CHARLOTTESVILLE, VA (CVILLE RIGHT NOW) – Three weeks after the charges against former University of Virginia football player Jahmal Edrine were nol-prossed, effectively pausing the case, evidence was argued over again during a post-trial motion heard in Albemarle Circuit Court on Thursday.

The motion, made by one of Edrine’s attorneys, Rhonda Quagliana, was to modify the protective order on the victim’s cell phone data to allow it to be shared with UVA for its Title IX case on the incident. That motion was objected to by the Commonwealth and ultimately rejected by Circuit Court Judge Claude Worrell.

The cell phone data has been the center of numerous disputes during the case. Worrell placed the protective order on the evidence during a hearing in on Sept. 29, ensuring the data would be sent to from Assistant Commonwealth’s Attorney Susan Baumgartner to Quagliana.

That order, Baumgartner said during Thursday’s hearing in the Charlottesville Circuit Courtroom, was written by Quagliana and explicitly limited the use and retention of the data to the criminal case.

Baumgartner also told the Judge both her and the victim, who filed the Title IX complaint with UVA, had concerns over the data being accessed by the university, where it could not be overseen by the court and could even be considered public record. Baumgartner said the phone’s data went back six years and that she was particularly worried about the personal info included in the data.

The status of the Edrine’s case also played a role in Thursday’s hearing. With his charges noll-prossed during his Oct. 22 hearing, his case has been dropped, although the Commonwealth has the option of refiling his charges later.

While Quagliana characterized the nolle prosequi as a victory in a press release the same day the motion was granted, Baumgartner, who made the motion for nolle prosequi herself, told Cville Right Now in an email the Commonwealth was still investigating the case.

“The Commonwealth wanted to do additional investigation on some collateral matters, which takes extra time in this case due to information and witnesses being out of state,” she said. “The defendant would not agree to a continuance, so the Commonwealth chose to nol pros the current charges to allow time for that additional investigation.”

For now, the case has been dismissed in the eyes of the court, and Baumgartner told Cville Right Now in an email Thursday morning the Commonwealth hasn’t even had an opportunity to refile since the Albemarle Grandy Jury hasn’t met since the nolle prosequi.

Worrell ultimately denied Quagliana’s motion on Thursday, stating he could not find “a legal basis or practical basis” for changing the protective order.

Edrine was originally arrested and charged with one count of rape and one count of abduction on Feb. 5. He was released on a $25,000 bail on Feb. 11 and is, for now, facing no charges.