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Filed earlier this week in Kirkland (Wash.) Municipal Court, the motion asks for the dismissal because Solo’s attorney, Todd Maybrown, hasn’t been able to depose the two alleged victims.
Last month, Judge Michael Lambo ordered Solo’s 17-year-old nephew and her mother to be questioned by the defense in the case that stemmed from an alleged incident at a family gathering in June.
“In fact, it now appears that these witnesses will never cooperate or appear for depositions,” the court filing said.
The filing alleged that Solo was the actual victim in the incident and sustained a concussion after being “repeatedly” hit over the head with a broomstick that eventually broke in two.
Prosecutors maintain that Solo told her nephew he was “too fat and overweight and crazy to ever be an athlete” and, eventually, she punched him and attacked his mother when she tried to intervene.
Solo, who has pleaded not guilty the the charges, has continued to play for the U.S. team.