The alleged victim and Bailey had been at Motel 6, 1274 N. Atherton St., earlier that night, where they had consensual sex, before going to Player's Night Club, 112 W. College Ave., according to court documents. The assault and imprisonment allegedly occurred when the pair arrived back to the motel later in the night.
The alleged victim told police she attempted to escape from the hotel room, but Bailey followed her and, according to court documents, "grabbed her by the hair and drug her back" to the hotel room.
Bailey was also originally charged with rape for attempting to have sex with the alleged victim while she was using a bathroom at Motel 6.
Marshall said rape charges should never have been filed against Bailey.
"She told him to stop and he did," Marshall said.
Bailey's attorney, Sean McGraw, said a judge threw out the charge at Bailey's preliminary hearing Aug. 30.
McGraw added that Bailey had been in a relationship with the alleged victim and it was a consensual encounter.
He said the fact that the accuser had consensual sex with Bailey two hours prior to the alleged assault will aid in his defense.
Marshall said the two had been dating, but were not "girlfriend and boyfriend."
McGraw said he is confident that a jury will find Bailey not guilty on all counts.
"I think the evidence is really compelling," he said, adding that his defense for Bailey will most likely focus on the sexual assault charges instead of the simple assault and unlawful restraint charges.
"I haven't really given much thought to them," he said, referring to the simple assault charges.
"That is the least of his worries. If the jury is persuaded he isn't guilty of sex assault charges, they are gonna let him go because they are all tied up."
McGraw said the alleged victim stated at the recent preliminary hearing that she had been angry with Bailey when they returned to the hotel room after a night at Player's because of an incident that had occurred earlier that night at the bar.
"To quote the transcripts, she said she was mad 'because he grabbed my girl friend's ass at Players,' " McGraw said. "This trial is going to be high-pitched drama."
Bailey is currently in the Centre County Correctional Facility in Bellefonte in lieu of $100,000 bail.
Marshall said Bailey is scheduled to have a pretrial conference sometime in November and, if all goes as planned, his jury selection will take place in December.