S25 Ep15: The Truth Will Always Prevail

Oxford Montessori School is now Oxford Millwood School. A new name, the same genuine care, academic ambition and belief in every child. Set within a beautiful rural campus, just 20 minutes from Oxford City Centre. Our small classes, personalised pathways and strong send expertise give pupils the support, challenge and confidence they need to succeed, especially those who may not have thrived in larger settings. Find out more at our Open Day on May the 21st. Search Oxford Millwood School Open Day. Something was wrong is intended for mature audiences and discusses topics that may be upsetting. Please consume with care. This season discusses sexual, physical and psychological violence. For a full content warning, sources and resources, please visit the episode notes. Opinions shared by the guests of the show are their own and do not necessarily represent the views of Broken Cycle Media. The podcast and any linked materials should not be misconstrued as a substitution for legal or medical advice. The university's responses to our outreach for comment are included within our reporting this chapter. Thank you so much for listening. Previously, on Something Was Wrong. I was put in contact with Detective Smith. In our first conversations, I felt really good about her. I thought that she was going to be a really good asset for me. Detective Smith gave me kind of an overview of what happened in their interview and he basically said that him and I never had sex. That was a huge piece of information because later the DNA would show differently. We got about a year into the investigation. My mom had kind of had it and so she called the police captain. The captain asked my mom my name, goes into his files and is looking and he said, okay, so is she wanting to open an investigation on this? He was on speakerphone. My mom and my mouth just dropped. The sergeant called me and let me know that a new detective would be put on my case. The next step in the process is to send my case forward to screening. I thought it probably got denied and the new detective just didn't know how to tell me and she's like, oh no, it went through and I was beyond shocked. Here's Marissa. Detective Smith was still reaching out to me here and there. I obviously had hard feelings. There was a lot of confusion. I didn't really understand why she hadn't put anything in my case file but at this point I was still kind of thinking maybe she's just really not good at her job and there was just a misunderstanding but I was still not really responding to her when she would reach out to me. When I had had a conversation with my prosecutor, I said, well, if we do go to trial, can my old detective come and speak to what she remembers of the interview and will that give merit to the statement that he gave? The prosecutor said that it would under normal circumstances but that she was no longer part of the police force and I said, I thought she just left the special victims unit to a different unit and he said no, she's resigned from the police force and she's actually left the country. She's living in Croatia now. I was obviously super caught off guard by this so he was explaining that if she were to come back into the country, which he said that they could ask her to, she would be speaking as a civilian. She wouldn't be speaking as law enforcement and law enforcement does have extra merit in the court of law and because she wasn't part of law enforcement anymore, it wouldn't really have the same effect and when I figured this out, I was really confused. This is when I started really coming to the realization of, oh, something weird might be happening here. I hadn't really talked to her in a long time. I hadn't really been responding but curiosity got the best of me and I wanted to know what information she would divulge and I really just wanted answers. I wanted to understand better what was going on in her mind and why she wouldn't have put this information in my case file. I texted her and I said, my prosecutor told me that she spoke with you. I hope you're doing well and she said, hi, Marissa. It's so nice to hear from you. I hope you are doing well. I am in Utah for a little while. We will have to catch up. Let me know what works best for you and maybe we can get together before I leave. I said, I heard you moved and I need an update on how life is going. I'm free next week sometime. What's your schedule like? And she explained her schedule. Detective Smith had reached out to me shortly after that and she asked me if I wanted to go to lunch. We agreed to go to lunch. She said that she would check in with the DA and make sure that everything was okay on that front for us to go to lunch. And then she said, I'm hoping he doesn't mind us meeting in person. We had decided the day that we were going to get lunch and my mom started to have a really bad feeling. I had a little bit of a bad feeling but I was more curious and so I didn't really want to listen to that feeling. She ended up calling the new detective and the new detective absolutely lost it. She freaked out at my mom and just said, no, that's so inappropriate that could completely dismantle Marissa's case. I don't know why Detective Smith would even offer that. She's worked in this department. She understands that like this would be very bad if this were to happen. That added to my feelings of uneasiness about Detective Smith. It just feels very inappropriate. I don't know if it was an emotional attachment that she had to me or if she felt like I was maybe a daughter figure to her. After the phone call that my mom had with the new detective, the new detective actually texted me and she said, hi Marissa, I know your mom was going to reach out to you regarding cancelling your lunch today with the old detective. I wanted to reach out as well. She no longer works for this police department and is now only involved in your case in a civilian capacity. It is not appropriate for the two of you to meet to discuss this case. Even if this was not your intent, it is how the interaction would be perceived. And I just want to quickly