Missoula Area News

Friends, nurse testify in fifth day of Johnson rape trial

Posted: Feb 15, 2013 10:13 PM by Robin O'Day - MTN News

MISSOULA - Day five of the Jordan Johnson rape trial bought a familiar name into the spotlight. The court also heard from a friend of the accuser, who took her to her initial medical exam at First Step.

The trial ended for the week at the Missoula County Courthouse with two friends of the accuser testifying about their interaction with her after the alleged rape.

First, the son of the former UM Athletic Director Jim O'Day, Brian O'Day, took the witness stand. O'Day testified the woman told him she had been raped but she said Johnson thought he did nothing wrong.

O'Day says he was doubtful about her story. Johnson's defense lawyer David Paoli asked O'Day why he was concerned.

"It was a big situation. I just wanted to make sure that everything happened that she said."

Paoli: Did you question it?

O'Day: "Yes."

Paoli: "Why?"

O'Day: "Um, some of the story didn't add up. And some of the texts struck me as alarming."

Second to take the stand was a good friend of the alleged victim, Elizabeth Bierer, who testified she encouraged her to seek medical help and was with her during the head-to-toe examination.

"She wasn't looking at me normally she looks at me when she talks to me," Bierer said. "She was crying, just very shocked."

The friend says she believes the accuser's story, though many people think the accused victim is an "attention seeker."

After media and spectators were cleared from the courtroom, the jury saw the a video of the medical examination.

The defense grilled Nurse Francoeur about giving the accuser information about contacting an Atlanta law firm, and suggested the woman's injuries may not have been a result of rape.

"And these abrasions that you claim you found, most certainly can occur and do occur with consensual sex as well," Paoli said.

Francoeur said it's possible. She told prosecutors it is common practice for nurse's to give advice to patients under these circumstances, including advice to seek legal help.

Because of President's Day and the judge's other court hearings, the trial will resume next Wednesday.

(KPAX reporter Robin O'Day is no relation to Jim or Brian O'Day.)