Cache County prosecutors are looking for the court to reconsider a recent bindover on lesser charges in a sexual assault case involving a Smithfield woman and a teenage male.
Kyli Jenae Labrum, 30, appeared in 1st District Court on Oct. 19 for a preliminary hearing to determine probable cause for 11 counts — 10 counts of first-degree rape and one count of second-degree forcible sexual abuse. During the hearing, however, the court found a lack of probable cause for the bulk of the charges, and prosecutors amended the first-degree felonies to third-degree counts of unlawful sexual conduct with a 16- or 17-year-old.
In a motion filed with the court last week, prosecutors argued evidence was presented at the preliminary hearing “which could convince a jury of (Labrum’s) guilt under multiple theories.”
“Based on the evidence presented at preliminary hearing, taken in the light most favorable to the State and having all reasonable inferences drawn in the prosecution’s favor, (Labrum) should be bound over on the 10 counts of first degree felony rape, along with the second degree felony for forcible sex abuse,” prosecutors wrote.
During the preliminary hearing, Judge Angela Fonnesbeck met with attorneys in chambers to discuss a “position of special trust” allegedly held by Labrum and how that related to consent in the case. Fonnesbeck found Labrum had a “close friendship” to parties in the case, but was not in a position of special trust.
Prosecutors argued in the motion, however, a jury could still determine Labrum held a position of trust over the alleged victim, but also age differences and enticements also precluded the teenager’s ability to consent, according to state law. Labrum “enticed and coerced” the alleged victim into engaging in sexual activity and “such enticements exploited the naive sexual awakenings of a teenage boy,” prosecutors wrote.
During a court appearance on Monday, defense attorney Greg Skordas told the court he needed additional time to respond to the motion. Skordas also addressed a request for additional evidence in the case that he had not yet received.
Fonnesbeck continued the case until Dec. 6 to allow for Skordas’ written response to the motion as well as oral arguments, if needed.