MISSOULA, Mont. - The Missoula County Attorney's Office has filed their response to the Motion to Dismiss in the Jordan Johnson case.
The suspended Griz starting quarterback is accused of raping a friend at her home in February.
His attorneys David Paoli and Kirsten Pabst asked for the case to be dismissed, but the County Attorney's Office says the reason is "concerning."
In the response filed Tuesday afternoon, County Attorney Fred Van Valkenburg, Assistant Chief Deputy Suzy Boylan, and Assistant Chief Deputy Jennifer Clark said they believe that motion should be denied.
They wrote the defense's version of an Affidavit of Probable Cause, is "concerning when read in light of the fact that their Motion was filed before the defense received any of the State's investigative materials in the discovery process, which is still ongoing."
The response when on to say that despite the defense's claim, the evidence in the case does not ‘detract from a finding of probable cause…and the Motion to Dismiss should therefore be denied.'
In their Motion to Dismiss Paoli and Pabst also argued that Johnson's rights had been violated. The State had an answer for that too. The response said because proper procedures were followed, Johnson's due process rights were not violated.
They also responded to the defense's accusation that charge was filed in the first place because of the ongoing Department of Justice investigation. "It is a desperate accusation that the defendant points to the Department of Justice investigation" as the reasoning for the charges.
Johnson's attorneys told NBC Montana they plan to file a reply brief. They have ten days to do so. Then it will be up to Judge Karen Townsend to decide whether to dismiss the case.
To read the State's response click here.