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Pickett filed a motion to dismiss the case against Petrey, citing a lack of cooperation from the victim.“The victim has moved out of state and has expressed that she has no intentions of cooperating with the prosecution of this case,” Pickett wrote in her motion dated Feb. “The state, at this time, does not have the resources to compel her appearance in court.“Without the testimony of the complaining witness, the state is unable to proceed.”The dismissal motion was granted Monday by Tuscaloosa County Circuit Court Judge John England.
Petrey’s defense attorney, Joel Sogol, said it is unlikely the case will be refiled against his client, who now lives in Pensacola, Florida, according to state court records."When this case started, she and her family would not cooperate with the police," Sogol said, noting that search warrants were needed to force the teenage girl to surrender her cellphone and computer.
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The criminal sex case against former Brookwood High School teacher Joe Bradley Petrey was dismissed Monday afternoon.
Petrey, 29, was arrested in August 2015 on a charge of engaging in a sex act with a student younger than 19.
But last week, the Tuscaloosa County Deputy District Attorney Kandice E.
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