and
he'll he'll have to be very helpful in you know,
he was one of the people there, and he'll have
to be helpful with his side of the story. And
we know that the uh we spoke about it yesterday
the probable cause AFFI David, you know, and the one
of the things we talked about it said in an
interview at Dependent he claims that all sexual activity with
the victim was consensual. And they went on to say
based on communications obtained from his cell phone, so we
know that it can be inferred that he went to
a partner with the attention of having sexual intercourse. What
we don't know, and this is something that I'd really
like to know, is when did they interview him. Was
it right after was it two weeks, three weeks when
evidence was fresh or was it just a month ago
when they finally decided, hey, we bet we better interviewed him.
So we don't know that, I mean a.
Speaker 3: Lawyer at that time. But he just got a call
maybe from a police officer, and he's just answering questions, right.
Speaker 1: That's that's what it appears to be that he did
not have a lawyer, because the first time we hear
about Tara Tara Tungero is in the reports in the
paper today or the articles today. Yeah, we never even
heard of that before. I think had he been represented,
we would have heard about it. So I think he
was interviewed without counsel, which sometimes is really dangerous. But
you know, I'm guessing he just told the truth. And
you know, we talked about a little bit about whether
there was DNA evidence. Don't need DNA evidence. He's admitted
to the to the activity, right, He's admitted to what happened.
But his his defense is it's contential. That's what we'll
come down to. And so none of us know about
what evidence or witness testimony or things maybe some texts
or emails or different things out there that the prosecution
has that might really be bolstering their claim. We just
don't know.
Speaker 3: How quickly can a trial begin, right, Like, what are
the different avenues that this can go and how quickly
can it be done?
Speaker 1: Well, let me speak from a little bit of ignorance.
We handle civil cases, and in civil cases there are
set deadlines. You have different tiers of cases and deadlines
of fact discovery, expert discovery, disclosure of evidence, disclosure of witnesses.
They're all set by a calendar. So I don't know
how the criminal calendar says that. I would think his
side would want a speedy, a very speedy resolution to this.
I mean, that's in his best interest not to drag
this out. I mean, you know, again, I tried to
emphasize this as a legal process. There's a victim who
feels her cause is very just. There's a prosecution that
feels that they have evidence and uh everything they need
to support and prove their case. But there's also a
defendant in this case, Parker Kingston, who has constitutional rights
and he has his story, which by all signs is
a conflicting story, and he's going to want to get
a chance to tell his story. I would think, you know,
I don't know this. I was very wrong on the uh,
and we can maybe talk about it. I was very
wrong on the Jake Retslof case. I thought that was
going to drag out for a couple of years, because
civil cases can really drag out, you know, And and
by all signs that looked like it was going to
But then there was a real shift and in some evidence,
and that brought the parties together and that thing that
wracked up wrapped up really quick. And uh, you know,
by all signs, Jake Redsloff, he left that pretty end.
I mean, by all signs, I mean a.
Speaker 3: Lot of the release documentation right in the reports said
that the girl was still pursuing him leading up to
the filing of the civil case. At least that was
for the reports, the text messages, and the messages that
were ultimately exposed. So yeah, there was a lot of incongrusions.
Well it was.
Speaker 1: It was a confidential settlement, but by all signs, some
things came out in the in the month or two
after the lawsuit was filed that I think lessened her
case and it in it pushed to hit her side.
The settling, I mean, it was a it was a
monetary settlement, and Jake retslaf in many ways bought his
peace and Jake Redslop my he left his pretty unscathed.
I mean he uh, he has his claim that it
was contential and that happened, and uh look what happened
to him. I mean the guy. I mean, I think
by all signs you're going to see him at least
have a free agent opportunity to uh play in the
bell maybe. But Kingston a very different deal. I mean,
Jake Redsloff was never incarcerated for three days, sure, and
he doesn't have to wear an ankle bracelet and doesn't
have to get off of all social media. I mean,
it's a very it's night and day difference between other
than the allegations and the defenses. It's night and day difference.
Speaker 3: Carraton God, I've been doing a little bit of research.
A highly experienced Utah based criminal defense attorney with a
deep courtroom credentials. She also has leadership experience do in
the community. I think she was former Salt Lake County
prosecutor for seven years. She's a criminal defense attorney since
twenty thirteen. She's a solo criminal defense lawyer. I don't
know if there's any other partners in her firm. Numerous
She's had on numerous feeny jury trials, including capital Hama
side cases. She's known. She's known for trying cases across
the wahsat front. She's a dual perspective as both a
former prosecutor and a seasoned defense attorney. I found that
interesting that she's and you mentioned that as well tested
you know, she's very hands on it. It sounds like
and I mean, she's extremely tenured. She was the president
of the Utah State Bar from twenty twenty four to
twenty twenty five, former bar commissioner now now past bar president.
