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Judge denies motion USNA sexual assault case

Wednesday - 10/30/2013, 7:18pm  ET

Associated Press

ANNAPOLIS, Md. (AP) -- A federal judge has denied a request by a U.S. Naval Academy midshipman accused of sexual assault to recuse the academy's superintendent from the case.

Defendant Josh Tate's attorney Jason Ehrenberg said Wednesday he still hopes to prevail in arguing later that undue command influence has prompted the case to move forward to a court-martial amid a heightened focus on sexual assault in the military.

Ehrenberg filed a motion to intervene in a federal case brought by the alleged victim, whose attorneys also sought the recusal of the superintendent.

U.S. District Judge Ellen Hollander dismissed the case, saying she could not find grounds to intervene. She issued an order last week saying Tate's motion to intervene was denied as moot, now that the case has been dismissed.

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