Posted: Sep 25, 2012 2:53 PM by Irina Cates - KPAX News
Updated: Sep 25, 2012 6:49 PM
MISSOULA- Suspended University of Montana quarterback Jordan Johnson is tentatively scheduled to go to trial on January 16th, and his attorneys have asked the judge to set deadlines for prosecutors to turn over evidence to them.
Johnson's attorneys told the judge they still need 10 evidentiary items from the prosecutors, including what they consider to be "critical e-mails.
"The police report references the remorse and the confusion that the complaining witness has shown in the writings," defense attorney David Paoli said.
Prosecutors promised to give the defense the e-mails and the alleged victims counseling records by the end of this week.
The defense also wants more information on text messages exchanged between Johnson, the alleged victim, and others in this case.
"The number of the texts, the person who it was sent to or received from and the telephone number, but importantly the date," said Paoli.
Prosecutors say they've done everything the court asked them to do in relation to the texts.
"As for the text messages, what I have done is comply with the statute, which indicates that the state, if a party thinks that something is not discoverable, then that it has to be reviewed by the court," Assistant Chief Deputy Missoula County Attorney Suzy Boylan said in court on Tuesday.
The judge said she will review the text messages and make a ruling on what should be released by mid-November.
Prosecutors asked the judge to set aside three weeks for the trial, although defense attorneys don't believe it will take that long. Prosecutors also requested three days for jury selection as well as a very large jury pool of 500 people because of the publicity in this case.
The judge set a series of deadlines for the evidence to be turned over from the prosecutors to the defense.
Johnson's next court date is scheduled for November 20th.