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Two Border Patrol agents accused of lewd acts in public are expected to appear in San Diego’s North County Superior Courthouse tomorrow morning. And the woman who was allegedly assaulted after she complained about their behavior is expected to speak to the judge at the same hearing.

Judge Daniel Goldstein is expected to rule on whether the two defendants will need to post bail to remain at liberty.

Kallie Helwig, 24, and Gerald Torello, 35, have pleaded not guilty to charges that they performed sex acts in a circus tent and then attacked a woman who complained before the pair was escorted out. It was reportedly the final night of a big-tent performance by Cirque du Soleil at the Del Mar Fairgrounds, last May, when the alleged offenses occurred.

The two Border Patrol agents were not in uniform at the time, and they were seated in the audience at the circus, it has been widely reported.

The date of the alleged offenses is May 27 2012, but the accused were not charged until July 6, according to attorney Richard Muir, who represents Gerald Torello. And the defendants have not yet appeared in court, they received their charges “by fax” and through an attorney, according to Richard Muir, who said this is permissible.

Prosecutor Tracy Prior said the matter has not yet been heard by a judge, and tomorrow morning she will ask the court to set bail at $20,000 for each defendant.

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