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WASHINGTON (AP) - 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.

Jason Ehrenberg is one of the attorneys representing 21-year-old Joshua Tate of Nashville, Tenn. He said Tuesday that the judge told lawyers on both sides during a conference call a day earlier that the case would continue.

The judge, Col. Daniel Daugherty, hasn't yet publicly released his decision.

The defense 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.

Tate is scheduled for trial in March.


(Copyright 2014 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.)
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