COVINGTON, KY (FOX19) - A motion to dismiss in the case involving a former Ben-Gal cheerleader and teacher has been denied.
Sarah Jones is accused of having sex with a student while she was a teacher at Dixie Heights High School. Her mother, Cheryl Jones, is charged with tampering with evidence.
Their attorney, Eric Deters, filed a motion to dismiss in both cases last month. He says in Sarah Jones' case, prosecutors have no proof of sexual abuse based upon grand jury testimony, and in Cheryl Jones' case, the facts that prosecutors have presented are not true. He claims the Detective lied during grand jury testimony, and if Cheryl Jones is acquitted, she could file a civil suit against the detective and the City of Edgewood.
Judge Patricia Summe listened to arguments to dismiss the case on July 30 and made the ruling to deny the motion on Tuesday, stating that the indictment shows the elements of each offense.
Deters said he has some 'aces in the hole' that he will use during trial.
"One of the aces involves something that the police did and they don't realize, they don't even know what they did, they don't even know it's a problem. It's a big problem. Another ace is the testimony of the alleged victim and Sarah, which they have no idea what that's gonna be," he said.
Prosecutors say they have more than 9,000 text messages between Jones and the alleged victim.
"With all due respect to the prosecution, they just jump from A to Z and they just assume things from the grand jury testimony that when they all testify, because Sarah's gonna testify, this case is gonna get dismissed," said Deters.
"The fact that the victim is probably going to testify in favor of Sarah is huge. And I don't know how the prosecution gets around that. I think the jury is going to be swayed by that," said FOX19 legal analyst Mike Allen.
Judge Summe also denied a motion for a gag order.
Deters has also appealed Sarah Jones' bail to the Court of Appeals, saying it is wrong she has been home incarcerated while awaiting trial. He cited other local cases involving female teachers accused of having sexual relationships with male students, saying their conditions of release were not as harsh.