Torrey Green Trial file

Defense attorney Skye Lazaro puts her arm around Torrey Green as the jury leaves the courtroom for deliberation during Green’s January 2019 rape trial in Brigham City. A second trial for Green has been continued until May.

The jury trial for former Utah State University football player Torrey Green has been continued until May.

On Tuesday, Green appeared in 1st District Court for what was supposed to be the final pretrial conference before his jury trial in February. After meeting with council in the judge’s chambers, Judge Brian Cannell reset the four-day trial to begin on May 5.

Cannell said he was slightly reluctant to continue the trial, though he wanted to ensure Green had the opportunity to formulate a proper defense. A final pretrial conference was scheduled for April 6.

Cannell said he discussed a variety of issues about the upcoming trial with prosecutors and Green’s attorneys. There will be no details or questions about Green’s prior convictions, Cannell said.

This case was one of seven cases originally included in a doctrine of chances motion in 2017, but the court decided it did not “fall into the same general category” as the others. Evidence from each of those six other cases was permitted to be used in all the cases.

“The Court finds that this account of events, being the only one that occurred after multiple meetings, the only one that occurred with other people present, and only one of two where he did not put on a movie is effectively dissimilar to the other accounts,” Judge Brian Cannell wrote in a memorandum decision filed in the 1st District Court. “Accordingly, the Court finds that this matter does not ‘fall into the same general category’ as the other accounts, and such evidence cannot be applied in the other cases for doctrine of chances purposes. To be clear, this finding does not minimize (the alleged victim’s) allegations against the Defendant.”

According to an affidavit of probable cause, the alleged sexual assault took place at Green’s apartment during a party in 2015. It’s alleged Green took the heavily intoxicated victim into a room, locked the door without her realizing it and ultimately had sex with her though she verbally and physically communicated she did not consent.

Green is currently serving multiple consecutive sentences of at least five years in the Utah State Prison.

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