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Lawyer: Naval Academy case to move forward
http://hamptonroads.com/2014/02/lawyer-naval-academy-case-move-forwardLawyer: Naval Academy case to move forward
By Jessica Gresko
The Associated Press
© February 26, 2014
WASHINGTON
A lawyer representing a former Naval Academy football player accused of sexual assault says the case against his client is going forward after a military judge rejected a request to dismiss it for lack of evidence.
The judge overseeing the case, Col. Daniel Daugherty, has not yet issued a written ruling. But lawyer Jason Ehrenberg said the judge told lawyers involved in the case what he planned to do during a telephone conference call Monday.
Ehrenberg and other lawyers for 21-year-old Joshua Tate of Nashville, Tenn., had argued that prosecutors don't have the evidence to prove the central theory of their case: that the woman Tate is accused of sexually assaulting was too drunk to consent to sexual activity. The lawyers also argued that political pressure influenced the head of the Naval Academy to move forward with the case and that it should, therefore, be dropped.
The judge decided to allow the case to go forward, however, Ehrenberg said Tuesday. Tate is scheduled to face a court-martial, the military's equivalent of a trial, in March.
