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Dispute Delays Sex Assault Case Against Navy Football Players

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Tra'ves Bush of the Navy Midshipmen attempts to tackle Notre Dame receiver Michael Floyd during a game at Notre Dame Stadium on October 29, 2011.  Bush is one of three midshipmen charged with sexually assaulting a female midshipman.(credit: Jonathan Daniel/Getty Images)

Tra’ves Bush of the Navy Midshipmen attempts to tackle Notre Dame receiver Michael Floyd during a game at Notre Dame Stadium on October 29, 2011. Bush is one of three midshipmen charged with sexually assaulting a female midshipman.(credit: Jonathan Daniel/Getty Images)

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WASHINGTON (CBSDC/AP) — The investigating officer determining whether three U.S. Naval Academy midshipmen should be court-martialed on sexual assault charges is allowing the accuser’s medical records to be considered.

Attorneys for the three former football players said Wednesday that the records should be part of the Article 32 hearing.

Cmdr. Robert Monahan moved forward with the hearing, allowing the records. But he then closed the hearing again to consider the relevance of the female midshipman’s sexual behavior.

The woman’s attorney, Susan Burke, had argued that information in the records date to before the alleged assault last year at an off-campus house in Annapolis, and should not be admissible.

The hearing is scheduled to resume Wednesday afternoon.

Midshipmen Josh Tate, Eric Graham and Tra’ves Bush are charged with sexually assaulting the woman at an off-campus house after she had passed out from a night of drinking.

The first day of the proceedings ended late Tuesday after lawyers spent hours during a closed-door session arguing about what evidence would be admissible.

(TM and Copyright 2013 CBS Radio Inc. and its relevant subsidiaries. CBS RADIO and EYE Logo TM and Copyright 2013 CBS Broadcasting Inc. Used under license. All Rights Reserved. This material may not be published, broadcast, rewritten, or redistributed. The Associated Press contributed to this report.)

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