From Deseret News archives:
Ex-East football player guilty in hazing incident
Judge rejects claim of horseplay, says action was sex act
At the heart of the case was the debate on whether teenage boys holding down other teenage boys and exposing a person's genitals to them constituted deviant criminal behavior or typical horseplay.
Judge Dane Nolan ruled the defendant's behavior was a sexual act and that he engaged in conduct that caused emotional pain to the victims.
The teen was found guilty of forcible sexual abuse and attempted forcible sodomy, both first-degree felonies, and class A misdemeanor lewdness. All crimes were elevated one step because they were committed by a group of people. Nolan ordered the youth into custody and ordered an evaluation.
The case stems from three hazing incidents last August and September. All the defendants and victims involved were members of the school's sophomore football team. Three of the team's members were charged with assaulting three fellow teammates in the school locker room on three separate occasions.
The Deseret Morning News generally does not print the names of defendants in juvenile court or victims of sex crimes.
One of the biggest hurdles for prosecutors was the testimonies of some of their own witnesses seven current or former players took the stand and many tried to minimize what happened, characterizing it as "horseplay."
The two boys who had previously taken plea deals, one of whom is related to the defendant, also downplayed the hazings.
After issuing his sentence, Nolan noted that he found the testimonies of the two hazing accomplices had "very limited credibility" filled with "convenient lapses of memory" and statements that contradicted proven facts.
But Nolan found there was enough credibility in the courtroom testimonies of other players, and in what they initially told the investigating officer, that there was evidence to support the charges.
Despite two of the victims trying to minimize what happened, the third victim, a 15-year-old boy, stuck to his story, explaining Friday in graphic detail how he was grabbed by two boys, pinned down, and the defendant placed his genitals on his forehead.
"I don't know why they did it. I never thought he'd be the type of person to do that. I didn't feel I could trust him anymore," the boy said.
Recent comments
Your attitude of "boys being boys" is such a huge part of our society...
Re: Wrong | March 1, 2008 at 5:58 p.m.
So, what is the consequence?
Dave | March 1, 2008 at 12:54 p.m.
You are wrong Bob. The genitals are a bad thing but they are high...
Wrong | March 1, 2008 at 12:41 p.m.
- New Kurosawa DVD gift set 2:19 p.m.
- Baucus: Girlfriend merited post 2:09 p.m.
- Dems defeat GOP's Medicare cuts 2:03 p.m.
- Pike rallies Cincinnati past Pitt 2:01 p.m.
- Cigarette sparks WJ house fire 1:55 p.m.
- Snowy roads cause accidents, delays 1:38 p.m.
- Fireplace ignites blaze in family room 1:07 p.m.
- Chain advent calendar countdown 12:58 p.m.
- Police seize stash of masterpieces 12:55 p.m.
- Freeman nails Mandela's charm 12:54 p.m.
- Why is Y. ignoring spew of hatred?
302 - BYU says Hall incident resolved
247 - Letters: Liberal because LDS
244 - 2 citations issued at Y.-U. game
189 - Hate not limited to 1 in-state rivalry
188 - Aggies shoot past Cougars
179 - Y. profs: Beck not all-knowing
159 - N.Y. Senate rejects gay marriage
120 - Max Hall: a fixture in rivalry lore
118 - Unbeaten BYU takes trip to Logan
105
Trolley Square's annual Holiday Open House will feature visits with...
That does it — I'm having an affair! Thanks to Tiger Woods, David...
First, a big thank you to all who posted questions here for me to ask...
Cincinnatti fans went to the game at Pitt today. They were celebrating the...
try it again there were alot of fan wearing green last night too oh...
This is the real national championship. I hope Florida wins and Urban wins...
Were so embarrassed..... you mean law abiding citizens carrying guns on...
Aggie Nation will be ready tonight! We need to be some of these higher...
Peperlake, your comment about "religions of oppression" is lacking in...
Thank you Dr. Gale. I appreciate your thoughts and the way in which you...
The LDS are a majority, you learned that when you worked for the LDS mayor of...
USU will lose three of the four. Will also lose to Boise State, Fresno State,...
Josh, please spell it "peak", you know, like mountain peak, not "peek", like...


