PROVO, Utah -- Former Brigham Young football player Karland Bennett, who accepted a plea bargain in a purported rape while two teammates went on to trial and were acquitted, has been allowed to withdraw his plea.
Fourth District Court Judge Samuel McVey on Wednesday set aside
the plea deal, in which Bennett had pleaded guilty to obstruction
of justice and dealing in harmful material to a minor and agreed to
testify against the others.
The ruling means Bennett now faces the original charges of
aggravated sexual assault, dealing harmful material to a minor,
supplying alcohol to a minor and obstruction of justice.
The Utah County Attorney's Office must now decide whether to
prosecute Bennett or drop the charges.
Prosecutor Donna Kelly said McVey's ruling will not be appealed,
but she's not sure what their next legal action will be. She said
she would talk to the family of the then 17-year-old Sandy girl who
made the rape accusation and get their feelings.
"This young girl has been through a tremendous amount
already," she said. "We do not want to put her though any more
The girl's father contended Bennett was aware of what he was
"You know, just because the system fails on one side, does that
mean everybody walks?" he said Wednesday. "That doesn't make
Bennett was one of four BYU football players charged in an
August 2004 incident after the girl told police she had been given
liquor and raped by several men in a Provo apartment. Two others
present at the time were charged with lesser offenses and pleaded
guilty to misdemeanor charges of lying to police, with the charges
to be dismissed after successful completion of probation.
Ibrahim Rashada and B.J. Mathis were acquitted by a jury.
William Turner, who was 17 at the time of the incident, pleaded
guilty in juvenile court to forcible sodomy, got no jail time and
testified for the prosecution that the players took advantage of a
"barely conscious" girl.
Bennett, in seeking to withdraw his plea, contended that
prosecutors had promised him that his punishment would not be worse
than that of his co-defendants, and that if they were acquitted the
charges against him would be dismissed.
Kelly said any agreement regarding comparable sentencing or
dropped charges was not part of the plea deal.
"Mr. Bennett entered his plea because of a reasonable
expectation his punishment would be no more severe than that of his
co-defendants and that all charges against him would be dropped if his co-defendants were acquitted," McVey ruled. "Therefore, this
court finds Mr. Bennett was genuinely and legitimately confused
about the plea agreement and [pleaded] guilty with an exaggerated
belief in the benefits of his plea."