And I find it, you know, very strategic move a
female also representing a male in a rape case. I
don't know how many high profile, you know, rape cases
that she's taken on, but any thoughts on the representation
of Parker Kingston.
Speaker 1: Only what I've heard, and I think she's very experienced.
I think it's good that she was in she was
a proster. That means she's seen both sides of it.
She knows the tricks of the trade, and I think
that she might have a a a relationship with the prosecutors. Well,
this is down to Washington County. I mean, she's been
she was up here, I think in the Lake County
District's Attorney's office, so you know, it gives her a
different perspective. I think, I think it's good that he
has a woman represented him. I think that you know,
the the accuser is a woman, and there might be
she might I think, I think he I'm sure that
he looked at his options and he got a very
experienced criminal defense attorney, so you know, you know, you know,
facts are out there, evidence is out there, allegations are
out there, so having good legal representation to tackle this
type of stuff it is very important. And you know,
I don't we talked about this yesterday. I don't want
to make any decisions on really what the resolution is,
what the truth is, but need to let the legal
process play its way out. And so you know, he's
got constitutional rights and he's he'll be well represented.
Speaker 3: No doubt about it. Presenthandyhandylaw Utah dot Com Handy and
Handy the best injury attorneys in the business here along
the wahsats run. If you're in need of their services,
if you've been in an action, if you've been injured,
make sure you give him a call eight A one
two six four sixty six seven seven. That's eight to
one two six four sixty six seven seven. A couple
last thing pressent before we let you go, you know,
the the you know, I would like to see data.
I would like see data sets of of uh, you know,
at least in the modern era. It seems that and
I was looking at high profile rape accusation cases such
as this, and you know, how you prove consent or
how they were able to prove non consent and they
were actually able to prove rape in those cases. I'm
going to continue to look for these data sets, see
like how many of these you know, go one way
or the other. But any inside as to you know,
what's been happening in these maybe a higher profile rape cases. Recently,
we've had a few of them that have gone probably
both directions, but it seems like it's almost like a
fifty to fifty ordeal.
Speaker 1: Well, one thing I would caution everyone is every case
is different. Every case stands alone on its facts. You know,
when we occasionally have a client say, well I heard
so and so got this, you know, we say, whoa
wait a minute, so and So's case was so and
So's case. There are different facts they're distance circumstances. There's
different liability, there's different damages, I mean in the civil world.
So I think it's important to stay away from that
and just focus on what the facts are. I think
the here, his attorney will get a chance to see
what all this evidence is and what they're relying on
and be able to tackle it. And you know, she'll
have it, probably have an investigator who will dig in
and maybe uncover other facts. It's in the criminal The
criminal justice system is a different system, a lot on
the line a higher burden. Civil is by a preponderance
of evidence. Criminal is beyond a reasonable doubt. A lot
of people say, well, what does that mean really, but
that is the standard beyond a reasonable doubt. So the
prosecution has a heavy burden and they have to prove
every element of their case. He doesn't have to prove anything,
you know. It's it's good to, uh, if you're defending something,
to call questioning things and see where there are weaknesses.
But he doesn't have to prove anything, you know, and
we know there's a fifth minute, a fifth Amendment or
right to uh. You don't even have to testify, you know,
you know, avoid self incrimination. So I think his his
attorney will tackle this and look at all of it
and see how they want to strategically approach all of that.
But again, yeah, you've got it'll be interesting to hear
or see what evidence comes out. You know that prosecution
really has. They feel like that they can meet their
burden and get her conviction price.
Speaker 3: And we salute you, We appreciate you. I always appreciate
our time talking sports Cord. For those that are listening
that have been in an action, that have been injured,
what services do you provide them? Why should they call
Handy and Handy.
Speaker 1: Well, Ben, We've first off loved coming in here with
you and love your support. Handy in Handy we're a
personal injury law firm. We help people that have been
involved in accidents where it's not their fault and they've
suffered injury and damages in the form of you know,
sometimes very serious injuries, not so serious injuries, but they
have medical expenses, lost income, pain and suffering. Garrett, my partner,
is also my nephew. We've been doing this a long time,
over forty five years combined experience. We think we give
people really personal attention. We both worked at a big firm.
Now we're a little more boutique and more give personalized
service to our clients. We meet them all, they know
who we are, they know who's handling their cases, and
we'd love to hear from anyone out there. Give us
a call. Eight zero one two six four sixty six
seven seven Press.
Speaker 3: Appreciate you, thanks so much for joining us, Thanks for
all the commentary today and insight.
Speaker 1: Thanks Ben, thanks for having us.
Speaker 3: Therego Thanks pressing, handy, handy and handy handy law Utah
dot Com Calm today. Set up on a point. If
you've been in an accident, he can represent you. They
can represent you. Eight A one two six four sixty
six seven seven. Let's take a time out. We'll be
back though. Ronald the three Matt Weaver was able to
catch up with Pat Rooney of the