Updated: 6/5/2009 11:48:28 AM
The man accused of kidnapping an Atlanta woman and raping her in a cabin near Gatlinburg is asking the court to lower his bond. To make his case, his attorney has submitted emails and pictures detailing the man's relationship with the woman prior to his arrest.
Jansen is currently out on bond, after posting $800,000 in cash last Tuesday.
In paperwork filed late Thursday afternoon, his attorney, Don Bosch, requests his bond be lowered to $100,000. To help make his case, he supplied evidence the defense believes shows characteristics of consensual sex, not kidnapping and rape.
The defense argues the whole trip was the victim's idea and they had planned a text message code of sorts to set the kidnapping fantasy chain of events in action.
"Simply stated, the prosecution will have a woefully difficult time securing a conviction of Mr. Jansen in light of what the defense investigation has uncovered and what the state has in its possession as exculpatory evidence," Bosch said in the documents.
The victim says she was kidnapped while jogging in her Atlanta neighborhood last week. From there, Jansen allegedly took her to a cabin in Sevier County where a pizza delivery man saw the victim bound and called police.
The documents filed Thursday contain emailed photographs between Jansen and the alleged victim indicating the two began arranging the trip in late April.
Bosch alludes to one photograph of a woman in a bondage type setting that is filed and currently sealed, meaning, it is not public record.
Bosch's filing also asserts that Jansen stopped three times on the trip from Atlanta to Gatlinburg. Bosch says store surveillance video from one of the stops shows the woman had "ample opportunities to summon assistance," but did not.
Also, while checking into the Gatlinburg cabin, Thursday's motions say another couple was there checking in as well. Yet, the victim made no attempt to let them know she was in danger.
Thursday's motions also include the results of a polygraph test, which the records show Jansen passed.
During that test, Jansen said that the woman had told him exactly what to bring on the trip, including rope, sex toys, food, and clothes for her.
The alleged victim pleaded guilty to filing a false report last year in Fannin County, GA. She also was involved in a similar situation in Cherokee County, GA in 2005.
Thursday's documents paint the victim as a mental patient with a history of of "self destructive behavior". In 2006, a court found the victim was injured with a self-inflicted knife wound.
In 2006, court records indicate the alleged victim attempted suicide. It was recommended "she be involved in outpatient counseling with a licensed psychologist/psychiatrist".
It's unclear what role those previous events will play regarding the current case in Sevier County from the defense perspective. Prosecutors said the previous false statements don't necessarily put their case at risk or indicate she has shared false statements in the current situation.
