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PITTSFIELD, Mass. (AP) — An attorney for a Massachusetts man facing a second trial on charges he allegedly raped a 15-year-old girl three years ago wants the case dismissed.

The Berkshire Eagle reports the Pittsfield trial of 42-year-old Christopher Root was scheduled to begin Monday. The case against him ended in a mistrial in July.

Defense attorney Joshua Hochberg submitted motions this week arguing the court erred in its handling of letters introduced into evidence, constituting a double jeopardy issue.

A judge could decide to dismiss the case, canceling the trial. Hochberg says he plans to appeal if the judge rules against the motions, which would delay the trial. A decision is expected in the next couple of days.

Prosecutors say the alleged assaults occurred in 2014.

Hochberg has said the assaults “simply didn’t happen.”


Information from: The Berkshire (Mass.) Eagle,