NEW ORLEANS, LA (WVUE) - Three marines and an ROTC member were in court Friday after being accused of raping a Tulane student and her friend.
The judge in the case announced whether there was probable cause to arrest Alexander Davenport, Jared Anderson, Antonio Landrum and Matthew Farrell on rape charges.
The judge ruled that there was no probable cause for third-degree rape against Landrum.
"It tells me that the story that was originally put out there and the stories in the warrant should be questioned," Alexander Davenport's Defense Attorney Craig Mordock said.
According to Public Information Officer for the Orleans Parish District Attorney's Office Ken Daley, Landrum is free of his bond obligations.
In April, a Tulane student and her friend told police they left an uptown bar with Landrum and returned to their apartment, where they said they both had sex with him. One woman said it was not consensual.
Police say Landrum then invited over three friends who the women said raped them.
The judge said that there was probable cause against Davenport and ROTC graduate Farrell with two counts of first degree rape.
"The DA could still decline the case and we hope and think that's probably where this is going," Mordock said.
Mordock says testimony earlier this month sheds new light on the case.
"One of the complaining witnesses in this case went to PJ's with my client and two of the other men charged after the alleged incident had happened," Mordock said.
A detective has already testified in the case that there's no toxicology report or rape kit on either victim.
Farrell's defense attorney believes her client will be exonerated.
"There are wildly inconsistent statements that were given, and that is something we have pointed out since day one. the second is that there's no DNA tying that to this scene," Defense Attorney Kara Larson said.
The NOPD is waiting on DNA evidence collected from 15 condoms inside the apartment.
The DA's office has just over 90 days to decide on whether to officially charge all four men. If district attorneys decide on first degree rape charges, a grand jury would have to indict the suspects.