A defense attorney for a dance teacher accused of sexually abusing a 14-year-old girl says his client was way too busy to have done so on the day in question.
Charles Luna, a dance teacher at Sahuaro High School, was indicted last month on one count of sexual conduct with a minor and one count of sexual abuse of a minor.
It's alleged Luna assaulted the girl at the music hall at the Tucson Convention Center on June 2, 2012.
Luna's attorney, Jacob Amaru, complains in court documents that grand jurors weren't told that Luna's students were performing at the recital that day.
"He was, by all accounts, extremely busy that day and moreover there were literally dozens of people running around backstage," Amaru said. "There would have been no time or opportunity for this encounter to have even occurred."
Amaru also says a detective provided "blatantly false and misleading" evidence when he told grand jurors Luna and the girl texted each other about the sexual encounter.
The defense attorney says grand jurors should have been told that Luna didn't respond to several texts sent by the girl and when he did respond, he said the girl's texts were inappropriate and made no sense.
Lastly, Amaru is upset grand jurors were told two 16-year-old girls have reported being kissed by Luna. He points out that Luna has never been charged in connection with those allegations.
"They sought to smear his character in a highly prejudicial fashion by alleging inappropriate and unproven behavior with other teenagers," Amaru wrote.
Amaru believes grand jurors may not indict his client if the case is taken back to a grand jury and presented the way he would like it to be presented.
The state hasn't responded to Amaru's motion yet.
Luna is scheduled to be in court Feb. 7.