SPRINGFIELD -- For the second time in two months, a judge has rejected a defense motion in the case of a Springfield couple charged with having sex in front of their children.

In a victory for prosecutors, Judge Robert Murphy ruled earlier this month against a motion to dismiss a charge of open and gross lewdness against defendant Adis Negron.

Negron, 30, and Elias Alicea, 38, were arrested at their Heaumont Street apartment in June 2015 by police responding to a neighbor's report of a disturbance.

According to a police report, two officers entered the apartment and found the couple having sex on the kitchen floor in front of their young children. The children were "visibly upset" and crying, the report stated.

In a motion filed last month, Negron's lawyer, Matthew Hutchinson, argued is client should not be charged with open and gross lewdness because the allegedly lewd behavior took place inside her home.

Following a hearing on Oct. 4, Murphy rejected the motion. The law states that lewd behavior only must be seen by one or more unwilling persons and "not that it be done in a public place," Murphy wrote.

For the defense, the ruling was the second setback in recent weeks. In late August, Judge William Hadley ruled that police, responding to a 911 call from a neighbor, did not violate the couple's constitutional rights by entering the the apartment without a search warrant.

In addition to a charge of open and gross lewdness, Alicea is facing two counts of assault and battery on a police officer in connection with his arrest. Police said he threatened officers and struggled as they handcuffed him.

Negron, who was pregnant at the time, was charged with open and gross lewdness. She initially denied having sex in front of the children, but later said, "Sorry, it just happened. We had a lot to drink today," according to police.

The latest ruling sets the stage for a trial, scheduled for Jan. 7, in Springfield District Court.

