From Deseret News archives:
No charges in Y. rape case
Ex-football player who took plea deal won't face prosecution
The decision to drop charges against Karland Bennett, 21, came after the teenage girl who accused the football players of rape told government prosecutors she didn't want to take the stand again in another trial.
Bennett was one of four men indicted by a grand jury for the alleged sexual assault at a Provo apartment in August 2004.
Bennett opted to negotiate with prosecutors, pleading guilty to reduced charges instead of going to trial on aggravated sex-abuse charges. In exchange, he testified during the trial against peers and former athletes B.J. Mathis and Ibrahim Rashada.
But when the jury found Mathis and Rashada not guilty, Bennett's attorney, Greg Skordas, filed a motion to withdraw Bennett's previous guilty plea.
At that time, Skordas said Bennett, when he agreed to a plea deal, was promised a sentence no harsher than what Rashada and Mathis would face.
After the plea withdrawal in January, the case sat dormant for several months. Prosecutors talked with the teen to decide whether they wanted to pursue another trial.
Nothing was decided until a routine housecleaning session in 4th District Court on Monday. Judge Samuel McVey reviewed a file of William Turner Jr., another former BYU athlete linked to the case. He was tried in juvenile court.
The file raised questions about Bennett's case, which was still open.
McVey told his clerks to contact Skordas and Deputy Utah County Attorney Donna Kelly to start a resolution process.
Although Kelly had spoken with the teen several times, while on the phone with her Monday afternoon the girl said she was ready to be done.
"The victim does not want to go through any more — it's been a long horrible nightmare for them," Kelly told the Deseret Morning News. "Of the four individuals, Karland Bennett was the least culpable of all of them, so we're going to move to dismiss."
Prosecutors say the Sandy teenager went to the football players' apartment, was given alcohol, shown pornography and then gang-raped.
Mathis and Rashada were acquitted by a jury of all felony charges — two charges of first-degree aggravated sexual assault, second-degree obstruction of justice, third-degree dealing in harmful material to a minor and a class B misdemeanor of unlawful supply of alcohol to a minor.
"Given the fact that the other two were acquitted, it's the right thing to do," Kelly said. "I don't agree with the acquittal ... when they had no consequence.
"As much as I disagree with this verdict — still to this day I believe they were guilty — the jury didn't find them guilty."