say, none of this was my intent. It was Detective Smith's intent to meet with me. I also felt like this was a deflection, putting the blame on me that like I had set this up. She said, your mom mentioned you felt like you had to meet with the old detective so she would cooperate with the case. However, know that the district attorney can compel her to cooperate if necessary. Moving forward, please know it is only appropriate to meet with anyone involved in the investigation in a professional setting, such as the DA's office and with the DA in charge of the case present. This is simply to protect the integrity of your case and avoid any notion of collusion. I hope this makes sense. I just want your case to move forward as easily as possible. The DA is going to reach out to the old detective and let her know not to contact you again. Thank you. This was the most that the new detective ever said over text. Like she would hardly have any conversation with me over text. I think she felt really compelled to send that. I do believe that she really felt the negligence of Detective Smith because she was the one picking up the pieces. When my case made it past screening, that's when they felt like they have enough evidence that they could make an arrest. Originally, he was facing two felony counts of rape and forcible sodomy, knowing that he was going to be forced to take accountability for what he did. That was very validating for me. I think that a big part of me healed that day. Initially, the arrest warrant that went out was a no bail warrant, but somehow that got changed to a bail warrant. There were a lot of months where we were just kind of trying to track him down. That's another thing that's not really like the movies. They don't always just go to their house and present the warrant to them. I remember we started trying to figure out where he was and finally his lawyer got back to us and had let us know that he was in a rehab facility in a different state. This was super upsetting to me because he was in the rehab facility for several months and so my case could not move forward until he was out of rehab. This is all strong stuff to present to the judge that he has gone to rehab, sees the error of his ways, sees that he had an issue. We waited months and months for him to be done with that. Finally, when he was done with rehab, he was arrested. He made bail shortly after and that's when we started the process of deciding whether we were going to go to trial or whether we were going to do a plea deal. My prosecutor prepared me that the first plea deal that they would present would be something ridiculous. I can't remember exactly what it was, but it was like three misdemeanors. There would have been no jail time, no registry, and then we just negotiate that. We had gone back and forth a few times and this is over the course of months and months. His biggest thing was that he didn't want to be on the sex offender registry. I thought it would be reasonable for him to be on the registry for what he did to me. As long as he's on the registry, he has to be in some form accountable to what he's doing and his actions. What my prosecutor said is we can either get more jail time or we can get the sex offender registry. I decided that I would rather have the registry because again, my purpose in all of this was to make sure that he didn't do it again. If the world were like a sleep number mattress, everything would adapt for your comfort. Because as your life changes and your body changes, sleep number mattresses adapt and shift to give you personalized comfort night after night. And now everything's on sale during our Memorial Day event. Save up to $1,200 on mattresses for a limited time. To experience a whole new world of comfort, visit a sleep number store or go to sleepnumber.com. Sleep number to a good life sleep. With the American Express Platinum card, I can unlock experiences like no other. Since I'm always booking my next trip, I love that I can earn points on travel. 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She was the one that put me in contact with my lawyers for my civil case. I told them my whole experience and they talked about how they were doing a couple other Title IX cases and how they thought that I had a really strong case and they wanted to move forward and take me on as a client. That's when we started the process. I was warned that it would take a long time. Civil cases can take years. Speaking with my lawyers, I expressed my worry. My biggest issue with everything that happened to me is that there are parents who send their kids out of state to these colleges and these are the procedures put in place to protect them. I had so much support, but most people don't have the support that I did. I really wanted to make a change in that aspect and my lawyer really explained to me that the only way that real change is going to be made is if they have to pay for it because that's really all that universities care about. I learned that along the way and I learned just how important money is. As I met with them, I had a couple of news interviews and at one of those news interviews, there was another girl who had had an experience with her Title IX office at Utah State. The experience was completely different but it still had the same base of they didn't do anything that they were supposed to do. They completely brush off victims, especially I think with their student athletes. They're a huge moneymaker at universities and I think that that takes precedent over everything else. Utah Valley student is suing her own university and the University of Utah claiming that both of these schools refused to help her after she reported being raped by a football player. The Utah Valley student's lawsuit claims her own school didn't help her when she reported she was raped in 2019 because her alleged assailant was a student at the University of Utah, the second university that she says failed to act. In response to the lawsuit, UVU issued a written statement that says in part we disagree with the claims in the lawsuit, but to respect the privacy of those involved and follow