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2026-10-22 20:43
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Thank you, I love that jacket. Sorry. So I have received all exhibits. I have reviewed all exhibits. Mr. Sham, I have to view the light the evidence in the light most favorable to you, correct? Correct, Your Honor. And all reasonable inferences must be found in favor of the state, correct? >> That is correct, Your Honor. The elements of rape are that there was sexual intercourse or penetration, however slight, with an individual without consent. >> That is correct, Your Honor. Ms. Tangaro, did I misstate anything? You did not. Okay. Ms. Tangaro, argument? Yes, Your Honor. Your Honor, I obviously understand the case laws surrounding preliminary preliminary hearings, and I understand your ability to look at credibility and the inferences uh at this stage in the process. I will note um that there has been recent preliminary hearing case law, um a case by the name of Murphy recently came out. Um I happen to know those facts well because it is my case. In that case, Judge Coram did not bind over um sexual abuse of a child. Um the alleged victim actually took the stand and testified on that case as did his mother. Um Judge Coram did not bind that case over. It was appealed by the state and the court of appeals upheld uh the lack of bind over. So, I do think that there is there is some movement potentially related to preliminary hearings. What is important here, Your Honor, are the factors in this case. So, first of all, this is obviously um a slightly delayed report. Um she goes, you know, 4 days later and um does the original interview. She does not want to move forward. I think the CAD call thing is really important. Um either the CAD call is not telling the truth or she is not telling the truth. And my guess is the CAD call is correct, that on March 1st, she did call in and said she no longer wanted to pursue this. I think that is important. I do think it is very pivotal that she comes forward 3 hours after the Jake Ratzlaff civil case hits the news. The important part of that, and you can see that in that article, prior to that article coming out, she never says anything about Mr. Kingston falling asleep. The AV in the Jake Ratzlaff case basically says that Jake fell asleep and then woke up and was very aggressive. Suddenly, that is now this alleged victim's story after seeing that. I think that is very problematic. Um I want to note in her interview, I also think this is important. First of all, I think when we're looking at the circumstances, she goes back and forth and right? I don't know what people think is everything but sex. But originally in this interview, she's saying, "Oh, we didn't do very much." And then suddenly, it's "We did everything but sex." Um there's some question. She does say oral sex was performed on her. Um I believe the check mark on the scene exam says that she performed oral sex on him. They're clearly disrobed down to underwear and bras. She says then the story with Mr. Kingston falling asleep, she then got up, put on clothes, put on a sweatshirt, put on sweat shorts, and then came back to bed, and essentially disrobed again. Um What if we are to understand what her very best friend in the world and roommate is saying, she actually came into her room after this event and said nothing? That makes no sense. So, Parker leaves at 3:00 or whatever time that was. And she goes into the best friend's bedroom, says nothing, ultimately talks to a neighbor law enforcement officer who's never been interviewed. Um And then I think it's very compelling in her interview, her forensic interview. So, because right after it happened, I really in my mind thought that I did something wrong. I thought, "Oh, that was my bad. I didn't I don't know." And so, I talked to my therapist about it, and I talked to a couple of people about it. And my therapist was like, "No, that was not consensual. Anything that's no, anything that's an absence of that's sexual assault." So, we have this situation where she's not even clear um about her involvement, whether, you know, whether there was consent or not. She has to be told. And I can guarantee you 100 of out of 100 therapists would say something like this, but it doesn't make it so. Um And so, for that reason, Your Honor, I think the government is relying heavily on those text messages between Kellen Parker. The truth was these two guys were trying to plan a date that day. It was the alleged victim, sorry, who um called him over at 1:00 a.m. to hang out. I'm sorry. It's not it I know. It's a lot to take in, but um so, it was the alleged victim who called him over at that time and was obviously completely participatory in, even according to her, with much of the stuff. Then, we have the interview with Mr. Kingston, where Mr. Kingston says this was all consensual. He goes in and fully cooperates with law enforcement. You have the 11:02 from Kel, and they finally interviewed Kael after filing charges saying no, this is just dudes talking. It didn't It doesn't mean even if we were talking about Kraken, it doesn't mean you're going to go rape someone or have sex with them without their consent. That's a huge leap to think that's what those conversations meant. Lastly, we have an 11:02 from a witness who reached out to me to let me know that the alleged victim had bragged about having sex with a BYU football player. What's really important about that and I think evidence um to help support that is that kid when when Parker gets charged, so over a year later he reaches out to the roommate/best friend and was like, "Hey, what do you know about this?" And then just gets blocked. Um the government knows about that witness. They have not been interviewed uh by the government. Your Honor, I think taking all these things into consideration um this is a quintessential he said, she said case. I don't think there's enough for probable cause of rape. I Oh, the psoriasis thing is important. It might be small, but it's the little things. If you are lying about the little things, what else that can or cannot be proven are you lying about? So, this AV gets interviewed and says, "Oh, this was so traumatic it caused psoriasis." And yet she then details on TikTok a very detailed journey of her psoriasis journey which started in 2024 prior to her meeting Mr. Kingston. And you know, I know I know the standards. I know all those things, but I do think this is one of those cases that your honor as the gatekeeper ought to take a very hard look at. Thank you. Mr. Sham, do you have anything to say? Is
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