The attorney for former University of Georgia Bulldogs star linebacker Adam Anderson filed a July 26 motion to have a rape charge against his client dismissed due to a lack of DNA evidence.
But the Western Circuit District Attorney’s Office responded by filing a notice that Anderson’s motion had no legal basis.
“This is the second motion Anderson has filed without a valid legal basis,” the motion reads. Earlier this year, Superior Court Judge Eric Norris denied a defense motion to dismiss the charge on the grounds that 153 days had passed without the rape case going to a grand jury.
After:Details on UGA CO-DC Glenn Schumann’s contract extension which includes two more raises
And:Here’s what UGA is paying athletic director Josh Brooks after a total compensation hike
Atlanta attorney Steve Sadow said he learned on July 25 that prosecutors had known for months that a rape test performed on the victim found no male DNA, according to the motion filed with the clerk of the court. Athens-Clarke County.
Anderson is accused of raping a 21-year-old woman on October 29, 2021 in Athens. He has been out of jail on bail since November 17. The rape indictment was returned by a Clarke County grand jury on April 26.
According to the petition, the test for the rape kit known as SANE was carried out approximately 16 hours after the alleged rape. Georgia Bureau of Investigation Crime Lab test results were reported to authorities on December 14, 2021.
Contacted about the motion to dismiss, Sadow said he only had one comment.
“I just don’t understand why prosecutors didn’t brief the court, the grand jury and the defense when they had this ‘DNA-free’ information at the end of 2021,” he said.
According to Sadow’s motion, the absence of DNA on the test is exculpatory and creates a reasonable doubt that a rape took place.
However, Deputy Chief District Attorney Samuel d’Entremont responded that the state never withheld any relevant evidence from the grand jury and that the state did not know what information Sadow relied on. to make such a claim.
As to Sadow’s assertion that the court was not made aware of this fact, the state replied that “there was no relevant opportunity to do so.”
Determining the sufficiency of evidence is “a job for a citizens’ jury, which has all the facts before it,” the motion says.
As for failing to inform the defense of the DNA evidence, d’Entremon said Anderson did not plead not guilty until July 6 and the state then initiated the discovery process, which is ongoing.
Anderson, of Rome, Georgia, was once considered a high draft pick in the NFL Spring Draft.