An attorney representing Andre "Tank" Montgomery appeared this morning before Hamilton County Criminal Court Judge Don Poole and asked to delay the scheduled hearing.
Montgomery is charged with failure to report child sexual abuse, after older players raped a freshman during the basketball team's trip to Gatlinburg, Tenn., just days before Christmas, to compete in a basketball tournament.
Curtis Bowe, Montgomery's attorney, previously argued the charges should be dropped, as Montgomery had no obligation to report the abuse, calling the statute under which he is charged unconstitutional, vague and deficient.
Lawmakers have failed to address what to do when a case of abuse involves a child abusing another child, and the law also does not offer clarity about when and to whom a report of abuse should be made, Bowe argued during the hearing.
When given a chance to respond, Hamilton County District Attorney Neal Pinkston was quick to point out that Bowe had not notified the Attorney General's Office of his complaint regarding the constitutionality of the statute, which is required by law.
Pinkston filed a response in court yesterday, and Bowe said he needed more time to review the motion.
Poole rescheduled the next hearing for Nov. 22, and told both attorneys to be ready for final arguments at that time.