A Charlottesville man is suing a city police detective for allegedly harassing him during a search for the serial rapist.
Larry Monroe, 24, claims Detective James Mooney infringed upon his rights when Mooney requested that he provide a DNA sample to aid in the search for the serial rapist.
The serial rapist has been responsible for at least six rapes in the Charlottesville area since 1997. City police began using saliva swab DNA tests after attacks in November and April of last year.
Lawyer Deborah C. Wyatt filed the claim on behalf of Monroe, who is seeking $15,000, in the city General District Court.
Wyatt said her client does not match the description of the serial rapist and should not have been sampled.
Fliers around the community containing a sketch and brief description of the rapist describe him as "6 feet tall with a somewhat athletic build and his age as from mid 20's to late 30's."
Wyatt said her client is 5'8" tall, and about 300 pounds.
"You're not going to see him and describe him as other than a fairly stocky guy," Wyatt said. "He's a hefty guy."
Last week, Charlottesville Police Chief Timothy Longo publicly defended Mooney in a statement.
"I feel compelled to speak of the character of the involved detective and to publicly support his efforts," Longo said. "I have no basis to conclude that Jim Mooney violated the rights of this citizen or any citizen that he has encountered in his many years as a Charlottesville police officer."
The police department was the target of community backlash earlier this year when it began requesting saliva samples from numerous black men who resembled composite drawings of the rapist. As a result of community concerns, in April Chief Longo instated stricter guidelines for requesting DNA samples and determining whom to test. The department also oversaw the destruction of nearly 200 samples that did not match the serial rapist's DNA.
Among Longo's new guidelines, investigators are to inform potential suspects that they can refuse to provide a DNA sample.
Monroe was approached by Mooney before the new guidelines were created, Wyatt said. Wyatt said she believes that Monroe was not told he could refuse the sample, and that Mooney made reference to a list of suspects that Monroe was on.
"One reason I have a problem with the program is it was very broad to start with," Wyatt said. "You can't just say black male and get all black males' DNA. But they came very close to doing that."
Wyatt said she thought Longo's defense of Mooney was inappropriate.
"My assumption is that there was some personal sensitivity that he was reacting to," she said.
Longo defended the efforts of the police department and Mooney in his statement.
"We are always concerned that lawsuits of this nature will undermine the public's confidence in law enforcement and the men and women who serve the public in this profession, and that it may have the effect of demoralizing the honest and dedicated police officers, such as Mooney," Longo said.
Wyatt said she was pleased that Longo revised the process of DNA sampling in April, but is still unclear as to the precise details of the department's DNA sampling procedures.
"I am still puzzled over the question that Longo did not answer in his lengthy protest of whether he supported having his officers try to obtain DNA from black males who did not physically meet the description of the serial rapist," Wyatt said. "Even if you think it's OK to ask only the people who meet the description to provide a sample, that would not cover our situation."
Longo and Mooney were unable to be reached for comment.
A hearing is scheduled for Aug. 24.
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