federal law, we will not be discussing the specifics of this case. Why does it seem that athletes receive special protections? It is a trend and I along with several others are sick of it. There is no special entitlement for student athletes to get away with sexual violence. They should be held not just to the same standards but arguably to higher standards because they're representing the school in the public space. When my case went as public as it did, I faced a lot of backlash and I was prepared by my lawyers. They had told me not to read comments. That was pretty hard for me, just the things that were being said from complete strangers. This person said, as another girl dad, we have prepped our girl as best we can. Thankfully, she's not much of a party girl. I was sober, even if I wasn't, it wouldn't matter to insinuate that this issue was any one else's problem besides the perpetrator is so disgusting to me. There were so many messages that I got, especially from fans of the University of Utah football team telling me that I was ruining their season and why would I lie. Because I am a member of the LDS church, a lot of people will talk about that. I felt guilty about having sex and so I lied and said that I was raped and that couldn't be further from the truth. I think there's just a lot of harmful narratives that are spun about victims. I never responded to any of those and I think that's why I feel such a big push to be vocal now is because I wasn't allowed to set anything straight at that time. There were just so many narratives spinning that were so false and so harmful that I have just felt the need to correct that. I wonder if you think football wasn't a factor. Do you think you would have been publicly received differently? I do. I feel like I wouldn't have been publicly received at all. I think the reason that it was so publicized on the news and stuff was because he was a college athlete. I also think that because people care so much about college sports and the most important thing in their life is that their team wins. I think that it causes a lot of people, particularly men, to say a lot of negative things about women and about victims of sexual assault. I had a lot of comments saying that I was doing this for attention and I was doing this to get my name out there and I just think that's so interesting because there is no winning when you report a sexual assault case. You can have small victories and you can have accountability taken, but especially when you have a case like mine that was so publicized, there was no winning for me. My name was drug through the mud and I weighed out my options and the most important thing to me was that he'd take accountability and that the community around us was safe and so I sacrificed my reputation for that little bit in order to do that. What do you recall about the impact on Marissa during the time that she was going through not only the Title IX process but also the criminal justice process? It was draining. Here's Jane. It was years of her emotional well-being, just being ravaged and every time I would see her, it was nothing's changed. Still where we were at months ago. She was having a hard time obviously due to the situation. It definitely took up a lot of her emotional energy and mental energy. The mental space that she was in was not something I had seen from her before. She fought really hard to get justice for herself and I mean it took years and years. When did you hear from the private investigator? Do you feel like it was after he had been arrested? I believe so, yeah. I can't recall exactly when but it was long enough after that I was surprised that I was being contacted by a private investigator. What was your understanding of who the private investigator was and what the purpose of him contacting you was? As far as I understood because I talked to Marissa and asked if this was a private investigator that was helping with her side of the case. There was someone that was working for SL and fighting against Marissa's case. I got multiple calls and voicemails and text messages from an individual who was persistent on trying to talk to me and Olivia and Sarah. Did you end up speaking with them? No, I didn't. Here's Marissa again. Eventually we settled that he would be on the registry for 10 years and that he would do less jail time. The jail time that we agreed to was 30 days. This is something that's negotiated between his lawyers and my prosecutor. When you get in front of the judge, the judge can't decide what she wants to do. She's the one that makes the final ruling. Then we had what's called a sentencing hearing. I go, he goes, I was able to give a victim impact statement as well as people who saw what I went through. They were able to write statements and then people also on his side were allowed to write statements. There was a statement written for him by somebody that I knew. I know that this person knew that he was not a safe person because she had had experiences with him. That was really hard for me to see him defended in that way. I looked through the pre-sentencing report. In there, I had talked about how he had done numerous forms of drugs. He had gotten an impaired driving charge. During the sentencing hearing, my perpetrator was sitting 10 feet away from me. His whole support system was there with him too. So his family and his friends, they were on the left side and my family was on the right side. And then there was a podium in the middle. So I was able to give my impact statement at the podium. It was a scary feeling, but it was also very empowering and healing for me to be able to indirectly speak to him and to tell the judge why this was so important to me. It was obviously hard to get through my statement. My victim advocate, who I had become really close with, came up with me and I was able to stand there and say my peace to him. It was really hard after pressing charges. There was so much judgment that I faced. There were so many things said about me publicly and so many things said by his support behind the scenes. That was really, really hurtful for me. And so to be able to