A Bibb County Superior Court judge has denied a motion to dismiss a rape case in which DNA evidence was destroyed.Chief Judge Martha Christian announced her ruling from the bench Monday morning.
John Paul Battle Jr., 25, is charged with rape and is being held at the Bibb County jail without bond, according to jail records.
In 2005, the Macon police crime lab destroyed evidence in the 2002 case upon instructions from the case detective who no longer works for the department. Battle was arrested in 2009 after a DNA sample he submitted upon entering prison on an unrelated charge was found to be a match with DNA from the rape case.
Battle’s attorney, Alan Wheeler, filed a motion in earlier this month asking that the case be dismissed because Battle no longer has the ability to have his own expert test the DNA using the latest technology.