DETROIT (CBS Detroit/AP) – A probable cause hearing is set for Thursday morning for Detroit Tigers minor league pitcher Evan Reed on a sexual assault charge.

Reed, 28, is accused of sexually assaulting a 45-year-old woman at the Motor City Casino hotel in Detroit on March 30, the day before Opening Day. He’s charged with third-degree criminal sexual conduct. A not guilty plea was entered for him last month during an arraignment.

“We are not going to waive our right to a preliminary exam,” Dave Gorcyca, Reed’s attorney, told WWJ’s Charlie Langton. “Actually, we’re relishing the opportunity to cross-examine this, I can’t even call her a victim, this person who has brought these bogus charges against my client.”

Gorcyca said he’s requested a meeting with one of the prosecuting attorneys to “call off this madness” before he cross examines the woman.

“It’s not our intent to destroy two lives but we have a lot of explosive information that we have come to learn, and we’re going to use it,” he said. “We want the Wayne County Prosecutor’s Office to reassess their charging decision and we’re giving them one last opportunity.”

Wayne County Prosecutor Kym Worthy said Reed had sex with the woman, who was incapacitated after drinking and unable to give consent. Reed has called the allegations “absurd.”

The woman alleges that she met Reed at a Royal Oak bar, where she consumed several drinks and danced before she began to “feel odd.” The next morning, the woman told police, she woke up in a Motor City Casino hotel room where Reed sexually assaulted her. When the woman got up to take a shower, Reed allegedly assaulted her again.

Worthy said Reed is charged under the theory that he is alleged to have committed an act of penetration through force or coercion.

“He is also charged under the theory that he committed an act of penetration when he had reason to know that the victim was physically helpless, or mentally incapacitated, or mentally incapable of consenting,” Worthy said.

Reed’s attorney, Ben Goneck, said the sex between his client and the alleged victim was consensual.

“There are numerous witnesses that saw her kissing him,”  he said. “In fact, the police department has a text message from one of his fellow teammates indicating about some act that she was doing while in the bar with him.”

Goneck said a hotel surveillance tape shows the victim “appeared to be fine” that morning, walking right by two police officers on her way out of the hotel room.

The woman allegedly didn’t realize Reed was associated with the Tigers until after the incident, which was reported to police on April 2.

Reed appeared in 27 games for the Tigers this season before being assigned to the Triple-A Toledo Mud Hens. He faces up to 15 years in prison if convicted as charged.

“He’s nervous to an extent but at the same time, the truth is on our side and it’s eventually going to come out,” Gorcyca said, of Reed. “He was sent down to the minors, I think largely because of this, although he’s been pitching phenomenally lately. I hope they’ll bring him back up soon but I don’t think they’ll do so with this hanging over his head. It’s had a devastating impact on him personally and his family and it’s been embarrassing, but I think the public is going to see it for what it is — and it is bogus allegations.”

TM and © Copyright 2014 CBS Radio Inc. and its relevant subsidiaries. CBS RADIO and EYE Logo TM and Copyright 2014 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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