SALT LAKE CITY — The state's top court heard lengthy arguments on Wednesday in the case of a former Utah State University football player convicted of multiple counts of rape.
Torrey Green is appealing his 2019 conviction by a jury. He is currently serving 26 years-to-life in prison for rape and sexual battery. In a hearing before the Utah Supreme Court, his lawyers argued that the numerous women's cases against him should never have been consolidated into one.
"This is a somewhat unique case in which there were these six combined, consolidated cases... the allegations were contested, he said/she said allegations, and the state then introduced prior consistent statements repeatedly to support the alleged victims' description of events," said Freyja Johnson, one of Green's attorneys.
The five justices on the court peppered Johnson with questions about evidentiary rules and what types of testimony can be allowed in a criminal trial. Chief Justice Matthew Durrant appeared to push back on Green's challenge to a court rule about showing repeated accusations.
"Kind of the colloquial way of framing it would be, what are the odds, what’s the likelihood this would happen? So it’s an attempt to rebut maybe a suggestion of coincidence," Chief Justice Durrant said.
Johnson replied Green's trial defense was not claiming it was "pure chance" that so many allegations were made.
"Several motives were raised for reasons why the defense believed these allegations were fabricated at trial," she told the justices, including the publication of a Salt Lake Tribune article about the accusations that prompted others to come forward.
Justice Jill Pohlman asked if there must be evidence presented.
"Does there need to be some kind of showing that this individual actually had motive to lie?" she said.
"I think it generally is enough to have the defense’s theory and it’s explored in some way through cross-examination or argument," she said.
Justice Paige Petersen suggested that rules governing admissibility of statements weren't quite what Green's attorneys would like it to be.
"The language doesn’t, it doesn’t include anything explicit that would lead me to read it in the way you’re saying we need to read it," she said.
Johnson argued it can be expressed or implied.
In his arguments, assistant Utah Solicitor General David Simpson insisted that Green got a fair trial.
"The likelihood that so many women would be able to independently fabricate similar claims against him was exceedingly low and fundamentally, at the end of the day, the victims were not alone," he told the justices.
Outside of court, Simpson told FOX 13 News that what the Utah Supreme Court decides could have larger implications for other cases.
"If the court agrees the trial here was fair, I hope it will encourage rape victims in other cases to feel comfortable coming forward and to know that they’re not alone," he said.
Members of Green's family were in court for the arguments. His father, Clinton Green Sr., told FOX 13 News he hopes his son is able to have his conviction overturned.
"I believe justice will come out of this," he said. "Hopefully it goes well and he can get this behind him."
The Utah Supreme Court took the case under advisement. A ruling could come within the next year.
