Borys v. Ballard: Motion to Release Crime Lab DNA Report

Borys v. Ballard: Motion to Release Utah State Crime Lab DNA Report

Overview

This document is a motion filed by plaintiffs Celeste Borys and Michael Borys in the Third Judicial District Court, Salt Lake County, Utah.

The motion requests a court order requiring the Utah State Crime Lab to release a DNA report related to evidence submitted in connection with allegations against Tim Ballard.

Core Request

FACT (Page 1)

  • Plaintiffs seek:
    • an order compelling release of a DNA report
  • The report concerns:
    • semen identified on an article of clothing belonging to Celeste Borys

Plaintiff Allegations

ALLEGATION (Pages 2–3)

The filing asserts that:

  • Celeste Borys was:
    • employed as an executive assistant to Tim Ballard
    • involved as a “Couples Ruse” partner during operations
  • Plaintiffs allege:
    • Ballard used the “Couples Ruse” to sexually assault Borys beginning in November 2022
    • an incident occurred in Lindon, Utah, during which Ballard allegedly:
      • ejaculated onto Borys’ clothing
  • The filing also references:
    • another individual identified as “JJ”
    • allegations of additional sexual relationships involving Ballard

Forensic Evidence Claim

ALLEGATION (Page 3)

  • Plaintiffs state:
    • the clothing was submitted to law enforcement
    • the Utah State Crime Lab:
      • identified a sperm sample
      • and allegedly matched the DNA to Tim Ballard
  • Plaintiffs assert:
    • a detective confirmed the DNA match to them

Law Enforcement Status

FACT (Pages 3–4)

  • The document states:
    • the matter was reported to the Utah County Sheriff’s Office (UCSO)
    • the clothing was submitted as evidence
    • the case is part of an ongoing criminal investigation
  • Law enforcement:
    • has declined to release the DNA report at this time

Supporting Exhibits

FACT

The motion includes multiple exhibits:

  • Exhibit A: Text message screenshots referencing communications between parties
  • Exhibit B: Lindon Police Department report documenting a sexual assault complaint
  • Exhibits C–E: Text communications with law enforcement regarding DNA results and access
  • Exhibit F: GRAMA-related materials

Legal Arguments

FACT (Pages 4–7)

Plaintiffs argue:

  1. The DNA report is:
    • relevant to the merits of the case
    • necessary to evaluate claims and defenses
  2. The report should be released under:
    • equitable doctrines (including “clean hands”)
    • public interest considerations
  3. Plaintiffs contend:
    • the evidence may confirm or contradict Ballard’s denial of sexual contact

Defendant Position (as described in filing)

FACT (Page 3)

  • The motion states that Ballard:
    • denies any sexual assault
    • claims Borys fabricated allegations due to personal feelings

Limitations

FACT

  • This document is:
    • a plaintiff motion, not a court ruling
  • Allegations:
    • have not been adjudicated in this filing
  • The claimed DNA match:
    • is presented by plaintiffs and not independently verified within the document

Conclusion

The filing seeks judicial intervention to compel release of a DNA report allegedly linking Tim Ballard to biological evidence on clothing, which plaintiffs argue is central to claims of sexual assault and relevant to ongoing litigation and investigation.



Resources & Further Reading

Derailed: Operation Underground Railroad (O.U.R.) – American Crime Journal |

O.U.R. Legal Archive – American Crime Journal |

Davis County Criminal Investigation into Tim Ballard & O.U.R. – American Crime Journal |

Lindon Police Department Report: Tim Ballard – American Crime Journal |

Utah County Sheriff’s Office Report: Tim Ballard – American Crime Journal |

The Deposition of Jon Lines – American Crime Journal |

First Amended Complaint: WW, et al. v. Ballard et al. – American Crime Journal |