A former Spokane police sergeant convicted of sexually assaulting another police officer is seeking a new trial.

A jury found Sgt. Gordon Ennis guilty of second-degree rape on March 7.

KREM-TV reported that his new lawyer, Mark Vovos, has filed a motion asking for a new trial.

Prosecutors argue, however, that it’s too late. They said Ennis didn’t file the motion within 10 days of the verdict as required by law.

A hearing is set Monday in Spokane County Superior Court.

Ennis was accused of raping a fellow police officer at a party on Oct. 25, 2015. Ennis had testified that the female victim was alert and conscious up to and during the alleged assault.