A Fairfax Circuit Court judge yesterday ruled that a motel maintenance man who turned over to police $27,000 he found in a Fairfax motel room last December cannot be included as a possible recipient of the money in a pending suit over ownership.
The suit was brought by Thomas Tucker, of Richmond, who said he accidentally left the money in the motel room, but is being required by the county to prove the money is his.
Circuit Court Judge Thomas J. Middleton said he would not include the maintenance man, Charles A. Black, in the proceedings because there was insufficient evidence to prove Black has an interest in the case.
Black testified yesterday in an attempt to prove that he does have an interest in the case. Black said he went to Room 15 of the Brookside Motel on Dec. 23, 1976, to clean it.
He said he knocked on the door, which was open, and no one answered. He said he later found a Garfinckel's shirt box filled with the $27,000 in the room.
Victor M. Glasberg, Tucker's attorney, who sought to keep Black out the case, asked Black, if he owned the money before he found it.
"Uh, now it isn't (mine) "Black said. "But it could have been" his if he hadn't turned the money over to police.