express that to the judge was very healing. All right, we are on the record. I have reviewed the sentencing, both the pre-sentence report and the sentencing memorandum that you submitted. I've also reviewed the statement from his roots and all the state source submitted support. Here is how I would like to handle sentencing. I'm first going to ask if there are any corrections or any corrections, any errors that she needs to make with respect to the pre-sentence report. I will then ask for any argument the state would like to make, understanding this was a rule 11 plea, and then give Ms. Isaacson a chance to have the final wording for you to speak if you wish to do so. And of course, if Ms. Root wishes to speak, she is certainly entitled to do so. Thank you for allowing me to share my experience with the court. Since the defendant took a plea deal, I feel it is important to let the court know he knew what he did. He knew I said no, and yet he's still right to. It is important that the court hear these facts because Seone did plead to a lower offense. Although I agree to this plea because I want closure, it does not change the fact that he is guilty of rape. This plea is not because this case suggests anything less than rape, but because this plea deal means I get to close this chapter. Rumors have been spread that I had consensual sex but regretted it, so I claimed rape. Rumors that Seone didn't rape me at all, but that we just engaged in consensual activities other than sex and out of nowhere I claimed rape. This is untrue, as his DNA was found inside my vagina. Those close to Seone created and perpetuated these rumors. I did everything in my power to let the court handle this case. I have been respectful and honest. I spent many nights crying myself to sleep hearing the untrue things being said about me, knowing the evidence in this case were very strong, but still I suffered privately. To tell the court more about Seone Lund through my experience, I would like to share my only other personal interaction with him prior to him raping me. Seone was intoxicated at his cousin's wedding dinner. I was asked to drive him home. After dropping him off at his home, he proceeded to call me multiple times during the night, all of which I didn't see until morning because I was asleep. When I saw him at the wedding the next day, he stated that he never went inside his house when I dropped him off. Instead, the cops found him wandering the streets in a stupor later that night and decided they would just drop him off at home instead of arresting him because in Seone's words to me, he is Seone Lund and he has a bright future. This statement has lived in my head for years because after he raped me and did not listen to no, I knew based on his words he felt he could get away with anything just as he had in the past. So I want to make it clear. If I had consensual sex, I would not run through a house and run down a street without my shoes on. I would not have cried when I heard tests on the phone. I would not have participated in a grueling rape kit that took hours of reliving the trauma emotionally and physically over and over again. I think it is important to know that the side effects of a rape kit last for weeks, even months, due to medications given to prevent STDs and pregnancy. Not to mention the emotional damage done reliving such an event over and over as you tell medical staff as well as police. If I had consensual sex, I would not have said no repeatedly. I did everything to indicate I was not consenting. I did everything in my power to get to safety as fast as possible. Finally, if I had consensual sex, I would not be standing here today, three and a half years later still holding strong to the truth that Sione Lund did rape me. Before this crime took place, I was on a good path in school. I was making good decisions and figuring out what life looked like for me. I was outgoing, social, driven, and overall a healthy woman physically, mentally, and emotionally. After Sione raped me, I went into a deep depression. I had to decrease the amount of classes I was taking in college, most of which I did poorly in, even failed some. I struggled with my faith. I struggled to know who I was. I started doubting my ability to trust others and make decisions for myself. I numb to my hurt feelings in unhealthy ways. I turned to outside sources to keep me safe because I didn't believe I could keep myself safe anymore. I slowly disassociated from everything. My family and friends would be the first people to tell you that that day changed me and I was unrecognizable. It is hard for me to remember what was happening in my life at that time. I have had to deal with extreme social anxiety and I am now very introverted. I did not trust anyone, not even myself at times. I have lost many friends, including my best friend and her family, who I loved dearly. They are closely related to Sione and his family. Although she has told me she believes me, she has understandably had to distance herself because of the intensity of this case. I have been diagnosed with PTSD, depression and anxiety, all of which were not a part of my life prior to Sione raping me. This has also been very hard on my family. They are extremely humble and private. This threw them into neighborhood gossip. They have continually respected the court and the criminal justice process by not thinking about this case with anyone. They did not perpetuate rumors. Although this has been unimaginable for my family and friends, they have stood by my side through every negative thing that has been said about me, supporting me through many sleepless nights and anxiety attacks. I still struggle with nightmares of Sione raping me. I look for humanist family spaces before I enter every building and every room. I never want another woman to have to experience this kind of trauma at the hands of Sione again. Sione lung raping me has changed my life and given me a challenge I never asked for, but I fought to heal and I fought to get my life back. I am still in college. I am almost done with my degree. I went to therapy and I will continue to do