Update: Philly DA will refile felony charges against accused priest

    A judge has dismissed the three most serious sexual assault charges against a Philadelphia priest after hearing details of the alleged contact from the priest’s accuser.

    Father Andrew McCormick was bound over for trial Thursday on misdemeanor charges including endangering the welfare of a child and indecent assault, but had the three felony counts against him tossed at a preliminary hearing.

    Update, 2:30 p.m.The District Attorney’s Office will be re-filing felony charges against 56-year-old Andrew McCormick.” At issue is the involuntary deviate sexual intercourse charge that was dropped Thursday, and whether McCormick’s alleged actions fall under that charge under Pennsylvania law.

    The now-24-year-old accuser, a former altar boy, told the court McCormick groped and molested him inside a rectory bedroom in 1997. But the judge dismissed charges of involuntary deviate sexual intercourse, statutory sexual assault and sexual assault after determining the contact didn’t include penetration.

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    McCormick is free on bail and due back in court Oct. 18.

    Prosecutors didn’t immediately say if they would appeal.

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