Former basketball player Chris Jones waived his preliminary hearing this Monday after the rape and sodomy case against him brought him to court.

Attorneys for Jones decided to waive the hearing and move onto a Jefferson County grand jury. This meant no witnesses for Jones’ case were called up to the judge in the preliminary hearing, and that probable cause did not need to be established against Jones for the case to move forward.

Jones’ attorney Scott Cox told reporters, “The evidence in his favor, frankly, is growing every day as we continue our investigation. I don’t believe the proof will support charges against Chris.”

This statement comes after 18-year-old Kristen Smith posted on social media that she was in the room with Jones on the date of the alleged crime, saying there was no way that he raped the women in question. One of Jones’ attorneys further state that everyone in the apartment the night Jones was accused will support his innocence.

County Attorney Mike O’Connell, however, believes there is “ample, compelling and critical evidence” against Jones, and, had there been a preliminary hearing, probable cause would have been established.

O’Connell did not comment further, saying the case is now in the hands of Commonwealth Attorney Tom Wine when it resumes next month on April 20. Co-defendants Jalen Tilford and Tyvon Walker also waived their rights to a hearing and opted instead for to go to a grand jury.