WASHINGTON (AP) - A military judge overseeing the case of a former U.S. Naval Academy football player accused of sexual assault told prosecutors he wants them to explain how they plan to prove their accusations, an indication the case 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 from another former player that the woman was "fully functional" around the time of the alleged assault.
The judge asked prosecutors to tell to him how they plan to prove their theory of the case against Joshua Tate of Nashville, Tenn.
Prosecutors will respond in writing by the week's end.