MCMINNVILLE, Ore. -- Two McMinnville middle school students will go to trial for harassment, accused of spanking female classmate.

A judge threw out some evidence Wednesday because he believes they did not understand their Miranda rights, but ruled late in the day that a trial will go forth, likely starting next week.

Wednesday morning, Judge John Collins decided to supress confessions the boys made during interviews with officers, but their parents and attorneys were not present at the time. Their parents had argued that the boys were unfairly interrogated by a police officer and the Patton Middle School Vice Principal.

Meantime, the defense has also accused prosecutors of withholding evidence.

The two are accused of swatting the bottoms and poking or grabbing the breasts of classmates, as well as engaging in "party boy" dancing inspired by the movie "Jackass."

A motion says that until its existence was disclosed last week, the district attorney's office failed to give the defense a February police report in which a female Patton Middle School student disputes an officer's account of the behavior of two boys.

Prosecutors have a legal obligation to produce evidence that might help the accused. The boys' lawyers argue that failure to do is cause for throwing out the charges.

Last week, Collins dismissed misdemeanor sex abuse charges, which means the two no longer face the prospect of lifetime registration as sex offenders.

But Collins ruled that there was no evidence the district attorney's office set out to be vindictive and that prosecutors applied a "reasonable set of standards" when deciding what charges to file.

Defense lawyers Mark Lawrence and Rachel Negra said they were not aware of the February report until Deputy District Attorney Debra Markham mentioned it in passing during testimony last week.

They said they got the report over the weekend. The Oregonian newspaper reported that it involves a Patton student and her mother disputing a police officer's account of an interview with the girl concerning suggestive dancing.

The boys were both 13 when the alleged harassment occurred. KGW has not identified the boys by name because they are juveniles.

"It's very frustrating, very intense to me," said Tracie Mashburn, the mother of one of the accused boys.

Mashburn said the decision will not change her family's mind to fight the charges.

"It's not over. It's not done yet. There's still a hope and a chance," said Mashburn.

Mashburn said the boys have already been punished for what they did.

"They knew it was wrong and they would have never done it again," said Mashburn, "They've learned their lesson."

The case had drawn sharp criticism of Yamhill County District Attorney Brad Berry and led to donations from around the country to a legal defense fund for the boys. The boys' parents, their attorneys and many donors maintained the boys' behavior was inappropriate, but not criminal.

Background: McMinnville boys face sex abuse charges

Details: Initial school report

Prosecutors said it would be too difficult to prove the basis for the charges was sexual in nature instead of just horseplay, as their parents and lawyers have argued.