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Ohio high school football player's attorney says judge, state should toss rape case set for trial

An attorney for a high school football player facing rape accusations in Ohio says the court or the state should dismiss the case against him because going forward violates his constitutional rights.

The 16-year-old's attorney writes in a motion obtained by The Associated Press that among other issues, his client would be denied a fair trial because key witnesses weren't compelled to testify.

Attorney Walter Madison contends in Monday's motion that further prosecution of the 16-year-old violates his due process and equal protection rights.

The 16-year-old is one of two high school football players charged with raping a 16-year-old girl. The players go on trial Wednesday in juvenile court in Steubenville in eastern Ohio. Their attorneys have denied the charges.

Attorneys for the 17-year-old have also sought dismissal.

The Associated Press contributed to this report.

Editors’ Note: The Associated Press named the minors charged due to the fact they have been identified in other news coverage and their names were used in open court. FoxNews.com will not name the defendants.

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