Possible incriminating statements are being allowed at the upcoming trial of a former NIU police officer charged with sexually assaulting an NIU student on October 28, 2011.
In court Thursday, Judge William Brady rejected a motion by defense attorneys for former-NIU Police Officer Andrew Rifkin to suppress the statements.
In arguing to have the statements thrown out, defense attorneys claimed NIU police officers coerced Rifkin into making the statements by implying he could get his job back.
Rifkin's attorneys argued that most the video of the police interview leading up to their client signing a written statement cannot be heard because the audio was not recorded.
Prosecutors argued no promises were made to Rifkin.
Judge Brady read statements from the investigation transcript.
But in denying the motion, Judge Brady said there are other factors to consider.
The judge noted that Rifkin came to the interview voluntarily and was never in custody, and that it appeared Rifkin read the written statement before he signed it.
The defense has another motion pending to throw out the charges against Rifkin over problems with the investigation.
Those include a claim of missing text messages and another judge’s ruling that the NIU police withheld evidence.
That judge’s ruling led to the firing of then-NIU Police Chief Donald Grady.
The alleged victim, who was an NIU freshman in 2011, said Rifkin assaulted her during what had started as a consensual sexual encounter at his apartment.
The DeKalb County State's Attorney's Office charged Rifkin, but dropped the case in 2012 when an evidence violation came to light.
However, when current DeKalb County State's Attorney Richard Schmack was elected in November 2012, Schmack decided to re-file the charges against Rifkin.
A ruling on the defenses motion may come at hearing in early August.
A date for the trial hasn’t been set yet.