A substitute teacher accused of sexually assaulting a student in a school bathroom is heading to trial.
And in a new development Friday, prosecutors revealed that the teacher, Michael Agrippine, wasn't alone when the alleged incident happened.
The prosecution played an hour-long interview that was recorded between the 9-year-old boy and a child interview specialist.
During the January 21 interview, the alleged victim told the specialist that Agrippine, who he calls "Mr. A," met the boy and a 13-year-old boy, identified only as Christopher, inside the bathroom at Union Terrace Elementary School on Fri., Jan. 18.
After the video, Agrippine's lawyer told a judge that there are too many inconsistencies with the alleged victim's story.
"Michael has been consistent," said Ed Angelo, attorney. "He's adamantly denied these charges consistently."
The 9-year-old boy claims he was raped by the 13-year-old while Agrippine stood behind them. Then, the boy claims Agrippine sexually assaulted him.
"We only have the tip of the iceberg right now," said Angelo. "We're going to be getting a lot more information."
During the cross examination, the defense asked investigators if they interviewed the child as well.
The detective and prosecution said the only interview that will be conducted was by the child specialist because it causes less trauma on the alleged victim.
The defense also questioned the timeline in the interview because the victim went back and forth between saying the alleged assault took place in the morning in one sentence, and then saying in the afternoon in another.
"This is a lovable child, but children have flights of imagination and fancy and I think that is what's happening here.," added Angelo. "But we'll see. We don't know a lot yet. We don't know everything."
Agrippine is facing charges of aggravated and institutional sexual assault, as well as indecent assault.
Prosecutors never mentioned the 13-year-old boy who allegedly raped the 9-year-old boy. They refused to comment Friday.