OWENSBORO, Ky. — Prosecutors are seeking to dismiss rape and sodomy charges against a former University of Kentucky board chairman.

News outlets report prosecutors filed a motion Monday in Daviess Circuit Court to dismiss the indictment against 78-year-old Billy Joe Miles. He was indicted in September 2016 on the charges, which also included bribery of a witness, for allegedly assaulting a health care worker at his home.

The trial had been scheduled to begin Jan. 16.

Assistant Attorneys General Jon Heck and Barbara Maines Whaley filed an affidavit saying the alleged victim’s attorneys told prosecutors she “no longer wished to proceed in the criminal case” because of her “fragile psychological condition.”

Special Judge Kelly Mark Easton will decide whether to dismiss the charges permanently.