A prominent Salt Lake City lawyer who has been on both sides of the aisle as a sex crimes prosecutor and a criminal defense attorney said that the civil lawsuit filed Wednesday against Jake Retzlaff — alleging that the BYU quarterback committed assault and battery on a Salt Lake County woman 18 months ago — is “problematic and damaging,” but could be worse.
Greg Skordas, a 38-year legal veteran who was the Democratic candidate for Utah Attorney General in 2020, told the Deseret News Thursday that it is important to remember that “Jane Doe AG vs. Retzlaff, Jake” is a civil suit and not a criminal complaint.
“It is much less damaging than would be a criminal case,” Skordas said when asked how much trouble the rising senior quarterback is in. “I mean, a criminal case has significant consequences. For a rape, what could be five years to life in prison. This is a financial case, solely a financial case.”
The case has been assigned to 3rd District Court Judge Coral Sanchez, according to an amended complaint filed Thursday by the anonymous plaintiff‘s attorney, Terence L. Rooney. Skordas said the amended complaint changes some “technical stuff” and is mostly similar to the original complaint.
“They just did some things wrong” in the complaint filed Wednesday, he said. “No important changes.”
The lawsuit seeks “greater than $300,000 each” for as many as three causes of action: battery, assault and intentional infliction of emotional distress, according to court documents.
“I am not saying that (the civil lawsuit) is not still a problem, but in my opinion it is a lesser problem,” Skordas said. “And it does not appear, from anything that we are hearing, although things could change, that there is going to be a criminal case.”
As of Thursday evening, no criminal charges had been filed by the Utah County Attorney’s Office, the jurisdictions where Retzlaff resides and where the alleged assault is said to have taken place — in the bedroom of Retzlaff‘s apartment.
Provo police issued a lengthy statement Wednesday night saying the plaintiff‘s story, as outlined in the court documents, that police discouraged her from filing a police report when she reported the alleged crime on Nov. 27, 2023, “is not true.”
Skordas said he wouldn’t be surprised if the case is transferred to Utah County, because Retzlaff resides there and that is where the alleged incident happened.
“You would assume this case would be better tried in Utah County, but I don’t know that that is important,” Skordas said.
Along with naming Retzlaff as a defendant, the plaintiff also names John Does 1-50, signifying that her attorney believes there could be other people who concealed the misconduct, or failed to take steps to protect the alleged victim from Retzlaff.
“It could be the Provo police (who are the John Does in mind), but by all accounts, it looks like the Provo police did act on her complaints,” Skordas said, referring to the statement from PPD. “She was reluctant to name him. She seems fairly reluctant to want to participate in any criminal prosecution. So I don’t think there is a lot of evidence that the Provo police dropped the ball on this. That’s just my own take on it.”
Within hours of the lawsuit being filed, Retzlaff‘s family retained California attorney Mark D. Baute, who is most known for successfully defending NBA star Derrick Rose and his friends in a rape case. Baute issued a statement Wednesday saying Retzlaff is “factually innocent” and that he will “establish Jake’s innocence through the judicial system.”
Baute did not respond to the Deseret News’ request for an interview on Thursday.
Skordas said if the case eventually goes to trial — a process that will take “probably between a year and a half to two years,” it could cost Retzlaff dearly in the pocketbook. He is assuming the plaintiff‘s attorney took the case on a contingency basis, much like personal injury lawyers do.
The firm of Gross & Rooney, to which the aforementioned Rooney belongs, describes itself as “personal injury and business trial attorneys” on its website.
“It could cost (the Retzlaff family) tens of thousands of dollars,” Skordas said. “It depends on how far it goes. If it goes all the way to a jury trial, you could approach six figures.”
According to court documents, Retzlaff had not been served notice as of Thursday night. After he’s served, his attorneys will have 21 days to file a response, and the process will begin in earnest.
What will BYU do?
BYU issued a statement Wednesday regarding the allegations and civil lawsuit against arguably its most prominent student-athlete (until No. 1 prep basketball recruit AJ Dybantsa begins playing for the Cougars in November) via Jon McBride, the school’s associate athletic director for communications and media strategy.
“BYU became aware today that a civil lawsuit involving Jake Retzlaff had been filed this morning,” the statement read. “The university takes any allegation very seriously, following all processes and guidelines mandated by Title IX. Due to federal and university privacy laws and practices for students, the university will not be able to provide additional comment.”
The Deseret News has requested through BYU’s University Communications to speak with a representative from BYU’s Title IX Office.
“The school may take up a Title IX investigation, if it chooses,” Skordas said. “That sort of remains to be seen.”
Retzlaff, who is from Corona, California, and is the first Jewish quarterback in BYU football history, received his degree in exercise and wellness and participated in graduation ceremonies last month. To remain eligible, he will need to take at least one graduate-level class as he goes about his final season in Provo, although that season is clearly in jeopardy.
Of course, as a student Retzlaff is subject to BYU’s Honor Code, a set of behavioral standards that all students, faculty and staff at the school supported by The Church of Jesus Christ of Latter-day Saints are expected to follow. The code encompasses various aspects of personal conduct, including chastity and avoiding premarital sex.
BYU has an Honor Code Office that “has the responsibility to address behaviors that violate the university’s code of conduct,” according to its website.
“While a separation from the university may occasionally be necessary, we believe that as students engage in an educational Honor Code process, we can address almost all behaviors without any need for separation from the university,” the website notes. “In fact, over 95% of our cases are resolved with the student remaining fully enrolled at BYU, with only about five students being expelled each year from a population of 35,000 students.”