Kanawha County Judge Jim Stucky agreed with the defense that the testimony of three teenage girls didn't match the discription of events in the indictment.

One count against Ripley resident Rodney Newhouse still stands. That charge involves another teenager, former Sissonville High School cheerleader Stevee Baldwin. Baldwin alleges that Newhouse, a former band director at the school, made lewd and suggestive comments and touched her during detention in the fall of 2004.

Following that school year, the county board of education voted to fire Newhouse.

His trial started Monday. Tuesday, Newhouse took the stand in his own defense -- calling Baldwin a liar. "I don't how she felt about me personally, but I know what she said on this stand is a lie."

Baldwin's attorney, Cynthia Evans, says it's a shame the three other charges were dismissed in the case. "These are young girls and they don't understand the technicalities and the legal jargon. All they know is their claim was dismissed and they don't know why."

Closing statements are expected Wednesday. The case will then go to the jury.