Former University of Montana quarterback Jordan Johnson’s defense attorneys have pooh-poohed the prosecution’s motion seeking information in his rape case as “speculative, dramatic and without merit.”
The court should deny the motion, Kirsten Pabst and David Paoli said in the document filed late Wednesday and entered Thursday into the record.
It’s a response to a prosecution request for information on defense witnesses, experts and their reports. Assistant Attorney General Joel Thompson said that although the state has provided Johnson’s defense attorneys with thousands of pages of material, the defense has yet to provide its own discovery.
Paoli and Pabst wrote that they’ve made repeated requests – most important, for an interview with the woman who accused Johnson of rape – for information, only to see those go unanswered.
They also seek a report from David Lisak, a Massachusetts psychologist who’s a national expert on acquaintance rape. The prosecution filed notice it will call Lisak as a witness.
Such testimony, wrote Pabst and Paoli, may not be allowed in Montana, “but without a report that analysis is as difficult as formulating a response. A motion to exclude Lisak’s testimony will be the subject of a separate forthcoming motion.”
Their response also seeks counseling records from the alleged victim from February 2012 through September 2012.
Johnson, charged with sexual intercourse without consent, is accused of assaulting a fellow UM student as the two watched a movie at her home on Feb. 4, 2012. He was suspended from the Grizzlies football team as a result. His trial is set for Feb. 8, 2013.