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Saturday, May 18, 2013 | 2:24 p.m.

Posted: 12:03 p.m. Friday, Dec. 14, 2012

Judge sets trial date for Steubenville teen rape case

By Natalie Herbick and  NEWS9

JEFFERSON COUNTY, Ohio —

The trial of two Steubenville High School athletes charged with raping a teenage girl has been scheduled for February.

Judge Thomas Lipps set the date during a pretrial hearing Friday morning. The trial is set for Feb. 13-15 and all parties agreed to that date.

One of the suspects' defense attorneys, Walter Madison, filed a motion to sever the trial, meaning he wants the teen suspects tried separately.

Madison noted comments made on social media that in part were made by his client's co-defendant, that he said have nothing to do with his client, but could potentially be used against him.

"It's a matter of fairness and I think that each child should be judged on their own merit. These things have potential for consequences beyond age of maturity and my client is in a position where he deserves to be evaluated on his conduct or lack thereof," said Madison.

Defense attorney Adam Nemann said he is not opposed to the teens being tried together and said he just looking to move this case through quickly.

"Obviously the freedoms that come along with being out of the juvenile detention facility have been very advantageous to him, but he still is not able to go to school. He still is not able to have extracurricular activities or communication with friends or associates or anyone aside from his family. So in some way it is still a form of incarceration until this is resolved," said Nemann.

The state is opposed to a sever of trials, and the judge did not rule on that motion.

The teens remain out of jail under several restrictions, including electronic monitoring and attending an alternative school, and they are to have no contact with the accuser, witnesses or anyone who may testify in February.

Stay with NEWS9, WTOV9.com and WTOV9 Mobile for continuing coverage.

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