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Motion to Dismiss claims no probable cause in Jordan Johnson case

By Emily Adamson, KECI Reporter, eadamson@keci.com
Published On: Aug 09 2012 12:33:03 PM MDT
Updated On: Aug 08 2012 10:53:48 PM MDT
MISSOULA, Mont. -

Suspended University of Montana quarterback Jordan Johnson pleaded not guilty to raping a friend, and his attorneys say he had good reason.

One of his attorneys, Kirsten Pabst, filed a Motion to Dismiss the case after Johnson’s court hearing Tuesday. In the motion, Pabst argues prosecutors don't have enough evidence to file charges.

In the motion's introduction there's a statement blaming the Department of Justice investigation into allegations Missoula Police, prosecutors and UM mishandled sexual assault cases, as the reason Johnson was charged. The motion says “…the State has chosen to use Jordan’s case – one which lacks probably cause – as a means to try to send a message.”

Pabst said there's plenty of reason behind Johnson's plea and the Motion to Dismiss.

“It revolves around the fact that the judge didn't get all of the facts,” Pabst said Wednesday.

Facts Johnson’s defense believes will help prove his innocence.

The motion offers a point by point argument against the prosecutor's charges. It starts with an allegation the alleged victim made advances toward Johnson on the night of the Forester's Ball event, the night before the alleged incident. From there attorneys go into graphic detail about the night the woman admits she and Johnson watched movies at her house.

Prosecutors allege Johnson raped her after she told him no repeatedly. But the defense argues it was consensual, and that the injuries prosecutors claim are consistent with rape, were non-existent.

The motion goes on to quote text messages from the alleged victim to a friend:

“It will hit him like a ton of bricks which I’m okay with…”
“I don’t think he did anything wrong to be honest…he didn’t show any remorse or anything…”
“I’m not super sensitive about the subject too much anymore so it’s all good…and and I don’t think he thinks he did anything wrong.”

“She says this is going to hit him like a ton of bricks. She admits this is going to surprise him. Legally what that means is that he didn't know he was committing a crime,” said Pabst.

The County Attorney’s Office said they’re reviewing thousands of pages of text messages. They did not comment on the Motion to Dismiss. That office has until August 21st to file a formal response to the motion.

After that Johnson’s defense team has another opportunity to respond, and finally it will be up to District Court Judge Karen Townsend to decide whether to dismiss the case.

If Townsend doesn’t dismiss the case Pabst said she wants the earliest possible trial date for Johnson so that he can resume his normal life.

You can read the motion to dismiss by clicking here.

For the charging affidavit click here.