Posted: Sep 12, 2012 1:30 PM by Irina Cates - MTN News
Updated: Sep 12, 2012 1:32 PM
MISSOULA - A judge has denied the defenses separate motions to dismiss the rape charge against suspended University of Montana quarterback Jordan Johnson.
Among many issues it their motions to dismiss, Johnson's attorneys said the prosecutors didn't have enough evidence against Johnson and that they cherry-picked information.
But Judge Karen Townsend says there is enough evidence in the charging documents that show there's a "fair probability that the Defendant committed the crimes of sexual intercourse without consent."
Prosecutors say Johnson forced himself on top of the alleged victim, held her down and raped her, adding that she told him "no" multiple times, but he didn't listen. But, Johnson has told investigators the sex was consensual.
Townsend said some of the claims in the defenses motion to dismiss should be up to a jury to decide and not the judge.