WASHINGTON (AP) — A military judge overseeing the case of a former U.S. Naval Academy football player accused of sexual assault told prosecutors Tuesday he wants them to explain how they plan to prove their case, an indication it may not hold up.

Prosecutors have planned to show during a trial that the woman at the center of the case was too drunk to consent to sexual activity. But during a pre-trial hearing Tuesday, the judge heard testimony that the woman was “fully functional” around the time of the alleged assault.