Kirkland resident Lacey Carroll, who filed a civil lawsuit in July against magician David Copperfield, will get her day in court during May 2011, as a federal judge lifted a stay that had put the lawsuit on hold. The woman clams that Copperfield raped her at his home on a private Caribbean island in 2007.

The stay was imposed pending the outcome of a two-year criminal investigation into the incident, which ended in January without any charges being filed.

Carroll’s lawyer, Angelo Calfo, had asked U.S. District Judge John Coughenour to withhold information from the investigation obtained by the FBI and the U.S. Attorney’s Office from Copperfield’s defense team. Carroll’s lawyer had requested the motion, which was ultimately denied by the judge, for fear Copperfield would destroy evidence.

The judge maintained that Carroll, who was the 2010 Miss Washington USA runner-up, can obtain the evidence through the discovery process or by getting a subpoena.

Carroll, 23, claims that the she was raped by the magician after she met him in Eastern Washington and was invited to the 53-year-old man’s private island.

Carroll was charged with prostitution and lying to police in January, after she allegedly solicited $2,000 from a business man for sex at a Bellevue hotel. She has pleaded not guilty to the charges.