Defense attorneys for former BYU football player Parker Kingston have filed a motion to disqualify Washington County Attorney Jerry Jaeger from a rape case.
The motion was submitted to 5th District Court in St. George, Utah, shortly after the attorney “refiled a rape charge against Parker Kingston” on Thursday.
Defense lawyers Cara Tangaro and Scott Williams argued that the prosecutor’s interest has shifted away from the pursuit of justice.
They cited a 1935 U.S. Supreme Court ruling to state that “a prosecutor’s interest in a criminal case is not that it shall win a case, but that justice shall be done.”
The 22-year-old Kingston was originally arrested and charged in February 2026, but the case was dismissed last June after a judge denied a request to delay the trial, “according to local reporting.”
Jaeger defended the decision to refile the charges in a formal statement.
He noted that he made the choice “with the support of the alleged victim” and based on the available evidence.
The woman, identified in court documents as A.M., is represented by attorney Andrew Deesing.
Deesing stated that the refiling of the charges “has renewed my client’s faith in the justice system.”
Defense lawyers maintain that Kingston is innocent and characterized the state’s probable cause statement as one-sided.
They argued that the office failed to review critical evidence, including body camera footage, before filing the initial charges.
The defense team stated that “such gamesmanship by a prosecutor is inappropriate” and intends to address the matter through the court.
Following his initial arrest, a BYU spokesperson confirmed that Kingston was no longer a student and had been removed from the football team, “per university officials.”
The defense has requested that the judge hold an evidentiary hearing regarding the disqualification motion.