BYU receiver Parker Kingston rape case: defence seeks prosecutor's removal
Lawyers for former BYU wide receiver Parker Kingston have asked a judge to disqualify the Washington County prosecutor from his refiled rape case.
Defence moves to remove prosecutor in Kingston rape case
Defence attorneys for former Brigham Young University wide receiver Parker Kingston have filed a motion asking a 5th District Court judge to disqualify Washington County Attorney Jerry Jaeger and his entire office from prosecuting a rape case that was refiled against Kingston last Thursday, deseret.com reports.
The motion, 35 pages filed in St. George, Utah, was submitted shortly after Jaeger formally recharged Kingston, 22, with one count of first-degree felony rape. Kingston is accused of sexually assaulting a 20-year-old woman in her St. George apartment on 23 February 2025.
The refiled charge
Jaeger had previously brought the same charge against Kingston in February 2026. After Kingston was released on bail, 5th District Judge Jay Winward dismissed the case last June when prosecutors told him the alleged victim was not prepared to testify. With the woman's renewed cooperation, Jaeger moved to refile.
"With the support of the alleged victim, I have made the decision to refile the case and proceed with this prosecution based on the totality of the evidence," Jaeger said in a statement.
Andrew Deesing, a lawyer for the woman — identified in court documents as A.M. — welcomed the decision. "Their decision to refile these charges has renewed my client's faith in the justice system and her belief that her voice will be heard," Deesing said. "She has shown extraordinary courage and resolve throughout this process."
Grounds for disqualification
Defence attorneys Cara Tangaro and Scott Williams argue that Jaeger's interests in the case have moved beyond the pursuit of justice. They cited a 1935 U.S. Supreme Court ruling to underline the point: "A prosecutor's interest in a criminal case 'is not that it shall win a case, but that justice shall be done.' The Washington County Attorney no longer has only that interest in this case. He has acquired others."
The motion lists several specific grounds. Tangaro and Williams say Jaeger told them in writing last March that he was not the prosecutor on the case and that he trusted the two deputies assigned to it. They further allege that Jaeger's office filed the original charge without first watching body camera footage of the alleged victim's initial disclosure of the assault, and without obtaining the sexual assault examination report — and that Jaeger did not deny this when confronted.
"A prosecutor who has certified, under criminal penalty, facts about his own office's handling of this case, facts his own office's records contradict, cannot be the one who decides whether and how to prosecute it," the lawyers wrote.
They also called the probable cause statement prepared by Jaeger "entirely one-sided," saying it omits key context from Kingston's November 2025 interview with investigators.
"We believe such gamesmanship by a prosecutor is inappropriate, and will address that issue through the court," Tangaro and Williams said in a statement, adding that Kingston has consistently maintained his innocence.
Because Jaeger is the elected head of the office who personally took over the case and supervises every deputy who could otherwise replace him, the defence contends the entire office must step aside. The lawyers have asked the judge to hold an evidentiary hearing on the motion.
Details from the court filing
According to the probable cause statement, Kingston and A.M. initially connected on Instagram before Kingston suggested moving to Snapchat. Court documents state that A.M. told Kingston that if the sole reason for his planned visit to St. George was to have sex with her, he should not come.
The new filing includes a graphic text exchange between Kingston and a person identified as K.W. During his November 2025 interview with investigators, Kingston was asked about a crass term for sexual intercourse used in those messages and confirmed it meant "to have sex."
The probable cause statement says A.M. told Kingston "no" four times before the alleged assault occurred. Kingston told police during the November 2025 interview that "all sexual activity with A.M. was consensual."
Kingston's status at BYU
Kingston had been projected as BYU's primary wide receiver for the 2025 season after catching 67 passes for 928 yards and five touchdowns. Shortly after his initial arrest in February 2026, a BYU spokesperson confirmed he was no longer enrolled at the university and had been removed from the football team.
Source: Google News JM — Kingston