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Prep athlete is guilty of locker-room sex abuse
This is an archived article that was published on sltrib.com in 2008, and information in the article may be outdated. It is provided only for personal research purposes and may not be reprinted.

Did an East High football player engage in wrong-headed horseplay last fall, or hazing that resulted in serious criminal behavior?

Three victims of the sex-related locker-room incident seemed unsure Friday after the 16-year-old defendant was found guilty by a 3rd District Juvenile Court judge.

"We were all messing around," one boy told the judge.

"It was a mistake," said another boy. "He didn't realize the severity of his actions."

"I don't think it should be taken as far as it has," the third victim said.

The boys and others cried as the defendant was led away in handcuffs to await sentencing on March 27. He could be placed in a juvenile detention facility until he turns 21.

Following a trial that included testimony from the victims and a handful of other football players, Judge Dane Nolan found the defendant guilty of first-degree felony counts of forcible sexual abuse and attempted forcible sodomy, and one count of lewdness, a class A misdemeanor.

Nolan determined the defendant touched his genitals to the forehead of one boy, attempted to put his genitals in the mouth of another boy and placed his bare buttocks on the arm of a third boy.

The defendant testified Friday that he placed his testicles on one boy's forehead, saying it "seemed funny" at the time. But he denied anything to do with the other two victims.

Despite defense attorney Russell Pietryga's arguments to the contrary, the judge found the acts were done to gratify sexual desire and to sexually dominate the victims. The incidents occurred following football games or practice sessions in August and September 2007.

Charges were based on detailed statements to police by the victims. But on the witness stand, only one victim held to his original story, saying two team members held him down while the defendant placed his testicles on his forehead.

The victim said he was humiliated in front of the whole team, and that fellow students still make fun of him.

Two other victims downplayed what happened to them. One boy, who told police the defendant tried to place his testicles into his mouth, testified he was unsure what was going on. Another boy claimed he lied to police when he claimed the defendant sat on his head in the shower room, saying Friday the defendant's buttocks touched only his elbow.

Explaining their reluctance to testify, prosecutor Narda Beas-Nordell claimed the most important thing to teenagers are "their reputations, being accepted, getting along - peers are everything."

Two players who held down victims for the defendant pleaded guilty in December to misdemeanors and testified against the defendant Friday. Unimpressed with their testimony, the judge said they "minimized," had "convenient memory lapses" and tried to "cover up" for the defendant.

The defendant is scheduled for trial March 7 for allegedly asking two boys whom he was baby-sitting to perform sex acts on him at his Salt Lake City home last spring.

The boys, ages 8 and 11, refused to participate in the sex acts, according to court documents, which also allege the defendant held a gun to the boys' heads and told them to clean the house.

shunt@sltrib.com

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