CHARLOTTESVILLE, VA (CVILLE RIGHT NOW) – The Rivanna Trail assault and battery case against Patrick McNamara was quickly dismissed Friday morning in Charlottesville District Court after both defense attorney Rhonda Quagliana and Commonwealth’s Attorney Joe Platania filed motions Thursday to do so. Despite being counseled not to speak out, McNamara has spoken to NewsRadio WINA and several other media outlets claiming to have overwhelming evidence he was not ever on the Rivanna Trail at the time any of the two assaults reported to Charlottesville Police January 12 happened. And now, a private investigator hired by the defense team brought to light a video from Cosner Brothers Body Shop near the trail that shows a man who is not McNamara wearing the attire the victim had described her assailant wearing: a puffy white jacket.

Platania’s motion says that video was already in possession Charlottesville Police who had collected it January 22. The motion states “the individual that collected the video never prepared a supplement documenting its collection”, and “he reviewed the video and told the case agent that nothing of value was captured on it”.

Platania tells CvilleRightNow’s Courtney Stuart, “We are 100 percent responsible for what [the police] have in their possession, whether we know it or not.”

Police Chief Michael Kochis said, “That’s why the system is designed the way it is. The police have to have one standard to charge someone and prosecutors have to have a much higher standard to actually secure a conviction in the case. Once they realized that they did not have that, they made the decision to dismiss the case.”

The entire motions are below:

Platania McNamara Motion To Dismiss

Quagliana McNamara Motion To Dismiss 041124

Correction: This story has been corrected to reflect that the Cosner Bros surveillance video shows a man wearing a puffy white jacket that matches the victim’s description of her assailant’s clothing. The video does not show any assault.