(WJBK) - The Mateen Cleaves sexual assault case will not be going to trial, a judge decided Monday.\
Judge M. Cathy Dowd dismissed all charges against Cleaves, saying she was unable to find probable cause to bind the case over to trial.
The Wayne County Prosecutor's Office will appeal the decision.
Cleaves, 39, is accused of sexually assaulting a woman at a motel in the Flint area last year.
He appeared in court Monday in Flint's 67th District Court on Monday for his preliminary exam.
The former Michigan State basketball star allegedly met the woman at a charity golf outing in September 2015. The woman says she invited him to a bar for drinks and then the two went to a Flint area motel.
Cleaves was charged with two counts of third-degree criminal sexual conduct, second-degree criminal sexual conduct, assault with intent to commit criminal sexual penetration, and unlawful imprisonment.
During Monday's hearing, the Mundy Township supervisor was dismissed from the audience because on of the witnesses -- an officer who responded to the alleged assault -- has filed a lawsuit against the township.
The judge agreed with the prosecution and asked him to leave the courtroom for the testimony portion of the trial.
Cleaves' defense team also motioned to have the case dismissed, but the judge had said she needed to finish hearing all the evidence before making a decision.