In July, Martin MacNeill was found guilty of sexually abusing his adult daughter.
He was scheduled to be sentenced up to 15 years in prison, but that didn't happen because the prosecution in this case has asked for more time to deal with the defense's latest motion.
MacNeill's attorney, Randy Spencer, has filed a motion to dismiss the case.
He claims he wasn't able to properly cross-examine the victim, Alexis Somers, or he says "impeach her with her own words," because police accidentally lost her recorded interview from 2007.
Even before the trial, Spencer tried to get the case tossed out because of this lack of evidence, but the judge denied that motion.
This time Spencer says he has even a stronger case for dismissal, because he says there's now another police report which has a different version of the alleged events reported by Somers.
“When you have a charge like this one which is a he said, she said -type of a case a recorded interview with the victim is one of the most critical pieces of evidence that you can have. And this new police report that wasn't disclosed until trial I believe would make a difference in the judge's consideration of our motion to dismiss that was previously filed,” said Spencer.
Another date has been set for September 15.
As far as MacNeill's murder case, Spencer has filed a similar motion asking for the murder and obstruction of justice charges be dismissed and MacNeill be granted a new trial.
In this motion he argues the prosecution did not disclose that a deal was in the works with one of the inmates who testified against MacNeill.
The judge in that case could come down with a ruling as early as this week.
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