so. Although I can say I am healing and my future is bright, it has taken three and a half years of my life to get here and I still have a long way to go. I've struggled to understand how Sione could do this to me when I considered him a friend. I've tried to help him. I've even defended him on occasion. I want Sione to know that I forgive him. I believe in redemption and I believe people can change. I hope he makes different choices from this going on. I am now a mother. I will do everything in my power to protect my daughter and I know that I will raise her to be a strong woman who listens to her instincts. Most of all, I will teach her that no matter how intimidated or scared she feels, no matter what rumors or judgment she faces, the truth will always prevail because laying in my bed on the most anxious of nights, that is what a little voice told me over and over for the last three and a half years. One in three women are sexually assaulted. Only 10% of reported rapes that went through a rape kit end in charges. This means that only 10 out of 100 women will go through this grueling process and have some sort of result from it. These are only those who went through the trauma of a rape kit. There are certainly more many more women suffering in silence now more than ever. I want to be a voice to the voiceless. Your honorable judge, Johnson, I just want to be very clear that I consented this plea deal because I want this chapter closed after three and a half years. I just want to move forward. As I said, I forgive Sione Lund. However, that does not mean he doesn't have to take accountability for this crime as changed me forever. It is important to me that he spends time in jail to give him time away in the hope that he will think about what he did to me and what he took from me. I do not want his life to be ruined, but I do want him to learn. Learn that no means no. That women are more than just bodies to rape, that we as women deserve respect and that he is not pretty to take our bodies just because he desires it. Although his sentence is just a temporary consequence to his actions, I have to live the rest of my life as a survivor of rape. This will forever affect my life in ways that are out of my control. I will overcome these challenges, but being a survivor of rape is a lie sentence and that cannot be erased. Thank you for listening to my voice. Mr. Gonzalez. Thank you, Your Honor. Your Honor, I'd like to begin by just acknowledging Marissa Root for being here today and for the courage and bravery it takes to stand before the court and talk about these incredibly difficult and sensitive matters. It takes a lot of courage to come forward, to report sexual assault, to report rape. She's a survivor, the survivor of sexual assault, and I commend her for speaking the truth today and just telling the court how this has impacted her. As the court is aware, the plea agreement here, this Rule 11 agreement, we're asking the court to follow that agreement. As Marissa stated, this plea agreement is a reflection of many months of negotiations with defense counsel and consultation. The state believes that the resolution reflects an appropriate compromise between accountability and punishment, as well as a balancing that against the inherent risks of the jury trial. We'd ask the court to follow the explicit terms of the agreement, including the 30 days of jail, 36 months APNP probation with the Group B sites offender conditions that the accompanying plea to this offense, a continuous protective order, for misfruits that the courts already received. I want to note, Your Honor, in developing this agreement, two of the biggest interests for the state and for misgroup were that the defendant be required to register on the sex offender registry and that he serves in jail time. This agreement accomplishes both of those objectives. Let me ask you a question, Ms. Turgensales, it's really just sort of a procedural question about the sex offender registry. That's automatic. I mean, that's not correct. I don't think the court has to impose anything, but I think it was just in the agreement that way it's crystal clear that it's a it's an automatic a requirement with the plea. Correct. Ultimately, as the court's aware, Ms. Root is supportive of the resolution because it can provide her with the closure, healing and finality that she wants to see happen. We believe it's a fair and just outcome and we request that the court impose a sentence. And Mr. Gensales, one additional question, and I know that he worked extensively with Ms. Root and I appreciate that. I'm sure she understands. And I don't think that, as you said, the state is asking that I follow the rule 11, the rule 11 plea. And I'm sure that you've made it clear that if I were to dislike not to follow that and, for example, go along with the recommendation from the pre-sentence report that Mr. Lund would have the opportunity to lift. Correct. And one thing I'll add, Your Honor, and I think defense is not objecting. We are seeking a restitution for UOBC as well. It was in the PSR, I believe it's $1,457.43. Thank you. Ms. Isis. We are, you can see from the pre-sentence report that Mr. Lund completely accepts responsibility in this case. He does not attempt to minimize in any way. And of course, nothing that we say here today is going to change what actually happened on the night of this incident. He does recognize the impact that this has had on this Root. I was able to share her written statement with him this morning. He's had a chance to read that, and of course, he heard what she had to say here today. When there's a sex offense presented to APMP, they do go through and they try to evaluate for the defendant whether or not they take responsibility and kind of what their attitudes are towards the offense. And I've cited in the sentencing memo that they note that he did take full responsibility. He was also able to recognize and correct attitudes and thoughts that support sexual offending. And that he also has a good understanding of sexual offense, risk factors, and risk management strategies and uses effective risk management strategies