Sherrone Moore's attorney: 'Judge got it right' after new hearing decision

ANN ARBOR, Mich. (FOX 2) - Fired University of Michigan head football coach Sherrone Moore and his attorneys were back in court this afternoon, scoring a new hearing set for early March in their bid to get the criminal charges against him tossed out. 

The backstory:

Moore was terminated this past December over what university officials called an inappropriate relationship with his executive assistant. 

Judge Cedric Simpson granted an evidentiary hearing to take a deeper look at the evidence after saying details that the ex-girlfriend and Moore also had an employee-employer relationship omitted from a previous hearing by the prosecution.  

Moore, 39, was charged with third-degree home invasion, stalking, and breaking and entering after allegedly forcing his way into his ex-girlfriend’s apartment. She was also his executive assistant.

 This all took place on December 10th of last year, shortly after he was fired for what University of Michigan officials called an inappropriate relationship with a staff member. 

Moore’s attorney has said the warrant obtained was based upon false incomplete and or misleading statements given to the magistrate by police. 

Much of this is about the attorney for the ex-girlfriend calling police, not the ex herself. 

Moore’s team honed in on 12 unanswered calls and text messages between the former couple saying legally, stalking is not stalking if the communication has a legitimate purpose. 

Moore’s attorney claims those communications were work-related because they took place during work hours and the assistant worked for Moore. 

"It's clearly and unequivocally that the relationship between the parties in a stalking allegation matters," said Michaels in her opening statement. "It's not stalking If communication has a legitimate purpose."

More: Judge rules Sherrone Moore should get evidentiary hearing after omission by prosecutors

However, the prosecution says the ex-girlfriend and assistant presented sufficient evidence for the charges to stick including what they call direct and credible details to police allowing for probable cause to be established and for an arrest warrant to be issued. 

"We will be back here March 2nd for an evidentiary hearing," said defense attorney Ellen Michaels. "Judge Simpson got it right in this motion and due process matters. Coach Moore maintains his innocence and the truth will come out."

In the meantime, the University of Michigan has its own independent investigation into the relationship between Moore and his former assistant and the overall culture in Michigan’s Athletic Department.