Is judge giving former BYU football star preferential treatment in rape case?

Prosecutors want to disqualify the judge in the Parker Kingston case because they believe the alleged rape victim can’t get a fair trial because the former BYU football star is receiving preferential treatment.

Washington County Attorney Jerry Jaeger filed a motion Monday to disqualify 5th District Judge Jay Winward after he declined an earlier request to voluntarily recuse himself. Jaeger wrote that there are “substantial concerns” about the judge’s ability to remain fair and impartial in the case.

“The alleged victim in this case has lost all confidence that she can receive a fair proceeding before Judge Winward,” Jaeger wrote. “The victim seeks nothing more than the opportunity to present her testimony and have the allegations adjudicated before an impartial court and jury.”

Kingston, 22, faces one count of felony rape. A 20-year-old woman identified in court documents as A.M. reported that Kingston sexually assaulted her on Feb. 23, 2025, in her St. George apartment. She notified police of the assault on Feb. 27 at St. George Regional Hospital, according to a probable cause statement.

“At the outset of the proceedings, Judge Winward stated that the defendant’s status as a sports figure would not affect the court’s handling of the case,“ Jaeger wrote. ”Subsequent proceedings, however, have reflected the opposite.”

Is Parker Kingston getting preferential treatment?

In the motion, Jaeger outlines a pattern of “conduct, statements made on and off the record and repeated actions favoring the defendant’s interests based upon his status as a prominent athlete” that he argues have created concerns regarding impartiality. It includes repeated consideration of Kingston’s athletic career, refusal to accommodate the victim’s medical needs and unequal enforcement of courtroom directives.

“Most notably, during this last hearing held on May 18, 2026, Judge Winward expressly stated on the record that he needed to consider the defendant’s athletic sports career in determining scheduling matters. The court relied upon the defendant’s sports career when setting trial dates despite being fully informed of serious medical/mental health concerns affecting the alleged victim,” he wrote.

Jaeger contends that the judge relying on Kingston’s athletic career as a factor in scheduling decisions creates the appearance of preferential and privileged treatment not available to ordinary criminal defendants.

BYU announced in February that Kingston is no longer a student at the school and was removed from the football team. His future football career is unclear.

Are the victim’s rights being recognized?

The “triggering” event that led to the motion to disqualify was Winward’s refusal to grant the prosecution’s request for a continuance to give the alleged victim more time for treatment and recovery to be able to participate in the trial, Jaeger wrote.

The request, he wrote, was supported by medical professionals who said the woman required about 12 additional weeks before she would be medically and psychologically capable of testifying.

Despite that information, Winward scheduled the trial six weeks out from the May 18 hearing. “It was during that hearing that the court made statements and rulings which, when viewed objectively, caused the state and the victim to clearly question the court’s impartiality and necessitated the filing of this motion,” Jaeger wrote.

The trial is scheduled to start July 6.

The county attorney also noted that during the preliminary hearing, Winward instructed participants that the victim’s real name was not to be disclosed. He wrote that the judge failed to take action or hold Kingston’s defense attorney in contempt for using the victim’s name two separate times.

“The victim reasonably perceived this unequal enforcement as further evidence that her interests were receiving less protection than the defendant’s interests throughout the proceedings,” Jaeger wrote.