Gridder wants out of plea

PROVO — The sole former Brigham Young University football player still facing criminal charges in an alleged gang-rape wants to withdraw his guilty plea to reduced charges.

If a judge denies the request, Karland Bennett, 20, could be the only ex-BYU athlete accused of the crime to be penalized for the alleged sexual assault.

Two of his former teammates — B.J. Mathis and Ibrahim Rashada — were acquitted of the rape charges in September.

Before the weeklong jury trial, Bennett, 20, worked out a plea deal with the Utah County Attorney's Office.

In exchange for his testimony, he was allowed to plead guilty to one felony count of obstruction of justice and one felony count of dealing harmful material to a minor.

The prosecution dropped the first-degree felony charges of aggravated sexual assault, and Bennett was promised a sentence no harsher than what Rashada and Mathis would face, said Greg Skordas, Bennett's attorney.

The three men were charged with rape of a 17-year-old girl at a Provo apartment in August 2004.

Former players William Turner Jr. and Billy Skinner were also charged in connection with the case but tried as juveniles in exchange for their testimonies. All the men involved in the case were dismissed from the football team and the university.

However, because Mathis and Rashada were found not guilty of two counts of aggravated sexual assault, furnishing alcohol to a minor and obstruction of justice, that means the deal between Bennett and the prosecutors should be upheld — his sentence shouldn't be worse than his teammates'.

"Karland agreed to testify and was told his sentence would be no more severe," Skordas said. "I think (the court) will allow Bennett to withdraw his guilty plea."

In his testimony at the trial of Mathis and Rashada, Bennett acknowledged agreeing with the other players to lie to police and BYU Honor Code investigators. But Bennett also contended that the sex acts at his apartment that night appeared to be consensual.

At a hearing Tuesday — the day Bennett was scheduled to be sentenced — 4th District Judge Samuel McVey scheduled arguments on Skordas' plea-change motion for Jan. 3.

Deputy Utah County Attorney Donna Kelly, who prosecuted the case, said there was a great deal of discussion about potential sentences but doesn't remember any specific promises.