Posted: Feb 5, 2013 5:02 PM by Irina Cates - KPAX News
Updated: Feb 6, 2013 6:51 AM
MISSOULA - Missoula District Judge Karen Townsend once again denied Jordan Johnson's motion to dismiss the rape charge against him.
The defense argues in court documents that the Missoula Police Department's policy violates Johnson's presumption of innocence.They also argue that Johnson had to waive his right to remain silent to present investigators with evidence of his innocence.
The judge denied the motion to dismiss, and agreed with the prosecutors who said the police department's job is "to look for evidence of a crime as well as evidence of innocence." The judge also said Johnson didn't have to talk to investigators.
Townsend denied the first motion to dismiss this case in late summer.
Jury selection for Johnson's trial starts on Friday.