GayStarNewsAyers’ lawyers, Russell Ainsworth and Rachel Steinback of civil rights law firm Loevy & Loevy Attorneys at Law also allege that an anti-gay bias by the investigating police officers contributed to their singling him out as a suspect.
A February 9, 2000 police report written by Cleveland Police Department Officer Denise Kovach repeatedly ponders Ayers and Ayers’ friends’ sexuality.
‘This male appeared very “gay” like, but when we asked him if he was gay, he laughed and stated no .... But this male acted very 'gay like', also had candles lit up around his house and religious statues and holy water in cups,’ the officer wrote.
‘[Friend] Ken Smith is also a hairdresser and dressed and sat like a gay male. Note: David Ayres [sic] gives quite an impression of also being gay.’
Ayers’ lawsuit argued that the investigating officers, ‘had no reason to suspect Mr. Ayers of having murdered Ms. Brown,’ but had pursued him as their suspect anyway.
‘Ayers was innocent and had nothing to do with the crime. Moreover, as a gay man, Mr. Ayers did not fit the profile of the killer in the case, given the obvious sexual nature in which the victim had been attacked. Nevertheless, [the officers] ... became resolved to prove that Mr. Ayers committed the crime.’
During the week long trial in 2000 one of the investigating officers, Denise Kovach, had argued that the pubic hair in Brown’s mouth had not been relevant evidence to disqualify Ayers because ‘pubic hairs are everywhere.’
It comes across to me that, possibly, the police were at first documenting (through their reports) Ayers' and his colleague's alleged behavior as part of the the rationale for ruling him out as a suspect, but then went ahead and targeted him anyway, explaining away the incongruity of the sexual assault with the argument that the pubic hairs could have come from anywhere.
For the police, it could be getting another black man in prison (in this case, his "crime" being the last person to see her alive) to satisfy their desired quota of closed cases overrode logically pursuing the investigation far enough to clear him.