Prosecutor Stuart Dunnings III said he would refile the charges when the witness becomes available, the Detroit Free Press and the Lansing State Journal reported Tuesday. Dunnings called the absent witness a "necessary" one but not paramount to the case, the State Journal reported.

"I intend to refile charges as soon as the witness becomes available," Dunnings told the State Journal. "I don't want people to think the charges are resolved forever and always."

Cleaves, who led Michigan State to the Final Four last season, and former teammate Antonio Smith were charged in April with committing larceny for property under $200 -- a 40-ounce bottle of beer from a local convenience store.

Smith, 23, also was charged with malicious destruction of property, also a misdemeanor, after allegedly breaking open a cooler containing the beer.

Jury selection for Smith's trial is expected to proceed this week.

The charges carry a possible three months in jail.

Dunnings has said prosecutors have a videotape from the convenience store as well as accounts from at least six witnesses, though Cleaves' attorney said his client was ready for trial.

"We had wrapped up our investigation and were ready to pick a jury and proceed with the case," Frank Harrison Reynolds told the Free Press. "What (prosecutors) do in the future remains to be unseen."

In a brief statement Monday, the State Journal reported, Cleaves said that "I am not going to replay the past but am looking forward to the future. I have learned a lot this past year. I am grateful for the support and concern of my family, my team, my university and my many friends."

The 21-year-old Cleaves, who will be a senior next season, also was arrested for an alcohol-related incident with teammate Andre Hutson during the 1997-98 season. He completed a youthful offender program for that offense.