His lawyer, John Cito, argued Monday before Judge Regina Caulfield that prosecutor's had presented evidence to the grand jury that is not relevant and is prejudicial, and said prosecutor's had failed to present evidence supporting McGullivary's claim of self-defense.
Cito said police found evidence that Galfy had viewed websites with adult content, had passwords for websites on his computer, and that Galfy had contact information for young men on his cellphone. The lawyer said there was also evidence of sexual activity at the house.
"Something must have occurred of a sexual nature," Cito said. He said McGillvary "was fending off a sexual assault," and that information was never presented to the grand jury.
Union County Assistant Prosecutor Scott Peterson said there was no evidence suggesting a struggle at the house. "If there was, it wasn't much of one. It appears that it would have been one-sided," Peterson said.
