FARIBAULT, Minn. (AP) -

William Melchert-Dinkel faces two counts of aiding suicide. His attorney, Terry Watkins, says the case should be dismissed on free speech grounds but a judge disagreed.

So Watkins is now asking the judge to certify a free speech question to be put before the court of appeals. He says the alleged victims had already planned on committing suicide regardless of his client's online conversations.

But prosecutors say the defense's question is hypothetical and doesn't meet legal standards.

Watkins also says the case shouldn't be in Minnesota because the suicides didn't happen here. The victims were in England and Canada. Prosecutors disagree.

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