After nearly a year of controversy surrounding the Charlottesville Police Department's use of DNA testing in the search for the serial rapist, Judge Robert H. Downer Jr. threw out the lawsuit filed by resident Larry Monroe against police detective James Mooney.
Downer delivered a motion to strike the case on Jan. 31.
"A motion to strike means that I made a ruling that the evidence produced by the plaintiff at the conclusion of the case was not sufficient to carry his burden of proof," Downer said.
Monroe filed a lawsuit alleging harassment and infringement upon his rights after he was asked to submit to DNA testing by detective James Mooney. Monroe did comply, but later claimed that he did not understand that he could say no.
Last spring, the Charlottesville Police Department performed DNA tests on individuals matching the description of the serial rapist who were either observed doing something suspicious by the police or reported by members of the community. The DNA test was voluntary.
"If we could administer a program like that in a way that was not coercive, we might say that's a really good thing -- a quick, painless procedure, and we're able to rule out innocent people," University law professor Anne Coughlin said.
The program met opposition in the community, however, including opposition from Monroe.
"My client has indicated that he was approached by Detective Mooney and told he was on a list and had to get a DNA sample," Monroe's attorney Deborah C. Wyatt said. "'Had' was the operative word."
Mooney's attorney, Richard Milanor, on the other hand, claimed that his client was just doing his job.
"My client received an assignment to go collect a sample of DNA and Mr. Monroe consented to the sample," Milanor said.
The police department did not return repeated calls seeking comment during the past week.
Monroe charged that he was harassed during the search and also asked for $15,000 from Mooney.
"We put the claim as battery and illegal search and seizure," Wyatt said.
According to Coughlin, any involuntary touching constitutes battery.
Downer ruled that he did not believe Monroe was coerced or that Mooney's actions were motivated by racial animosity. Therefore, the defense did not have to present Mooney's side of the case.
Downer could not comment further because Monroe is still considering an appeal.
"The judge believes that there was consent, and, if he did consent, then there goes the battery," Wyatt said.
Even though the case has ended, memories and questions about the utility of the DNA testing program still linger in the minds of local people.
"The program was targeting black males, and thus it took on a racist view in light of a long history of police abuse of blacks," Coughlin said.
While the police based their DNA testing of black males on the description of the serial rapist given by victims, some in the community said they feel that there were racial undertones to the endeavor.
"This whole case has the distasteful look of racial profiling of sort," Prof. Alan Simmons, who teaches philosophy and law, said.
Coughlin lauded Police Chief Longo for responding to community criticism and canceling the program.
Meanwhile, in the midst of the legal and social clamor, the serial rapist is still at large.
"We are still investigating the serial rapist in conjunction with the City of Charlottesville and Albemarle County," University Police Captain Michael Coleman said.
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