MCMINNVILLE, Ore. (AP) - The defense in a contentious battle over sexual harassment charges against middle school students has accused prosecutors of withholding evidence.
     
A motion says that until its existence was disclosed last week, the district attorney's office failed to give the defense a February police report in which a female Patton Middle School student disputes an officer's account of the behavior of two boys.
     
The two are are accused of swatting the bottoms and poking or grabbing the breasts of classmates, as well as engaging in "party boy" dancing inspired by the movie "Jackass."
     
Prosecutors have a legal obligation to produce evidence that might help the accused. The boys' lawyers argue that failure to do is cause for throwing out the charges.
     
Judge John Collins was to continue hearing arguments Tuesday after denying the motion of defense lawyers to dismiss the remaining charges against Cory Mashburn and Ryan Cornelison, both 13.
     
A trial, if held, would begin Monday.
     
Last week, Collins dismissed misdemeanor sex abuse charges, which means the two no longer face the prospect of lifetime registration as sex offenders.
     
Defense lawyers hoped to have the misdemeanor harassment charges dismissed Monday.
     
But Collins ruled that there was no evidence the district attorney's office set out to be vindictive and that prosecutors applied a "reasonable set of standards" when deciding what charges to file.
     
"It's very frustrating, very intense to me" said Tracie Mashburn, mother of Cory. "It's not over. It's not done yet. There's still a hope and a chance."
     
Defense lawyers Mark Lawrence and Rachel Negra said they were not aware of the February report until Deputy District Attorney Debra Markham mentioned it in passing during testimony last week.
     
They said they got the report over the weekend. The Oregonian newspaper reported that it involves a Patton student and her mother disputing a police officer's account of an intervline iew with the girl concerning suggestive dancing.

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