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:
- The DNA report is:
- relevant to the merits of the case
- necessary to evaluate claims and defenses
- The report should be released under:
- equitable doctrines (including “clean hands”)
- public interest considerations
- 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.