on a consistent basis. Basically, the probation department was trying to evaluate, is he amenable to treatment? Is he someone who understands how an offense like this happens? And is he prepared to take steps to make sure that something like this doesn't happen then? What we do see since the charge was filed is two years of compliance while he was on pretrial supervision. There certainly is some connection in this case to substance abuse. I think that was certainly a factor, part of what was happening here. It's no excuse, but it's at least some context as to how it happened. Mr. Lund and his gambling did take significant steps to get him into treatment, into inpatient substance abuse treatment, into placing into sober living. There were letters and some data about how he's been doing the intensity about treatment. And that was part of the whole analysis as we were trying to come up with a proposal that would be fair and reasonable for both sides. We were trying to figure out how to achieve kind of a resolution that would address a number of different issues. Mr. Lund is very fortunate, although he had a very difficult younger childhood. He has many people who support him, his adoptive family who's here now. And they are here basically just to show that they support him in him accepting responsibility, in him getting treatment, him being successful on probation. They are here to support that not in any other any sort of negative way. That's only to support that he take responsibility, that he be successful, and that that will influence his success on probation. There are many people of course who appear before you who don't have that kind of support and he recognizes how lucky he is. Now this this conviction will trigger a 10 year registration after he completes probation. So he will have likely 13 years of registration on the sex offense registry. He will have a felony conviction. He will be on supervised probation. He will have group B conditions. These themselves of course are significant consequences and he accepts those as consequences of his behavior. So we're asking you to follow the proposed rule 11 agreement. Thank you. Ms. Isaacson, Mr. Lund, I have reviewed of course all the statements in your support. You are entitled to speak at sentencing. We're not required to, but if there is anything you would like to say then I'm happy to hear it. Your Honor, I want to sorry by apologizing to MR. I know that it is an understatement to say this has been very difficult for her. There's no excuse for my ear and I accept full accountability for my actions. I understand that there's nothing I can promise. I can understand that there's nothing I could say or do to change what happened that night, but I can promise that I have taken the steps to change my life and ensure it never happens again. Since this has happened, I've been working hard in treatment and therapy. It's given me my life back and I've learned a lot about myself, seen to grow up there and continuously work on personal development. I have now been sober for two years and 27 days and it has been the most positive time of my life. I am grateful to have come this far and for the opportunity to get treatment. I'm fortunate to have parents and family who support me through this process. I'm fortunate for a girlfriend who has helped me grow as a young man and potentially become a good husband and father. I understand that not everyone has that. Their continuous support has encouraged me to accept accountability for my actions and one day help to utilize the letters. Thank you sir. All right, counsel anything for those who either want to be before I'm post-senate? No, I'm here. Okay, let me just say a few things. First of all, I am going to follow the rule 11 agreement and I just want to note at the outset I think that that miss Isaacson did a good job in her sentencing in their sentencing memorandums setting forth the reasons for the rule 11 agreement specifically. Mr. Lund's extensive treatment history since this offense, evidentiary issues and then of course the state consultation with this route. I think the rule 11 exists for a reason. I have a lot of respect for the attorneys in this case and I know that they worked very hard to get to this resolution and I appreciate it and I am going to follow it. I also frankly think that deviating from him which as I suggested before would give would give Mr. Lund an opportunity to withdraw his plea is really not in the interest of justice. I don't think that that would serve anyone's interest in this case so I am going to follow the recommendation. I do want to say a couple of other things however frankly Mr. Lund the pre-sentence report is and I know that they were recommending a bit more jail time. It's a pretty positive pre-sentence report. You've been sober for as you indicated you've been sober for an extensive period of time which I think is very positive. You take responsibility which is not always the case when I read these pre-sentence reports and I was encouraged to note that you didn't use alcohol as an excuse. You indicated that you were the one who chose to drink that night and that was your choice and you bear the consequences and I think that that speaks well on your behalf and I also miss Miss Liefixen went through this but I also note that you recognize or it appears that you recognize the risk factors for sexual offenses one of course in your situation being alcohol and of course there's there's no significant criminal history here so I think that it's an appropriate sentence. I do want to say before I actually impose the sentence I do want to say though I was extremely troubled in reading Miss Ruth's statement that she's now made in court today that there was there were suggestions by Mr. Lund's family and friends that Miss Ruth engaged in consensual sex and then repredited and Mr. Lund I'm not holding that against you because I don't think she suggested you made those statements but to the extent that any such statement was made publicly I find that incredibly troubling. This was not consensual sex. I did the preliminary hearing we now have a plea