LOGAN, Utah — When former Utah State University linebacker Torrey Green was sent to prison in March, he had been convicted of sexually assaulting six women, while a seventh alleged victim awaited an independent trial.
Green was arrested in 2016 and charged in the kidnapping, rape and sexual assault of several women from 2013-2015 while he was attending USU.
He made his first court appearance in the latest trial process on Tuesday in Logan, where Judge Brian Cannell set a hearing for oral arguments on the prosecution’s motion to use some testimony from the first trial in the upcoming trial as allowed by 2012 caselaw.
Cannell previously ruled that the testimony of the six victims in the first case were notably similar and met all of the elements required under the “doctrine of chances,” which allowed Walsh to use each of the women’s testimonies in a single trial rather than six separate trials.
However, he ruled that the seventh case was lacking in similarity and should be tried separately, without the inclusion of evidence from the first six cases.
According to Walsh, there is new caselaw that offers clarity on the subject of similarity and would allow for the admission of testimony from two of the previous victims in the upcoming trial.
Defense attorney Mike McGinnis will have the opportunity to respond to the motion prior to Aug. 21, when they will debate the matter.
Green is currently housed in Kane County and has been given permission to make his appearance by video on that date.
Green's previous trial had been moved to Brigham City after his defense successfully argued it would be difficult for him to get a fair trial in Logan based on the publicity the case had received.
According to Walsh, pretrial matters in the upcoming case will be discussed in Logan, but if it goes to trial, it will also be tried in Brigham City.