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Naval Academy Sexual Assault Case Continues

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Midshipmen Tra'ves Bush, Eric Graham and Josh Tate may face a court-martial on charges that they sexually assaulted a female midshipman.
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Midshipmen Tra'ves Bush, Eric Graham and Josh Tate may face a court-martial on charges that they sexually assaulted a female midshipman.

An attorney for a U.S. Naval Academy midshipman in a sexual assault case says a defense lawyer made what she considered to be an odd request.

Susan Burke, attorney for the plantiff, says the defense attorney asked if her client would withdraw from further testimony due to fatigue.

Burke made the comments in open court Sunday at a hearing to determine whether three accused midshipmen will face a court-martial for allegedly sexually assaulting the woman at a party in 2012.

Burke says she interpreted the request as evidence that defense attorneys are trying to exhaust her client on the stand.

Defense attorney Ronald Herrington confirmed that he approached Burke Friday. But he says he simply asked whether the woman would testify further and disputes Burke's version.

The woman began testifying Tuesday. During weekend's first hearing session she indicated was exausted, and the court agreed she wouldn't have to testify that day. She returned to the stand Sunday.

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