Former BYU Football Player Parker Kingston Faces Rape Charge Ahead of Preliminary Hearing
Parker Kingston, 22, accused of rape, faces a preliminary hearing on March 23 in St. George, Utah. The alleged victim is not expected to testify in person.
Alleged Victim to Submit Written Statement as Former BYU Player's Hearing Approaches
The alleged victim in the rape case against former Brigham Young University football player Parker Kingston will not testify in person at next week's preliminary hearing, according to cbc.ca. Prosecutors are instead expected to rely on what is known as an 1102 statement — a written affidavit permissible under Rule 1102 of the Utah Rules of Evidence.
The decision was discussed during a five-minute discovery review hearing on Wednesday in 5th District Court in St. George, Utah, before Judge Jay Winward.
Defense Seeks Full Cross-Examination Rights
Defense attorney Cara Tangaro asked the court for clarification on the prosecution's approach, stating: "It sounds like the government is not going to put the alleged victim on the stand and will rather proceed with an 1102 statement. It is my belief that I still get to fully cross-examine the detective about the investigation, about statements made by the alleged victim, about my client's interview."
Deputy Washington County Attorney Ryan Schaum pushed back on part of that request. While he said prosecutors had no objection to the defense cross-examining the investigating officer on the general investigation, he argued that statements made by the alleged victim would be hearsay and irrelevant at the preliminary hearing stage.
Schaum cited State v. Lopez, a 2020 Utah Supreme Court ruling that limits a defendant's right to subpoena and question certain witnesses — specifically alleged victims who have already provided hearsay evidence deemed reliable, such as an 1102 statement.
Judge Allows Broad Cross-Examination
Winward ruled that he would permit full and thorough cross-examination of the detective during the preliminary hearing, which is scheduled for 9 a.m. on Monday, March 23.
"The standard in Lopez is that I'd have to find that the victim's testimony is so incredible that it can't be believable," Winward said. "However, if the state is choosing to proceed by 1102, this court will allow a full and robust cross-examination of the detective so that I can determine whether the 1102 statement is incredible or not."
When Schaum asked whether that ruling extended to statements from the alleged victim, Winward confirmed: "That's correct."
Defence Plans Motion Over Evidentiary Concerns
Tangaro indicated she intends to file a motion addressing what she described as "significant evidentiary issues with this case." She said she has already raised some of those concerns with prosecutors, but that the state does not appear ready to alter its position.
"It sounds like they're not going to change their stance, and so I will be filing a memorandum to address Mr. Kingston's release conditions based on discovery," Tangaro said.
Winward said he would address any such objections on Monday, adding that after the preliminary hearing concludes, the court would also hold a separate hearing on Kingston's release conditions. Both Tangaro and Kingston are expected to attend in person.
Background: Arrest and Expulsion
Kingston, who turns 22 on Friday, was arrested on February 11 following a monthslong investigation. A then 20-year-old woman accused him of sexually assaulting her in St. George in February 2025. Shortly after his arrest, Kingston was expelled from Brigham Young University, where he had been a member of the football team.
He faces a single count of rape, classified as a first-degree felony under Utah law.
Persons arrested or charged are presumed innocent until found guilty in a court of law or as otherwise decided by a trier of fact.
Source: Google News JM — Kingston