One of the six US students set to be tried connection with the death of Fanore teenager Phoebe Prince is seeking to have the charges dropped.
Lawyers for 19 Austin Renaud have filed a motion in the courts to have his case dismissed and the matter will be heard next week.
15 year old Phoebe Prince took her own life in January 2010 following what was described as a relentless campaign of bullying against her at South Hadley High School where her family had moved to from North Clare.
In filing two motions before Hampshire Superior Court in recent days lawyers for Austin Renaud claimed that the prosecutors did not provide "admissible" and "credible" evidence that their client sexually assaulted 15 year old phoebe prince.
The motion stated that the prosecutors didn’t define the time, date or place of the alleged incident.
In the second motion Renaud’s Lawyer Terrance Dunphy also said there was "credible evidence" of his client’s remorse at the 15 year old’s death but that this was not presented to the grand jury.
He added that the motions which will be heard next Tuesday were being filed in an effort to negotiate a settlement and were delayed because of the change of District Attorney.
Renaud is one of six teenagers awaiting trial relating to the death of the North Clare Teenager on charges including stalking, violation of civil rights and statutory rape.
