MISSOULA, Mont. (AP) — The Missoula County attorney says an attempt to throw out the rape case against former Montana quarterback Jordan Johnson is premature and that his office has provided all the information needed to proceed.

Johnson has pleaded not guilty to sexual intercourse without consent. Prosecutors say he raped an acquaintance while the two were watching a movie in February.

Johnson’s attorneys have asked District Judge Karen Townsend to dismiss the charge. They say the prosecutor’s charging documents were “incomplete, misleading and prejudicial” and violated Johnson’s due process.

County Attorney Fred Van Valkenburg filed a response with the court Tuesday. He says little evidence is required at this stage to establish probable cause, and that Johnson’s request for dismissal is little more than a “thinly veiled press release” to sway public opinion.

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