Prosecutors could have an uphill battle trying Baltimore Police Lt. Brian Rice in the death of Freddie Gray. The judge says they can’t use 4,000 pages of Rice’s training records as evidence because they didn’t turn copies over to the defense in time.

Judge Barry Williams will begin trying Rice Thursday on charges of manslaughter, assault, reckless endangerment and misconduct in the young black man’s death. Prosecutors say they only recently acquired the records from police, but the judge said they should have used subpoena power to get them months ago.

The judge refused a defense request to dismiss the case entirely. Rice, like two other officers tried before him, waived his right to a jury, putting his fate in the judge’s hands instead.