MONROE - The case of a Monroe man accused of sexual assault in 2014 inched closer to a trial on Friday.
Derek Larosh, 28, was charged with two counts of second-degree sexual assault in August of 2014 after he allegedly sexually assaulted an intoxicated woman after he invited her into his home.
Larosh appeared in Green County Circuit Court by telephone with his attorney, William Ginsberg. Ginsberg had filed a motion to have a psychiatric expert review the victim's psychiatric history to determine whether she could competently testify.
Green County Judge Thomas Vale had already reviewed the records and had found nothing pertinent to the case. Nonetheless, Ginsberg said the victim's behavior was symptomatic of mental health issues.
Assistant District Attorney Jeffrey Kohl countered, saying Ginsberg's assertion was backed by no expertise or scientific basis, merely speculation and hearsay.
Vale agreed and said he saw no evidence that would convince him to reconsider.
Ginsberg also advised that he wanted to bring an expert witness to Larosh's eventual trial: a toxicologist who could explain the reasons for the victim's professed lack of memories of the event. Ginsberg also planned to bring witnesses to confirm if the victim had falsely accused people of rape in the past.
Kohl decried Ginsberg's actions, calling them blatant violations of the Rape Shield Law, which prevents any evidence regarding a rape victim's sexual history from being admitted.
A hearing on whether the expert witness or the false accusation testimonies will be admitted will be held on June 14.
A date for Larosh's trial remains undetermined.
Derek Larosh, 28, was charged with two counts of second-degree sexual assault in August of 2014 after he allegedly sexually assaulted an intoxicated woman after he invited her into his home.
Larosh appeared in Green County Circuit Court by telephone with his attorney, William Ginsberg. Ginsberg had filed a motion to have a psychiatric expert review the victim's psychiatric history to determine whether she could competently testify.
Green County Judge Thomas Vale had already reviewed the records and had found nothing pertinent to the case. Nonetheless, Ginsberg said the victim's behavior was symptomatic of mental health issues.
Assistant District Attorney Jeffrey Kohl countered, saying Ginsberg's assertion was backed by no expertise or scientific basis, merely speculation and hearsay.
Vale agreed and said he saw no evidence that would convince him to reconsider.
Ginsberg also advised that he wanted to bring an expert witness to Larosh's eventual trial: a toxicologist who could explain the reasons for the victim's professed lack of memories of the event. Ginsberg also planned to bring witnesses to confirm if the victim had falsely accused people of rape in the past.
Kohl decried Ginsberg's actions, calling them blatant violations of the Rape Shield Law, which prevents any evidence regarding a rape victim's sexual history from being admitted.
A hearing on whether the expert witness or the false accusation testimonies will be admitted will be held on June 14.
A date for Larosh's trial remains undetermined.