Former BYU Football Player Parker Kingston Faces Rape Charge in St. George Court
Alleged victim will not testify in person at Monday's preliminary hearing. Written affidavit to be used instead under Utah Rule 1102.
Victim's Written Statement to Replace In-Person Testimony at Kingston Rape Hearing
The alleged victim in the rape case against former Brigham Young University football player Parker Kingston is not expected to testify in person at next Monday's preliminary hearing, stgeorgeutah.com reports.
Prosecutors intend to submit what is known as an 1102 statement — a written affidavit permitted under Rule 1102 of the Utah Rules of Evidence — in place of live testimony from the accuser.
Wednesday's Hearing in 5th District Court
The matter came to light during a five-minute discovery review hearing on Wednesday in 5th District Court in St. George. Defense attorney Cara Tangaro sought clarification from Judge Jay Winward on the prosecution's approach.
"It sounds like the government is not going to put the alleged victim on the stand and will rather proceed with an 1102 statement," Tangaro said. She added that she believes she retains the right to fully cross-examine the investigating detective about the inquiry, statements made by the alleged victim, and her client's own interview.
Deputy Washington County Attorney Ryan Schaum confirmed the prosecution's position, stating there was no objection to the defense examining the officer about the investigation. However, Schaum argued that statements made by the alleged victim are not relevant at the preliminary hearing stage and constitute hearsay.
Schaum cited State v. Lopez, a 2020 Utah Supreme Court decision that limits a defendant's right to subpoena and question alleged victims who have already provided hearsay evidence deemed reliable — such as an 1102 statement.
Judge Grants Full Cross-Examination of Detective
Judge Winward ruled that he would allow thorough cross-examination of the detective at 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 included statements from the alleged victim, Winward confirmed it did.
Defense to File Motion on Evidentiary Issues
Tangaro indicated she plans to file a motion addressing what she described as "significant evidentiary issues" in the case following her review of the state's evidence.
"I have shared some of my concerns with the government," Tangaro said. "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."
Winward said he would take up any such objections on Monday, noting that the preliminary hearing would proceed as scheduled and that a separate hearing on release conditions would follow.
Both Tangaro and Kingston plan to appear in court in person on Monday.
Background
Kingston, who turns 22 on Friday, was arrested on February 11 following a months-long investigation. A then 20-year-old woman accused him of sexually assaulting her in St. George in February 2025. He was subsequently expelled from Brigham Young University, where he had been a member of the football team.
Kingston 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.
Source: Google News JM — Kingston