agreement let me be crystal clear there was not consent. I want to make sure that everyone understands that going forward please do not read the sentences any sort of license to engage in any statement about what you believe may have happened. I want to make sure that everyone understands that I consider any any statements along those lines to be a revictimization and it's not appropriate and it will not be tolerated. Mr. Lund on the sole count of attempted forcible sexual abuse third-degree felony house and GDZ road of flight years in Utah State prison suspended now sentence placed you on probation supervised the APMP for 36 months I'm sorry 48 months it's 40 months period with a possible early termination at 24 months you will serve an initial jail commitment of 30 days with credit for one day served you will complete and I know you've already done this in large part but you will complete a substance abuse evaluation and comply with any recommended treatment what that means is you will essentially provide what you've already done to your APMP coordinator and make sure that that complies with what they need from you you will obtain a mental health evaluation and if any recommended treatment you will abide by AT&P group B sex offender conditions you are not to use possessive consumed alcohol or illegal drugs or frequent any place where alcohol is the primary either server soul primarily bars in the stores places of that nature you are not to commit any new offenses nothing more significant and when are traffic violations parking tickets this is it and is the rest its fusion stipulated it is have you talked to him about a payment schedule we haven't I'm if you could just set him up on minimum payments and he'll make more payments if he can okay so I am ordering restitution they amount of $1457.43 you'll have the full term to get that paid off by minimum $50 a month the hundred dollars a month let's start with 50 okay so let's go ahead and do that there is of course that jail sentence so why don't we delay that just a little bit and let me do July 1st actually that's a weekend let's do let's see June 30th let work yes so your first payment of $50 will be due on June 30th you'll pay those online through the court website the minimum will be $50 but obviously if you can make larger payments that will be paid off sooner so you are going to need to check in with APMP in person to get started actually you'll initiate by phone and then they will direct you to check in in person miss Isaacson can make sure if you have the phone number to get that done the the 30 days I do think we should just go ahead and do that forthwith understood all right any questions that's your land no questions your honor good luck you sir thank you your honor thank you oh miss Isaacson the criminal protective order in objection to that all right so mr. land I am imposing a continuous criminal protective order Marissa root is the protected party all right under the terms of the order you are not to threaten to commit or to commit acts of violence or abuse against her you are not just contact telephone harasser of any communication with her that includes communication via text or social media it also includes having third parties reach out to her you are to stay away from her resident school place in front of the premises and you are not to purchase either possess a firearm that will be the case under your your felony plea in any event thanks everyone counsel thank you thank you good after statements were given the judge made her ruling and she agreed with what we had agreed to that he would go to jail for 30 days that he would be on probation for four years and that he would be on the registry for 10 how it works is you don't start the registry until you're off of probation so it's almost like he's being looked over for 14 years and that was just really important to me because I didn't care as much about him going to prison or him going to jail for longer I cared about the community as a whole and the women here in Utah because I know that he has an erratic pattern I felt really relieved and grateful that my case ended the way it did especially with the mishandling of the police I think that looking back obviously there are things that I would have pushed harder for maybe but at the time I felt really confident in the deal that we had I felt really confident in the part that I played in keeping the women around me safe and I knew that if he did do this again that it would be so much easier for the woman in front of me and that was my whole purpose and I feel like I fulfilled that purpose I am at peace with that decision after that it went public I think a lot of people had a lot to say about the 30 days so many people were really upset I think that it's really discouraging to see still negative things being said me not being believed me ruining someone's career the ways that I affected the future of a football team that was obviously really hard for me there were so many things that I lost throughout this process and people were really putting it on me of you did a b and c but the reality is he did a b and c and I did what I could with what happened the sentencing hearing you attended to support her can you tell us what you remember about that day I remember feeling really proud of Marissa here's Jane again it had been such a long time to get to that point and she was very nervous and scared to be in the same room as him to see him to have to address the situation but I remember in the midst of all that just like being proud of her because she had worked so hard to get there to get justice on her behalf and behalf of other potential victims I remember her being nervous but I was impressed by how level-headed and present and brave she was what was the feeling like inside the courtroom that day it was heavy there was a lot of people there supporting Marissa but there were also a good amount of people there supporting SL I remember being surprised by the fact that there were so many people there for him you know that there was some backlash towards Marissa which felt really unfair there were people saying really