A 40-year-old man will go on trial for the second time on charges that he raped a University of Kansas student in 1997.

On Wednesday, Douglas County Judge Michael Malone denied a motion to dismiss the case against Robert Grey, who was convicted of rape in 2009 and sentenced to 26 years in prison.

The Kansas Court of Appeals ruled in 2012 that Grey should get a new trial because the prosecutor in the first trial did not disclose some evidence to the defense.

Grey’s attorney argued Wednesday that the case should be dismissed because some evidence allegedly had been destroyed and the length of time since the crime.

Malone rejected both arguments. The retrial is set for May 1.