TOLEDO, OH (WTOL) - The case of a former Toledo Police officer accused of having sex with a 13-year-old girl is now officially going to trial.
The judge rejected a motion from Michael Moore to throw out information gathered on his cell phone. The defense asked that this information be thrown out and not presented to the jury as they said it was accessed illegally.
Moore's attorney raised concerns that information from Moore's cell phone was accessed after it was taken by police, but before a search warrant was served. If that was the case, that information could not be legally used in court.
The judge ruled that there was no way of knowing who accessed the phone after it was taken by police, and there is a chance that Moore himself could have accessed it.
The case is now set to go to trial.
A pretrial has been scheduled for March 14, where it is expected a trial date will be scheduled.