Prosecutors told to explain Annapolis sex assault case

[unhappycamper]

http://hamptonroads.com/2014/02/prosecutors-told-explain-annapolis-sex-assault-case

Prosecutors told to explain Annapolis sex assault case
By JESSICA GRESKO
The Associated Press
© February 12, 2014

WASHINGTON

A military judge overseeing the case of a former U.S. Naval Academy football player accused of sexual assault told prosecutors Tuesday he wants them to explain how they plan to prove their case, an indication it may not hold up.

Prosecutors have planned to show during a trial that the woman at the center of the case was too drunk to consent to sexual activity. But during a pre-trial hearing Tuesday, the judge heard testimony that the woman was "fully functional" around the time of the alleged assault.

The judge, Col. Daniel Daugherty, asked prosecutors to tell to him how they plan to prove their theory of the case against Joshua Tate of Nashville, Tenn., who has been charged with aggravated sexual assault and lying to investigators. Prosecutors will respond in writing by the end of the week. Daugherty suggested he would then rule at some point next week on a motion by Tate's lawyers that he dismiss the case for lack of evidence.

The judge has been holding a series of hearings in Tate's case ahead of a planned March court-martial, the military's equivalent of a trial.