NEWS

Subpoenas revoked in UT rape case

Matt Slovin
mslovin@tennessean.com

KNOXVILLE — Knox County Judge Bob McGee on Tuesday quashed attempts by defense attorneys to gather social media posts from witnesses in the rape case of two former Tennessee football players.

Former University of Tennessee football player A.J. Johnson, center, arrives at criminal court with attorneys Tom Dillard, right, and Steve Johnson on March 9 in Knoxville.

The judge acknowledged that the court was entering into uncharted territory on how to handle the acquisition of social media communications.

"We are without a great deal of guidance and authority," McGee said.

A.J. Johnson and Michael Williams are charged with two counts of aggravated rape each after a November 2014 party at Johnson's apartment that followed the Vols' win over Kentucky. Both players were on the roster at the time.

"This is new territory," McGee said at the hearing. "We're faced with the reality of the computer age and the generation of incredible amounts of communication."

Earlier, deputy district attorney general Kyle Hixson argued that continuing to compel the alleged victim and three other potential witnesses to produce content from their social media accounts could have an impact on future rape victims' willingness to pursue prosecution.

"The danger here, judge, is a chilling effect," Hixson said.

UT's Michael Williams indicted in rape case

In his argument against tossing out the subpoenas, attorney Stephen Ross Johnson, who represents A.J. Johnson, further maintained his client's innocence. David Eldridge, an attorney for Williams, has also held that his client is innocent.

"Mr. Johnson is presumed innocent," Stephen Ross Johnson said. "The state in its argument would like to presume he is guilty."

McGee pointed out that, in the time since the subpoenas were issued, the four subpoenaed individuals had been unable to access the information despite good faith attempts.

Johnson's trial is scheduled for June 27. Williams' trial, which was postponed when the subpoenas were issued, hasn't been rescheduled.

Reach Matt Slovin at mslovin@tennessean.com or on Twitter @MattSlovin.