Judge grants hearing, expresses concerns ex-Michigan coach Moore may have had rights violated

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ANN ARBOR, Mich. (AP) — A judge on Tuesday granted a request for a hearing to learn more about an investigation that led to charges against former University of Michigan football coach Sherrone Moore, who was arrested soon after he was fired for a relationship with his executive assistant.

It's a victory for Moore and lawyer Ellen Michaels who is defending him against charges of felony home invasion, stalking and illegal entry. They ultimately want the case dismissed.

Moore, 40, is accused of entering the woman’s apartment without permission and threatening to kill himself in front of her on Dec. 10. Authorities quoted him as saying she was to blame for him losing one of the top college football jobs in the country. She had spoken to university officials.

Judge J. Cedric Simpson expressed concern that a police detective didn’t disclose Moore's employer-employee relationship with the woman — a “glaring omission” — when a magistrate authorized a warrant for his arrest.

“Defendant’s due process may have been violated,” Simpson said.

"This was not solely this personal relationship. The magistrate should have been able to look at that," said the judge, who set a March 2 hearing to hear from police and other witnesses.

The woman ended the personal relationship a few days before Moore's firing and did not answer a dozen calls or respond to some text messages from him before his dismissal, police said.

Michaels said a coach calling and texting an executive assistant that many times was reasonable while Moore was preparing his team for a bowl game.

“It’s not stalking if the communication has a legitimate purpose,” Michaels said.

Before Simpson set the hearing, Washtenaw County assistant prosecutor Kati Rezmierski said it wasn't necessary and would be outside the judge's discretion.

Moore coached the Wolverines for two seasons as the successor to Jim Harbaugh, who won a national championship before quitting to become coach of the NFL’s Los Angeles Chargers. Kyle Whittingham, who coached Utah for two decades, is Michigan’s new coach.

Michaels accused the woman's personal lawyer of giving information to police to “villainize Mr. Moore and maximize the chances of obtaining a large settlement from the deep pockets of the University of Michigan.”

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Associated Press writer Ed White in Detroit contributed to this report.