Judge dismisses civil suit against city in Baseline Killer case - WSFA.com Montgomery Alabama news.

Judge dismisses civil suit against city in Baseline Killer case

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PHOENIX (CBS5) -

A superior court judge has dismissed a civil lawsuit against the city of Phoenix involving Baseline killer Mark Goudeau.

Goudeau was convicted of nine murders and more than a dozen sexual assaults during a Valleywide crime spree in 2005 and 2006.

Chandler attorney Marc Victor filed the lawsuit on behalf of five family members whose loved ones were killed by Goudeau.

The suit claimed that eight of the nine murders could have been prevented if the Phoenix Police Department had done its job properly.

According to the lawsuit, DNA evidence recovered from a double sexual assault case in September of 2005 would have linked Goudeau to those crimes.

Victor said that the delay in testing the DNA, resulted in Goudeau not being in custody, and free to commit the murders.

However, a judge determined Wednesday that there was not sufficient evidence to move the case forward and it was dismissed and all remaining issues were moot.

Victor said he is planning on appealing the judge's ruling.

Phoenix Police Sgt. Trent Crump released this statement:

"Today's ruling supports what the Phoenix Police Department has believed all along; our duty to the community was served. The Phoenix Police Department and our investigators always had the best interest of the community and the victims in mind while conducting this very complex criminal investigation. The men and women of our Department worked diligently to identify, arrest and prosecute the person responsible for these horrific crimes."

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