Judge to lawyers: explain your case

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Posted: Feb 11, 2014 7:51 PM by Michael Marsh
Updated: Feb 11, 2014 7:51 PM
Source: Associated Press

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Topics: sexual assault, U.S. Naval Academy, Joshua Tate, football player, prosecutors, judge, case

WASHINGTON- There's an indication a sexual assault case may not hold up against a former U.S. Naval Academy football player.

The military judge overseeing the case told prosecutors to explain how they plan to prove the accusation.

The charge is against Joshua Tate of Nashville, Tennessee.

Prosecutors say they had planned to show that the woman at the center of the case was too drunk to consent to any sexual activity.

During pre-trial testimony on Tuesday, another former football player said the woman was "fully functional" around the time the assault is said to have happened.

Then the judge asked prosecutors to tell him in writing how they planned to prove the theory of their case and they have until the end of the week.

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