I'm going to find those CAD calls. I thought I had pulled it out. Um So, she had said that she wasn't sure if she wanted to move forward with the case. >> Correct. >> And so, at that point, what you do is you kind of put a hold on the kit. >> Yes, ma'am. >> And it doesn't it doesn't get forwarded anywhere. >> Correct. >> Um it is still true though that an officer picks up that kit, and then I'm guessing it gets stored with the police department. >> Yes, ma'am. >> And on these CAD calls, um is it fair to say that that you believe that CAD calls are accurate? >> Yes, ma'am. >> There it's important, right? If people are calling into law enforcement, and that's being documented, that that whatever information in a CAD call is accurate, correct? >> Yes, ma'am. >> And you believe that the people you are dispatch um accurately reflect those calls. >> Uh to the best of their ability. >> So, there is a CAD call on I believe it's 31. Oh, I just found it. Um may I approach the witness with defendant's exhibit number one, which is Do you have the CAD calls up there? >> I do not, ma'am. >> Okay. >> Deputy. >> And if we need to redact these, uh I'm not sure if we do, but we'll Yes, we do. We'll redact before that goes into the record. >> Okay. It's just the CAD calls. Any objection to receiving a redacted version of the CAD call? >> No, no. >> Okay. The court will receive and admit once the redaction's made. >> So, have you reviewed that in preparation for your testimony today? >> I have not. >> Okay. Do you want I'll I'll you a moment to review it. Look up when you're done. Done? >> Yeah. >> Okay. So, in looking at that defendant's exhibit number one, um does that appear to be the CAD calls that um are attached to this case? >> Yeah, it's it's a one single call that will get reopened. >> Okay. So, for example, in this it was like the alleged victim went to the hospital. There's a CAD call, I think, notation that someone went to pick up the kid. >> Yes, ma'am. >> Um on March 1st, there's a CAD call saying that the alleged victim does not want to move forward, correct? >> Correct. >> And [snorts] have you reviewed the body cam related to that CAD call? >> Um I I'm sure I did. I don't recall >> Let me Let me see if this refreshes your recollection. So, that CAD call comes in, and then a person by the name of Officer Richie, does that name sound familiar? >> Yes, ma'am. >> Um and Officer Richie actually attempts to call the alleged victim back, correct? >> Correct. >> And on body cam, there's like a 2 and 1/2 minute body cam where Officer Richie is attempting to call back the alleged victim and ultimately leaves a message, correct? >> Correct. >> And in that message, Officer Richie says, "Hey, I understand you don't want to move forward. Um you know, call us back if you change your mind." And I think says something like you have a year to decide what you want to do. Does that sound right? >> Uh I don't recall what he I don't remember what he said in >> Look in the CAD call. It might even be in there. >> Uh on the 1st I called twice but the phone went straight to voicemail. I left a message for a return phone call. >> Okay. Does it say anything about that? >> No. >> Okay. Um and I think this is also reflected in the police report, page 11 of the police report that this occurred, correct? >> Uh yeah, I believe so. I can check. Would you like me to >> Yeah, check your police. I hope we have Sometimes we have copies. How many pages is yours? >> Uh well, I've got it's my >> Cuz you have supplements. >> a total of 17 but I have my supplements. I don't have the other officer's reports in front of me. I just have my own. >> That's okay. Um then at some point the alleged victim calls back and says, "Never mind, I do want to pursue this case." Correct? >> Correct. >> And on what day was that? >> Uh it looks to be 5:21 of 2025. >> At what time? >> Uh 16:38 4:38 in the afternoon. >> Okay, 4:38 p.m. >> Correct. >> All right. And is there some indication that she denies saying that she made that call on 3/1? >> Uh yes, it said she said she never said she wanted to cancel this. >> Okay, so we have the alleged victim saying basically I never made that CAD call on 3/1, correct? >> Um no, I believe Well, let me see. >> Well, the CAD call >> Oh, correct. Yes. >> So now when she comes forward on May 21st, she says I never said I wanted to cancel this. That is in direct contradiction to what your CAD call says on 31, correct? >> Objection, your honor. That's a legal conclusion. >> Overruled. You can answer the question. Is it a direct contradiction? So, will you re-ask the question? >> Okay, on 31, you have a CAD call notation >> Correct. >> that says the alleged victim called in and doesn't want to move forward. Why don't you read it without reading her name? What does the 31 say? >> Uh 31 call reopens, and then the alleged victim gives a phone number, requests a 21, which is a phone call, wants to cancel this report. And then Officer Richie at uh so, that the call was reopened at 6:39 p.m., and then Officer Richie makes his notation at 6:56. >> Okay. And then going down to May 21st, the alleged victim is saying, "No, I never made that call to cancel." >> Correct. [snorts] >> So, one of those things can't be true, right? >> [clears throat] >> Um I I guess, yeah. >> It's a direct contradiction. >> Objection, your honor. Asked and answered. >> Sustain this time. >> Handing you what's been marked as defendant's exhibit number two. >> Ms. Tenger, I'm going to have the detective return exhibit one to you. >> Yes. >> I'm not going to I'm going to receive and admit it after you've redacted names >> phone numbers. >> May I ask a question because these exhibits are just going to be returned, right? They won't be part of the record. >> They are going to be part of the record. >> Okay. >> All of the exhibits that I'm accepting and receiving will be made part of the record and on the docket. >> Okay, then I will redact. Thank you. >> Um So, looking at that, I have previously provided that to the prosecutor's office. Did they make you aware of it, defendant's exhibit number two? >> No, I've never seen this. >> You have never seen that article? >> No. >> All right. What I want you to do, um, is look at the title on that article and read what the title is. >> Uh, BYU quarterback Jake Retzlaff accused of sex assault in new civil lawsuit. >> And what is that article part of? >> The You mean the publication? >> Yes. >> Salt Lake Tribune. >> And will you look at the date and time that that article came out? Think it's right under the photograph, maybe, or right above. >> Um, no, that's not it. Oh, May 21st, 2025. >> At what time? >> 12:59 p.m. >> Okay. So, that is an article about the quarterback of BYU's team that a civil suit is filed against him, and that's about 4 hours before the alleged victim comes forward? >> Um, I'm not sure. Well, no, she she came forward, well, she >> Go back to your CAD call. >> That it was taken from. >> Okay. Go to that where on May 21st, you've already put it on the record and let's put it on the record again. >> At 4:38 the call was or at 4:37 the call was reopened. >> Okay, so about 3 and 1/2 hours after she calls back in and wants to uh, move forward with her case. >> Yes. >> And you've never seen that article? >> Not that I've I mean I I've know of the the case, but I I know if I've seen this particular article. >> Okay, the prosecution did not talk to you about it? >> Objection, your honor. Relevance of the >> That's not relevant and it's the same Pause right there. I want you to turn around. Is everybody on this side of the room part of Mr. Kingston's family? >> I don't know, but probably. >> Besides Mr. Palmer? >> I don't know everybody, but yes, I'm getting a head nod. >> Okay. I don't know you on the back row. Are you here just observing? Okay. Members of the media, you're to disregard anything that you've heard during this this portion of the testimony that may lead you to know who the alleged victim is. You're not to report on the alleged victim's name and everybody in the courtroom, I'm ordering you not to to disregard any names you hear during court today. Is there anybody that doesn't understand my order or the possible penalties for contempt in in publishing any names that you hear today regarding the alleged victim? Please raise your hand. Okay. Any questions about my order? Thank you. You can continue. >> I apologize, your honor. This is my