Johnston, 38, was a music executive and president of Schubas Tavern and Lincoln Hall. He was fired as CEO of Audiotree, an online music streaming service, after NBC 5 Investigates reported on a civil lawsuit accusing him and his wife of secretly videotaping their nanny and her friend in their house. His wife has not been charged in the criminal case.
Attorney Gail Eisenberg represents the alleged victims in the civil suit who are using the names Jane and Julie Doe to protect their identities.
"Jane discovered two operative hidden cameras aimed at the bathtub," Eisenberg said. "The video footage shows Mr. Johnston positioning the camera standing in the bathtub and reviewing the camera stream on a cell phone to ensure that the bathtub area would be filmed."
The civil lawsuit filed last year accuses the couple of setting up several hidden cameras in bathrooms and a bedroom and then asking their nanny and her friend to house sit while they went away with their kids.
Last month, Johnston's attorney asked a judge to delay the civil lawsuit pending the outcome of his criminal case but the judge declined. Now his attorney is filing another motion to delay the lawsuit after more than a year of negotiations between the couple and the two women failed to reach a settlement.
"Julie remarked that Mr. Johnston what he did has completely upended her life and that the not guilty plea only caused additional pain," Eisenberg added.
Johnston has asked for a new judge in the criminal case and one will be reassigned in court on Monday.
Johnston's attorney Damon Chernis has told NBC 5 Investigates that his client "takes these allegations seriously and will continue to work through the legal process."