rude things essentially calling her a liar but obviously in our circle and surrounding Marissa we were just happy and supportive that he had been sentenced and she had chosen to go public with things and she was being brave and did a really good job afterwards she seemed lighter and probably proud of herself for doing a hard thing there was satisfaction in knowing that he would now have to pay for what he did to her and knowing that in some sense there was justice do you feel like SL being involved with athletics potentially made it harder for Marissa to come forward absolutely I think that's kind of a typical thing in athletics it's awful but I mean it's pretty well known that they protect their athletes in whatever way possible and that's absolutely what the U did and it was a huge injustice towards Marissa when Marissa's case became public and hit the media what was that like for you as her friend I just wanted to support her through it here's Marissa's friend Sarah she tends to be more soft-spoken and so I know that all of our friends were very supportive of her taking the steps to report it so when it did become public we all tried to be super supportive and stand by her just being there that night and hearing what I had heard and knowing what I had known it felt very important to support her and stand by her when it all became public when you learned about the plea deal and him serving 30 days in jail what were your thoughts in response to that I remember her sharing it with us and us all being very happy for her because of all the years that have gone into this there have been very frustrating times I think it's kind of a roller coaster it's taken a very long time there were a lot of times where we didn't think it would go any further or that the court system wasn't taking it seriously as we know a lot of essay cases either don't make it to the courts or don't get taken seriously especially with athletes sometimes they are excused for their behavior so I think it was a really cool moment that finally a woman was believed and heard I will say that we were like 30 days what but after everything we've been through and not knowing if that would even happen it was also like okay that's better than nothing next time on something was wrong the three entities that we decided to sue were the University of Utah Utah Valley University and the board of higher education when I was deposed I was nervous because I felt like they were going to try to use my words against me throughout the civil process there were text messages that came up so all this information came to light he was continually breaking the rules and they just let it slide and it worries me for their campus it worries me for other women around there the following is University of Utah's reply to our request for comment quote Utah Valley University student Marissa Root reported being sexually assaulted by a University of Utah football player at an off-campus party in 2019 after Root made an initial report to the University of Utah's office of equal opportunity staff repeatedly reached out to her to try to ascertain the name of the perpetrator when the University of Utah learned the alleged perpetrator was football player Seon Lund he was suspended and removed from the team Lund pled guilty and was sentenced in 2023 this is a tragic case with far-reaching implications for everyone involved we hope Marissa and the people who love and support her find opportunities for healing from this traumatic experience the University remains committed to engaging in work to prevent violence from happening in the first place and fostering a trauma-informed community where students feel safe supported and heard as Judge David Barlow noted in his March 3rd 2025 ruling quote the University had no involvement or control over the party at the football player's parents private residence additionally reliance on the 2019 players policy manuals general instruction that football players should treat women with respect both on and off campus does not mean that the University has control over the context of virtually every off campus location in which one or more of its athletes attend a private party because this record does not supply the required nexus between the University and the off-campus party at a private residence the University cannot be liable under title nine end quote Utah Valley University responded to our request for comment with the following statement quote Tiffany in compliance with privacy laws and institutional policy the University does not comment publicly on individual cases handled through the title nine process as those proceedings are confidential to protect the privacy and rights of all parties involved the safety and well-being of our campus community remain our highest priorities end quote thank you so much to each and every survivor and guest for sharing their experiences with us and thank you for listening something was wrong is a broken cycle media production created and executively produced by Tiffany Reese thank you endlessly to our team associate producer Amy B. Chesler social media marketing manager Lauren Barkman graphic artist Sarah Stewart and audio engineers Becca High and Stephen Wack Marissa and Travis at WME audio boom and our legal and security partners thank you so much to the incredibly talented abbiomi Lewis for this season's gorgeous cover of glad rags original song you thank you from their album wonder under thank you to music producer Janice JP Pacheco for their work on this cover recorded at the grill studios in emoryville california find all artists socials linked in the episode notes to support and hear more if you'd like to share your story with us please head to something was wrong calm if you would like to help support the show you can subscribe and listen ad free on apple podcasts purchase a sticker from our sticker shop at broken cycle media dot com share the podcast with a loved one or leave us a review want to stay up to date with us follow us on instagram and tick tock at something was wrong podcast as always thank you so much for listening until next time stay safe friends