Tuesday night, we're getting our first look at the defense Albemarle County Supervisor Chris Dumler will use to dispute his felonious sex charge. A plot to bring down Dumler is now his defense against a forcible sodomy charge. New court documents detail Dumler's claim that a pair of ex-lovers are out to bring him down.
Dumler was arrested in the early morning hours of Thursday, October 18 and charged with one count of forcible sodomy. Court records indicate Dumler is accused of having anal intercourse with a victim through force, threat or intimidation.
The motion filed in Albemarle County General District Court details the incident, what led up to it, and what followed.
An affidavit says Dumler communicated with the victim through text messages, phone calls and Facebook from September 29 through October 6. The day of his arrest, Dumler says the victim recanted her story to police and admitted the sex was consensual.
The special prosecutor in the case says they have evidence to dispute that claim and are moving forward with the case.
Dumler also says he has copies of communications between the victim and his prior female sexual partner. Dumler claims the victim consulted with one of his past lovers before bringing the felony charge. The other female apparently said, "We have a stake in you going down in flames."
At the heart of the motion, Dumler's attorney is trying to stop investigators from searching the contents of Dumler's laptop and iPad. The devices, along with Dumler's iPhone, were taken at the time of his arrest. The iPad was issued by Albemarle County. A search warrant was issued in early November.
Dumler's attorney says the laptop and iPad are off limits because of his client's top secret clearance with the Army and his job as a criminal attorney. But Dumler and his attorney have no problem with police searching his iPhone.
The special prosecutor says they are moving forward with the search.
Dumler wants his iPad and laptop back immediately and the results of whatever may have been found on them thrown out.
Dumler's preliminary hearing is set for December 13 at 9:30 a.m.
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