The attorney for former NIU police officer Andrew Rifkin argued that NIU police failed to provide the DeKalb County State’s Attorney’s Office with two key witness statements in Rifkin’s case.

Rifkin, 24, was fired from the NIU Police Department in October 2011 after an initial investigation into allegations of criminal sexual assault against him.

The judge presiding over the hearing, Robbin Stuckert, said this was a clear case of purposefully hiding information from the defense, and statements from the police department were obviously exculpatory, according to a Saturday Daily Chronicle article.

NIU Police Lt. Kartik Ramakrishnan said he mistakenly placed the witness statements in the wrong folder and had not noticed the mistake until called upon by the state’s attorney’s office, according to the Daily Chronicle article.

The missing witness statements, according to a motion filed by the defense, are from two people who claim the actions between Rifkin and the alleged victim were consensual and no assault had taken place. Rifkin’s defense hopes the judge will dismiss the case and an external investigation can take place.

According to the Daily Chronicle, prosecutor Julie Trevarthen argued against dismissing the case outright, but said an investigation by the Illinois State Police could happen if the court so decided.

Stuckert said time would be needed to contemplate a course of action and set Friday for the day of the ruling.