Nokutendaishe Joel, one of two men accused of sexually assaulting a woman on Wayne State College's campus last semester is requesting a judge to dismiss his charge.
Joel appeared in Wayne District Court on Sept. 4. He had earlier pleaded not guilty to a charge of first degree sexual assault. He was arrested on May 21 and is free after posting 10% of $100,000 bail.
Nate Stratton, Joel's attorney, filed a plea in abatement on Aug. 6, challenging a Wayne County judge's ruling that there was enough evidence for Joel's case to be bound over to District Court. A plea of abatement is essentially a request for a dismissal.
District Judge Mark Johnson will review evidence provided by Stratton to consider whether sufficient evidence exists for Joel's case to proceed to trial.
Stratton has until Sept. 18 to submit a brief in support of the defense's plea in abatement. After that time, Wayne County Attorney Amy Miller has two weeks to submit a reply brief.
