The defense attorney for the former Ben-Gal cheerleader and Dixie Heights High School teacher sought to dismiss the case during a court hearing on Monday.
Sarah Jones has been charged with engaging in sexual activities with one of her former students. At the time the alleged victim was 17 years old.
At the center of the case are text messages that police and prosecutors say were sent between Jones and the boy. In the documents filed Friday, there is one sentence that reads, "Even the text messages themselves are wrought with Sarah Jones's commands to the victim to deny everything."
"Sara Farmer (a prosecutor) revealed a single text message of two words, referring to ‘deny everything'. It was not one of the steamy text messages that is available and could have been used," said Leland Hulbert, special prosecutor in the case.
The prosecution calling some of the other text messages ‘steamy' irritated Jones' attorney, Eric Deters.
"I am shocked to hear him, in open court, arguing against the contempt, use the word ‘steamy.' So, in open court he violates the sealed rule. For a lawyer, in open court, to say that is incredible. Especially when there's a motion pending that relates to that very issue of ‘deny everything,'" said Deters.
"We do thousands of cases a year and I've never seen one where we didn't present evidence, so we're not seeking it through back channels, we're telling the judge what we think the evidence will be," said Hulbert.
Afterwards, Hulbert took a stab a Deters for having the Jones' on the talk show he hosts, RealTalk 1160.
"We're not used to prosecutions where defense attorneys have their own radio show. We won't be sending out motions, we won't be going on radio shows, we won't be going on Good Morning America. You will hear our arguments about the evidence in court," he said.
Judge Patricia Summe is taking all the motions under consideration. Deters has also filed a motion asking that charges be dismissed against Jones' mother, Cheryl Jones, who is charged with tampering with evidence.
Tuesday, April 20 2010 11:21 PM EDT2010-04-21 03:21:00 GMT
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