THE VIRGINIAN-PILOT
Copyright (c) 1996, Landmark Communications, Inc.
DATE: Saturday, March 30, 1996 TAG: 9603300278
SECTION: LOCAL PAGE: B3 EDITION: FINAL
SOURCE: BY LYNN WALTZ, STAFF WRITER
DATELINE: NORFOLK LENGTH: Medium: 67 lines
A federal judge has ruled that Raymond Holder's civil rights were not violated when he was arrested in Portsmouth in 1993 and jailed for nearly nine months for a rape he did not commit.
As a result, a federal lawsuit, filed by Holder last year against the city of Portsmouth and five police officers who arrested him, has been dismissed and the case will be sent back to state court.
In an opinion released Friday, U.S. District Judge Robert G. Doumar determined that police officers had probable cause and were justified when they arrested Holder.
Holder, then 23, was arrested after a 12-year-old girl spotted him on the street in August 1993 and told police he was the man who had raped and sodomized her a week before.
She was wrong, and Holder asked repeatedly for DNA tests that would exonerate him. Nearly nine months later, DNA tests confirmed that Holder could not have been the rapist and he was released.
Doumar said in his opinion that ``the identification of a suspect by the victim provides strong grounds for a finding of probable cause.''
Holder said he was disappointed by Friday's opinion and said he would decide over the weekend whether to appeal the federal decision and whether he would pursue the suit in state court.
If the suit moves forward in state court, the city would no longer be a defendant, said Holder's attorney, Stephen J. Burgess. However, judgments against the police officers would be paid by the city's insurance funds, Burgess said, so Holder could still receive compensation if the suit is successful in state court.
Portsmouth City Attorney Timothy Oksman said that the city is happy with the decision.
``We're grateful,'' Oksman said. ``The police officers acted exactly as they should have in responding to a direct eyewitness identification of Mr. Holder by a rape victim. The fact that the victim made a mistake simply doesn't make those officers liable in damages.''
Oksman said Holder should pursue his claim with the General Assembly, who sometimes provides compensation for innocent people who are jailed rather than pursuing the police officers who Oksman said ``were only doing their jobs.''
But Holder said Friday that while he respects the judge's opinion, he does not agree with it. Holder said he does not believe police acted appropriately or professionally.
``The money is not the issue,'' Holder said. ``I was arrested and stayed in jail nine months. I didn't fit the description of the rapist . . . That's wrong. Period. It's got my blood boiling when I think about everything that happened to me.''
Holder said he may not pursue the suit because of the continuing pressure of the case. Holder tried to commit suicide shortly after his release when he had trouble convincing people that DNA had proved his innocence.
On the other hand, he said, he wants to provide an example for others who have been wronged.
``It's all coming down at once,'' Holder said. ``I'm bummed out right now, and I don't know yet what I'm going to do.'' ILLUSTRATION: B\W photo
Raymond Holder begged Portsmouth police for DNA tests when a
12-year-old said he had raped her.
KEYWORDS: RAPE LAWSUIT DNA TESTING by CNB