MONROE - The case of a Monroe man accused of sexually assaulting a woman last May will go to trial, a Green County judge ruled Friday.
Jaron David Neuenschwan-der Luebke Jr., 24, appeared in court for a preliminary hearing on a Class G felony count of third-degree sexual assault.
Luebke was charged in Decem-ber after an investigation into an incident in Monroe in May.
During the hearing, Monroe Police Detective Dan Skatrud testified the woman reported the incident May 5, two days after she said it had occurred.
Luebke was a passenger in the woman's vehicle as she was driving around Monroe, Skatrud said. Late on May 3, she pulled over and moved into the backseat of the vehicle with Luebke.
She said Luebke then removed her pants and his own pants before engaging in sexual intercourse, Skatrud said. She told police that she said "no" multiple times during the incident.
Afterward, the victim dropped Luebke off elsewhere in Monroe.
The following day, Skatrud said, the woman sought a sexual assault examination.
Skatrud said Luebke admitted to having sexual contact with the woman, but insisted it was consensual.
Luebke's attorney, Jason Sanders, cross-examined Skatrud, asking if there was any physical evidence that the assault was non-consensual. Skatrud said the woman had some light bruising but little other physical evidence.
Skatrud, at Sanders' prompting, also recalled the testimony of a friend of the woman, who said the woman was upset with Luebke for a relationship he had with another woman at the time of the incident.
Skatrud also noted that, when questioned, Luebke "swore on his dead daughter's grave it was consensual."
Sanders said Skatrud's testimony did not merit probable cause to bind the case over for trial, as Sanders claimed the testimony revealed minimal physical evidence and a motive for the victim to have lied.
"If this goes to trial, I have to ask what does 'probable' mean?" Sanders said.
However, Judge James Beer countered by saying that a preliminary hearing "is not a forum for trying out different defenses." Based on previous legal decisions regarding the definition of "probable cause," Beer found the threshold to have been met and bound the case over for trial.
Luebke's maximum possible sentence is five years in prison.
Jaron David Neuenschwan-der Luebke Jr., 24, appeared in court for a preliminary hearing on a Class G felony count of third-degree sexual assault.
Luebke was charged in Decem-ber after an investigation into an incident in Monroe in May.
During the hearing, Monroe Police Detective Dan Skatrud testified the woman reported the incident May 5, two days after she said it had occurred.
Luebke was a passenger in the woman's vehicle as she was driving around Monroe, Skatrud said. Late on May 3, she pulled over and moved into the backseat of the vehicle with Luebke.
She said Luebke then removed her pants and his own pants before engaging in sexual intercourse, Skatrud said. She told police that she said "no" multiple times during the incident.
Afterward, the victim dropped Luebke off elsewhere in Monroe.
The following day, Skatrud said, the woman sought a sexual assault examination.
Skatrud said Luebke admitted to having sexual contact with the woman, but insisted it was consensual.
Luebke's attorney, Jason Sanders, cross-examined Skatrud, asking if there was any physical evidence that the assault was non-consensual. Skatrud said the woman had some light bruising but little other physical evidence.
Skatrud, at Sanders' prompting, also recalled the testimony of a friend of the woman, who said the woman was upset with Luebke for a relationship he had with another woman at the time of the incident.
Skatrud also noted that, when questioned, Luebke "swore on his dead daughter's grave it was consensual."
Sanders said Skatrud's testimony did not merit probable cause to bind the case over for trial, as Sanders claimed the testimony revealed minimal physical evidence and a motive for the victim to have lied.
"If this goes to trial, I have to ask what does 'probable' mean?" Sanders said.
However, Judge James Beer countered by saying that a preliminary hearing "is not a forum for trying out different defenses." Based on previous legal decisions regarding the definition of "probable cause," Beer found the threshold to have been met and bound the case over for trial.
Luebke's maximum possible sentence is five years in prison.