The judge in the domestic violence case involving former district court judge John Brennan has ruled that statements the victim made the night of the incident cannot be used as evidence in the case.

Brennan is charged with false imprisonment and battery against a household member in connection with an incident last March.

Police were called to Brennan's home March 3 on reports of screams coming from inside his house. Once inside, police said they found Brennan with a 25-year-old woman who claimed Brennan battered her because she refused to have sex with a prostitute.

Brennan was arrested and charged, but the case was moved to Gallup after Bernalillo County judges recused themselves.

In a Gallup courtroom Tuesday, Brennan's attorney Robert Gorence motioned to supress the statements made by the woman to police.

Gorence called psychologist Samuel Roll to the witness stand, who testified it appeared the woman had been drinking that day. Roll said she also allegedly suffers from bipolar disorder and attention deficit disorder with hyper-activity. He said those combined conditions would seriously impair her ability to understand and interpret reality on the day of the alleged crimes.

Under cross-examination, Roll admitted that he has never personally evaluated the woman and that he was working from available records.

In a closing argument, Gorence pointed to an affidavit the woman later made that stated Brennan was simply trying to prevent her from hurting herself that night because of her condition and that she was angry Brennan wouldn't let her drive or walk home alone. Gorence said the statements she made to the police are unreliable and coerced.

Prosecutor Dustin O'Brien argued it should be up to a jury to decide which time she was telling the truth after hearing both versions.

Judge Louis DiPauli ruled Friday the statements cannot be used as evidence. But prosecutors said the case can still go forward, and they would assess the impact of the ruling once the alleged victim testifies.

The trial is slated for mid -October in Gallup.