Defense seeks to remove prosecutor from BYU footballer Parker Kingston rape case
Lawyers for former BYU standout Parker Kingston have asked a judge to disqualify Washington County Attorney Jerry Jaeger from his refiled rape case.
Kingston defence moves to disqualify Washington County prosecutor after rape charge refiled
Hours after prosecutors refiled a rape charge against former Brigham Young University football player Parker Kingston, his defence attorneys filed a motion asking a judge to remove Washington County Attorney Jerry Jaeger and his entire office from the case, sltrib.com reports.
Attorneys Cara Tangaro and Scott Williams argue that Jaeger has developed a personal stake in defending his office's prior handling of the prosecution — a conflict, they say, that is incompatible with his duty to pursue justice impartially.
"Mr. Kingston is entitled to a prosecutor whose only interest is that justice be done," they wrote in the filing.
Disciplinary complaint at centre of conflict argument
Central to the defence's argument is a disciplinary complaint Jaeger filed with the Utah Office of Professional Conduct against two St. George attorneys who, while not representing Kingston, had discussed the case in TikTok videos.
Jaeger accused those attorneys of making false factual assertions about the investigation and of attacking the alleged victim's credibility. He asked the office to examine whether they had violated professional conduct rules on truthfulness and pretrial publicity.
"I am particularly troubled by public statements attacking the victim's credibility and character through social media platforms when those statements appear unsupported by the evidence," Jaeger wrote in the complaint, which Kingston's legal team attached as an exhibit in their court filing.
One of the named attorneys, William Palmer, responded through counsel that his online remarks were drawn from testimony and exhibits presented at Kingston's preliminary hearing, which he had attended as an observer. That response was also included as an exhibit in Kingston's latest filing.
Defence alleges inconsistencies in prosecutor's account
Tangaro and Williams contend that statements Jaeger made in the disciplinary complaint and in separate court filings conflict with what the evidence and records show. They argue his decision-making going forward — on evidence disclosure, plea negotiations or whether to continue the case at all — could be shaped by his interest in defending the positions he has already staked out publicly.
"His personal interest lies in a record that confirms that account," they wrote.
The defence attorneys also contend that prosecutors originally charged Kingston nearly a year after the alleged assault without first reviewing key evidence, including body camera footage of the woman's initial report to police and her sexual assault examination report. Jaeger has maintained in filings that prosecutors had reviewed the relevant footage and that the case underwent extensive review before charges were brought.
A spokesperson for the Washington County Attorney's Office said the office will oppose the motion and intends to address the specific allegations in an upcoming court filing.
Case history: dismissal and refiling
A judge dismissed the felony rape charge against Kingston over the summer after prosecutors indicated the alleged victim might not be emotionally ready to testify at trial. The dismissal was without prejudice, leaving prosecutors free to refile — which Jaeger did on Thursday, stating that he had the support of the alleged victim.
Her attorney, Andrew Deesing, said in a statement that the decision to refile had renewed his client's faith in the justice system.
"She has shown extraordinary courage and resolve throughout this process," Deesing said.
The Salt Lake Tribune, which does not generally name alleged victims of sexual assault, noted that the presiding judge has taken steps to protect the woman's identity throughout the proceedings.
Tangaro and Williams called the decision to refile "disappointing" and said Kingston maintains his innocence.
Allegations detailed in charging documents
Prosecutors allege that Kingston had been exchanging messages with a St. George woman and, in February 2025, made plans to meet her. According to charging documents, she told him that if his only reason for coming was to have sex with her, he should not come.
Kingston nonetheless texted a friend that he intended to have sex with her, charging documents allege, though he said he was hesitating because he was upset with her over changed plans. In a follow-up message he acknowledged he desired sex.
When Kingston arrived at the woman's home, prosecutors say the two talked and engaged in some consensual sexual activity but did not have intercourse. The woman said she left the room to get ready for bed while Kingston was falling asleep. When she returned, she alleges he initiated sexual contact. She told him "no" four times, she alleged, but he forced her to have sex.
Kingston is scheduled to make his initial court appearance on 17 December.
Source: Google News JM — Kingston