RAPID CITY, S.D. (AP) — A federal judge in Rapid City has rejected a motion to dismiss a sexual assault case after the defense argued federal agents failed to collect a recording that could have been helpful to the defendant's case.

Judge Jeffrey Viken ruled this week the FBI's failure to collect a cell phone audio recording of the 17-year-old girl after the alleged rape did not violate Tolin Gregg's due process since he had similar evidence he could use at trial.

The Rapid City Journal says the audio was recorded by Gregg just after the alleged assault in December 2016. Gregg says the girl never talked about being assaulted in the recording. Gregg claims he had consensual sex with the girl.

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Information from: Rapid City Journal, http://www.rapidcityjournal.com

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