A state judge has denied an attempt to dismiss the rape case against suspended University of Montana quarterback Jordan Johnson.
Johnson's trial is scheduled to begin Friday with jury selection.
Johnson is accused of raping another student while they watched a movie together in 2012.
District Judge Karen Townsend denied a motion to dismiss the case in an order filed Monday.
Johnson's attorneys based their motion on a sentence in Missoula Police Department's policy manual that reads "every sex crime investigation is to be initiated with the belief it is true until evidence demonstrates otherwise."
The defense argued the statement could bias investigations, create a presumption of guilt and violate the accused's due process.
Townsend ruled the motion was without merit.