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A major pre-trial motion by the defense attorneys for an Atchison man charged with three counts of rape was denied Monday in Atchison County Court.
A motion was made by the attorneys of Michael Grippin for the alleged 12 year old rape victim to have a mental health evaluation on two conditions.
The co-counsel for John Ambrosio said the girl qualified for the evaluation from her preliminary hearing testimony in which she indicated the allegations, according to the defense, are without proof of physical evidence and the defense has doubt of her credibility.
County Attorney Gerald Kuckleman said the alleged victim has no signs of mental issues and compares this case to the Kansas Supreme Court Case of State versus Sellers.
However, Judge Martin Asher did grant a motion to allow child care case records of the alleged victim to the court, then to defense after a camera inspected court review.
Grippin pled not guilty to all counts late last year and prosecution will present their case in a jury trial on March 13th.
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