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.
Ben-Gal cheerleader indicted for having sex with student Judge denies HIGHER bond request for Ben-Gal Fmr. Ben-Gal pleads not guilty to sex abuse charges Judge reduces Ben-Gal's bond Trial date forMore>>
Intense arguments made to dismiss Jones caseMore>>
Wednesday, December 4 2013 12:50 AM EST2013-12-04 05:50:10 GMT
(CNN) - The 2013 top baby names for boys and girls have been released and they show that celebs are out and tradition is in. Pregnancy website babycenter.com compiled the list from the more than 500,000More >>
Does your child have one of the year's most popular names? More >>
Wednesday, December 4 2013 12:42 AM EST2013-12-04 05:42:35 GMT
MADISON COUNTY, KY (WAVE) – A mother is facing charges after she allegedly left her children in a bedroom with drugs and a corpse. According to Richmond police, around 8:30 a.m. on November 30 officersMore >>
According to Richmond police, around 8:30 a.m. on November 30 officers responded to a home in Dixie Plaza on a report a 24-year-old man had overdosed.More >>
Wednesday, December 4 2013 4:13 PM EST2013-12-04 21:13:40 GMT
The 911 calls from the Sandy Hook Elementary School shooting last December will be released Wednesday at 2 p.m. ET. Connecticut State Attorney Stephen Sedensky had fought to keep the calls from being released. SedenskyMore >>
Sandy Hook Elementary teachers and employees described hearing gunfire and seeing the front window shot to pieces while 911 operators told them to take cover.More >>
Wednesday, December 4 2013 4:56 PM EST2013-12-04 21:56:19 GMT
FroIce Storm Warning In Effect beginning Thursday night through Friday afternoon for locations along and northwest of a line from Tyler and Linden Texas, to Lewisville and Prescott Arkansas.More >>
As the much anticipated cold front moves through East Texas late tonight and tomorrow, rain chances will remain through the next few days. Freezing rain is likely to become an issue with temperatures falling into the 40s Thursday afternoon, and then into the 30s overnight Thursday into Friday and throughout the follow few days.More >>