Brian O'Day took the stand first in this morning, Feb. 15, as a witness in the sexual assault trail for suspended University of Montana quarterback Jordan Johnson and discussed talking with the alleged victim the night in question, as well as over the days that followed.

O'Day, who is the son of former University of Montana Athletic Director Jim O'Day, confirmed that he did text the woman for a ride from downtown after the Forester's Ball, and that she responded about 10 minutes later. She told him that "Something had happened," but came to pick him up after she had showered.

He said that she was visibly upset when she picked him up. The woman told him that she had been raped, but made him guess who the assailant was, telling him only that it was someone important on the football team.

O'Day said that the woman went into his home with him when they got there and that the two talked in his room about what had happened.

A few days later O'Day said he texted the woman to get more details about the alleged incident.

"I knew how big a deal allegations like this could be," said O'Day during cross-examination from defense attorney David Paoli.

He said he wanted to know if Johnson thought the two had just hooked up and that was it.

O'Day said that the reply the woman sent him was, "I don't think he did anything wrong, to be honest."

He replied by asking her, "You don't think he did anything wrong, or you don't think that he thinks he did anything wrong?"

She texted him back and told him that she didn't think he thought he did anything wrong, and added that she told him, "No, I don't want to do this."

Paoli then brought up another text message he'd discussed earlier in the trial. This one stated that the woman reporting the alleged rape hit Johnson "like a ton of bricks."

Paoli held up a poster board with the text message on it.

"Nope, he does not. It will hit him like a ton of bricks which I'm OK with. [Smiley-face] So wanna grab lunch Thursday?"


The witness also said that some of her other text messages seemed odd and that there were discrepancies in her story.

In her cross-examination of the witness, Assistant Chief Deputy County Attorney Suzy Boylan addressed the fact that Paoli had not asked about the entire string of text messages.

O'Day said that she went on to write:

"Brian, if I didn't tell him to stop, it wouldn't be rape, would it? But I told him no, I don't want to do this."


Ali Bierer Takes the Stand

The alleged victim's friend Ali Bierer, who the day after the alleged rape drove the woman to First Step - a resource medical office for sexual assault victims - the took the stand next.

She testified that the woman has not been herself since the night of the alleged rape. She said that she is not as outgoing and that the incident has changed her.

Bierer said that she could see how people might think that the alleged victim is doing this to seek attention, but she said she did not believe that to be true. She also said that she did not think that the woman was enjoying this process in any way.

Paoli questioned Bierer about statements that she gave to the police and to the defense attorneys in this case that the alleged victim told her that Johnson used a condom when the two had sex.

Bierer said she could not be sure if that is what the woman told her or not, nor did she know if Johnson used a condom or not.

Earlier in her testimony Bierer also confirmed to Paoli that the alleged victim told her that Johnson asked to go home. That contradicts the woman's statement that she did not tell him that she was taking him home and that the two did not speak from the time that they had sex until the time at which he got out of the car.

First Step Nurse Practitioner Claire Francoeur

Claire Francoeur, the nurse practitioner at First Step, was next on the witness stand. However, shortly after explaining her professional background the public and the media were asked to leave. Only the jury remained with the judge, prosecution and defense as Francoeur's testimony involved showing videos of the woman's physical exam that that she completed the day after the incident.


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